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19-028 Pacific Water Art Inc., Civic Center fountain repairsCITY OF rl PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on _3_/_l_l_/1_9 _______ _ ("Effective Date") by and between the City of Cupe1tino , a municipal corporation ("City"), and Pacific Water Art Inc. · , a Corporation ("Contractor") for Civic Center fountain repairs. 2. SCOPE OF WORK Contractor will perfonn and provide all labor, materials , equipment, supplies , transpo1tation and any other items or work necessary to perfonn and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A , and in accordance with the te1ms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term . This Contract begins on the Effective Date and ends on November 29 , 2019 ("Contract Time") unless tenninated earlier as provided herein . Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP ") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both patties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor 's performance and completion of the Work. Contractor must have sufficient time , resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 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 Patties 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 fo r satisfactory perf01mance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $24,000.00 ("Contract Price"), for all of Contractor's direct and indirect costs , including all labor, materials , supplies, equipment , taxes , insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must sub1nit 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 Civic Center Fountain Repairs Public Works Contract $60,000 /Rev . Jan . 02, 2019 Page I of I I any in c id e ntal cos ts incurred. Contractor w ill be pa id 95% of the undi s put ed a mount s bill ed with in 30 days afte r C it y rece iv es a prop erly su bmitt ed in voice. Any reta in ed amounts wi ll be in c lu ded w ith Co ntr actor's fina l payment within 60 days of City's acceptance of th e Wo rk as co mp lete. 5. INDEPENDENT CONTRACTOR 5.1 Status . Co ntractor is a n indep end e nt contractor and not an e mp loyee of Cit y. Co ntra ctor is so le ly respo ns ible for the mea ns and method s of perfo rmin g the Work and fo r the pe rso ns und er thi s em plo y me nt . Co ntractor is not e nt it le d to wo rker's compe nsat ion or a ny other C ity benefits. 5.2 Contractor's Qualifications. Co ntractor warra nt s on be ha lf of its e lf and its subcontractors th at th ey have the qua li ficat ions and sk ill s to perform the Work in a co mp etent and profess iona l ma nn er and acco rdin g to the hi ghest sta nd ards and best pra ctic es in th e indu st ry . 5.3 Permits and Licenses. Co ntractor warrants o n be half of it se lf and it s sub co nt ractors that they a re proper ly li censed , reg iste red , and/or certified to perform the Wo rk as required by law , and have procured a City Bus in ess Lic e nse . Co nt ractor sha ll po ssess a Ca li fornia Co ntractor 's Li ce nse in good stan di ng for the fo ll owing c lass ifi cat ion(s): C27 w ith expe ri e nce in water feature co nt ro ls , whi ch mu st remai n va li d for the entire Co ntract T im e. 5.4 Subcontractors. Onl y Co ntractor 's empl oyees are author ize d to work und er thi s Co ntra ct. Prio r wr itt e n approva l from City is required for a ny s ub co ntrac tor, and th e te rms and cond it ions of thi s Con tract w ill app ly to any approved sub contractor. 5.5 Tools, Materials and Equipment. Co ntrac tor will s upp ly a ll too ls, materia ls and eq uipm ent requir ed to perform the Work und e r thi s Co nt ract. 5.6 Payment of Taxes. Contractor mu st pay in come ta xes on th e money ea rn ed und er this Co ntra ct. Upon C ity 's requ es t, Co ntractor wi ll prov ide proof of payment and wi ll ind em nify C it y for vio latio ns pursuant to th e ind em nificat ion provi s ion of th is Contract. 6. CHANGE ORDERS Ame ndm e nt s and cha nge orders mu st be in writ ing a nd signe d by C ity a nd Co ntracto r. Co ntra ctor's requ es t for a chan ge order mu st spec ify the propos ed cha nges in t he Work , Co ntract Pri ce, and Co nt ract T im e. Ea ch requ es t mu st in c lu de a ll the s upp ort in g documentati on, inc lu d in g but not limit ed to pl rms /dra w in gs , deta il ed cost est im ates, and im pacts on sc hedu le and co mpl et ion date. 7. ASSIGNMENTS; SUCCESSORS Co nt rac tor sha ll n ot ass ign, hypo th ecate, or transfer t hi s Co ntract or any int erest there in , direc tly or indir ect ly, by opera tion of law or otherw ise, wi th o ut prior wr itten co nse nt of C it y . Any atte mpt to do so will be null a nd vo id. Any c hanges re lated to t he financia l contro l o r bu sin ess na t ur e of Contractor as a lega l entit y is cons id ered a n ass ig nm ent or the Contract a nd s ubj ec t to City ap prova l, w hi ch sha ll not be unrea sonab ly w ithh e ld. Co ntro l mea ns fiRy percent (50%) or more of the vot in g power of the business en ti ty . T hi s Co ntract is bindin g on Co ntra cto r, it s he ir s, successo rs and permitt ed ass igns Public Works Projec t Civi c Center Fo unta in Repa irs Public Worl<s Co ntract $60,000 /Rev . Jan. 02, 2019 Page 2 or 11 8. PUBLICITY / SIGNS Any publ icity ge nerated by Co ntra cto r for the Project during the Co ntra c t T im e , and for on e yea r thereafter mu st c redit City contributions to the Project. The words "C ity of Cup e rtino " mu st be di s played in a ll pi eces of publicity , n ye rs, pr ess re leases , po ster s, brochures , int e rvi ews , publi c se rvic e announ ce me nt s a nd newspa pe r articles . No s igns ma y be po sted or di sp layed on or about C it y property , exce pt s igna ge req uir ed by law o r thi s Co ntract , without prior written approval from th e Ci ty. 9. SUBCONTRACTORS 9.1 Co ntra ctor mu st perform all the Work with it s own forces , exce pt that Co ntrac tor may hir e qu a lifi ed sub co ntractors to pe rform up to 25 % of the Work , provided that eac h subc ontractor is req uir ed by co ntract to be bound by th e provisions or thi s Co ntra c t. Co ntra ctor mu st provid e City with written proof of comp! ianc e with th is prov is ion upon requ est. 9.2 C ity may rej ec t any s ubcontra ctor of any ti er and bar a s ubcontractor from performing Work on the Project , if Cit y in its so le di sc ret ion dete rmine s that subcont ractor's Work fal ls short of the re quirements of this Co ntra ct or constitutes ground s for r~jec tion und e r Public Co ntract Co de Sec tion 4107. If City rqjects a subcontractor , Contractor at it s ow n expense mu st perfo rm the sub co ntracto r's Work or hir e a new s ub co ntra ctor that is accepta bl e to C ity. A Not ice of Co mpl e tion mu st be recorded within 15 day s after City acce pt s the Work if th e Co ntra ct involv es work by s ubcontractor s . 10. RECORDS AND DAILY REPORTS 10 .1 Co nt ractor mu st ma intain daily re port s of the Work a nd submit them to C ity upon re qu es t and at comp let ion of Project. The report s mu st descr ib e the Work and spec ific tas ks per form ed, the numb e r of worker s, the hours, the equipm e nt , the weather condit ions, and any circumstances affecting pe rformanc e . C ity wi ll have ownersh ip of the re port s, but Contractor w ill be permitted to retain cop ies. 10.2 If app li cable, Co nt ractor mu st keep a se parat e se t of as-bui It drawin gs show in g changes a nd update s to the Sco pe of Work or the or igina l drawin gs as changes occu r. Actua l locations to sca le mu st be id e ntified for all major components of th e Work, in c ludin g mec hanical , e lect ri ca l a nd plumbin g work; I-IVA C syste ms; utiliti es and utility connections; and any other components C ity det e rmine s shou ld be includ ed in th e fina l drawin gs of the Proj ec t. Deviation s from th e or ig inal drawin gs mu st be shown in detail , a nd th e locat ion of a ll main run s, piping, conduit , ductwork , and drain lin es mu st be shown by dim e ns ion and e levation . 10.3 Co nt ractor mu st ma intain comp lete an d acc urat e accounting reco rd s of it s Work , in accorda nce with ge ne rally accepted accounting pr in c ipl es, which mu st be availab le for C it y rev iew a nd a udit , kept separate from other reco rd s, and mainta in ed for four years from th e dat e or City 's final pa y me nt. Public Worl<s Proj ect Civic Center Fountain Repairs Public Works Con trac t $60 ,000 /Rev . Jan . 02. 2019 Pa ge 3 Lli' 11 11. INDEMNIFICATION 11 .1 To the l'ull es t exte nt all owed by law, an d except for lo sses ca use d by th e so le and active neg li gence or w illl'ul mi sco nduct of City personnel , Co ntractor sha ll in demn ify, defend, and hold harm less City , it s City Co un cil , boards and com mi ssio ns, office rs, offic ials, emp loyees, agents, se rvants , volunteers and co nsul ta nt s ("lnd emnit ees"), throu gh lega l co un se l acceptab le to C it y, from and against a ny and a ll li ab ilit y, dama ges , c laims, stop notice s, actions , causes o f action , demands , charges, losses and expenses (including atto rn ey fee s, lega l costs and expe nses related to li t igat ion and dispute reso luti o n proceedings), of eve ry nat ur e ar is in g directly o r indirectly from this Co nt ract or in any manner re lat in g to any of the fo ll ow in g: (a) Breac h of co ntract , ob li gat ion s, representation s or warra nti es; (b) Performance or nonperformance of the Work or of any ob li gat io ns und er the Contract by Co ntractor , it s emp loyees age nt s, servants, subcontractor s or sub contrac tors· (c) Paym ent or nonp ayme nt by Contractor or it s sub co ntractors o r s ub -su bco nt ractors for Work pe rformed on or off th e Project Site; and (d) Perso na l inju ry, prope rty damage , or eco nom ic loss re sulting from the work or performance of Co ntractor or it s subcontracto rs or sub-subco nt racto rs. 11.2 Co ntractor mu st pay the costs C ity in c urs in enforc in g this provi s io n. Con tractor mu st accept a tend er of defe ns e up on re ce iv in g notice from C ity of a thi rd-party c la im , in accordance with Ca li fornia Public Contract Code Section 920 1. At City's requ est, Co ntractor will assist Cit y in th e defense of' a cla im, di s pute or laws uit aris in g out of this Co nt ract. 11.3 Co ntra ctor's duties und er thi s entir e Sect ion are not limi ted to Co nt rac t Price, Worke rs' Co mpen sa tion or other emplo yee benefits , or the in surance and bond coverage required in t hi s Co nt ract. Not hin g in the Co ntract sha ll be construed to g ive rise to any impli ed righ t of ind emnit y in favor of Contracto r aga in st City or a ny ot her I ncl emn itee. 11.4 Co nt racto r's payment s may be deducted or o ffse t to cover any mo ney the City lost due to a cla im or co unt erc laim ar is in g out of this Co nt ract , a purchase o rder or othe r transaction. 12. INSURANCE Co nt ractor sha ll co mpl y with the In sura nce Requirements , attac hed and in co rp ora ted here as Exhibit B. Co ntractor must provid e sat isfactory proo f or in s urance and maintain it for the Co nt ract Tim e or long er as requir ed by City . C it y w ill not execute the Contract until City ha s a pp roved rece ip t of satisfactory certi fi cates of in suran ce an d end orse ment s ev id enc in g the type, amount , c la ss of ope rations covered, and th e e ffectiv e and exp irat ion date s of coverage. Fai lur e to co mp ly wit h thi s provision may result in Cit y, at its so le di sc retion and w ith out notic e, purcha s in g in sura nce at Con tra ctor's expense , deductin g th e costs fr om Co ntra cto r 's compensat ion, or terminating the Co ntract. Publi c Works Proj ect Civic Ce nt er Fountain Repa ir s Publi c Works Contrac t $60 ,000 !Rev. Jan. 02, 2019 Pn gc 4 of' 11 13. COMPLIANCE WITH LAWS 13.1 General Laws . Co ntra ctor sha ll co mpl y wit h a ll laws and reg ulation s appli ca bl e to thi s Co ntract. Co nt racto r will promptl y noti fy Cit y of changes in th e law or other co ndition s th a t may affect th e Project or Co ntr ac tor 's abi li ty to perform. Co ntr actor is res pon sibl e for verifying th e emplo yment statu s o f emplo yees perrorrning th e Work , as requir ed by the Immi gra ti on Reform and Con trol Ac t 13.2 Labor Laws. (a) Co ntra cts of $1,000 or mor e a re s ubj ec t Lo th e requirem ent s of the Ca liforni a Labor Co de, in c ludin g but not limit ed to : (i) Pr eva ilin g wage laws und er Labo r Co de Sec tion 1775, whi ch require Co ntra ctor to pa y pr eva ilin g wages app li ca bl e in Sa nt a Clara Co unty for eac h crart , c lass ifi ca tion , or type of wo rk er nee ded to perform th e Work , in c ludin g hea lth , pension and vacation. T he prevai lin g wage rates are on fi le with th e Cit y Eng in ee r's offic e and are ava il ab le on lin e at http://ww w.clir .ca.gov/DLSR; (ii) Apprentices hi p requir ement s und er Labor Code Sec tion 1777.5 for Co nt acts $3 0 ,000 o r mor e; (iii) Mai nt a in ce rtifi ed pa yroll reco rd s in accordance w ith Labor Co de Sect ion s 1776 and 18 12, and e lectroni ca lly s ubmit them to the Labor Com mi ss ion e r as requir ed by th e reg ulation s of Californi a, Department ofr ndu s trial R e lation s ("DIR"); (iv) Co mpl y with DIR Monitorin g, Enforc ement and Regi stration requir e ment s of Labor Co de Sect ion 1725.5. (b) Co ntra ctor must comp ensat e workers who are paid les s than prevai lin g wages or required to wo rk mor e th an a lega l day's work. Co ntractor wil l a lso be requir ed to pay C ity a pena lty of $ 200 .00 per work er for each da y of violation . (c) As requir ed by Labor Co de Sect ion 1861, by s ig nin g thi s Co ntract Co ntractor cert ifies as follo ws : "I am aware of Labor Co de Sec tion 3700 wh ich requir es every e mplo yer to be in sur ed aga in st li a bili ty for workers ' co mp ensat ion o r to und ert ake se l f-in suranc e in acc ord a nc e with the provision s of that code, and I wi II co mply w ith s uch provi s ion s befo re commencing th e Work on this Co ntra ct.'' 13 .3 Discrimination Laws . Co ntractor sha ll no t di sc riminat e on th e ba s is of race, re li g ious creed, co lor , ances tr y, nat ion al orig in , ethni c ity, handicap , di sa bility , marital statu s, pr eg nanc y, age , sex, ge nder , sex ual orientat ion , ge nd er id e ntity , Ac quir ed -Immune De fi cienc y Sy ndrom e (AJDS) or any other prot ecte d c lass ification . Co ntra ctor sha ll comp ly with a ll anti-di sc rimin at io n laws , in c ludin g Gove rnm ent Code Sec tion s 129 00 and 111 35, and Labo r Co de Section s 17 35, 1777 and 3077.5. Co nsis tent with C ity po li cy prohibiting ha rass men t and di sc rimin ati on , Con trac tor und ersta nd s that harass ment and di sc rimin at io n directed tow ard a job ap plic ant , an employ ee, a Ci ty empl oyee, or any other per so n, by Co ntra cto r or Co ntra ctor's empl oyees or sub -contractors w ill not be to lerated. Public Worl<s Project Civic Center Fountain Repairs Public Works Co ntra ct $60,000 /Rev. Jan . 02, 20 19 l'age 5 o l' 11 13.4 Conflicts of Interest. Co nt rac to r, it s empl oyees, sub co nt rac tor s, se rvant s and age nt s, ma y not have , mai nt a in o r acq uir e a co nfli ct of int erest in re lation to thi s Co ntr act in vio lation of law, in c ludin g Govern ment Code sect ion I 090 and Govern ment Co de sect ion 8 1000 and th ei r accompa ny in g reg ul atio ns. No officer, offic ia l, emplo yee, co nsult ant , or other age nt of the C it y ("C ity Representative") may have, ma intain , or ac quir e a "fin ancia l int eres t" in th e Co ntra ct, as that term is defined by sta te law, or in vio lation of a C ity o rdin ance or po li cy whil e se rvin g as a C ity Rep rese nt ativ e or for one yea r th erea fl er. Co nt racto r, its e mployees , sub co ntractors , se rva nt s and age nts wa rrant th ey a re not e mployees of'City or have any re lat ionship with C ity offic ia ls, orticers o r empl oyees th at creates a conn ict of int e re st. Co ntractor may be requir ed to fil e a conlli ct of int e res t form if it makes ce rt a in governm ental d ec ision s or se rv es in a staff capac ity, as defin ed in sect ion 187 00 of the Ca liforni a Co de of Reg ul at ions. Co ntra ctor ag rees to ab id e by C ity ru les gove rnin g g ifts to pub li c o ffi cia ls and empl oyees. 13.5 Remed ies. Any vio lat ion of Sec tion 13 const itute s a mat er ial br eac h and may res u It in C it y suspe ndin g pay ment s, requirin g reimburse ment , or terminatin g th e Co ntra ct. C it y reserves a ll ri ght s and remed ies und er the law and thi s Co ntra ct , in c ludin g seek in g ind emn ifica ti on. 14. BONDS Fo r co ntra cts of $25,000 or mor e, Co nt rac tor mu st obta in a pay ment bond and a performanc e bond , eac h in th e penal sum o f I 00 % of th e Co ntra ct Pri ce, us in g the Bond Fo rm s attac hed and in co rpor ated here as Exhibit C. Eac h bond must be iss ued by a sur ety ad mitted in Ca liforni a, w ith a fin a nc ia l rating from A.M . Best Co mp any or C lass A-or hi gher, or as otherwise acce ptabl e to City. If an iss uin g sur ety ca nce ls a bond or becomes in so lvent , Contra cto r mu st provid e a s ub stitu te bo nd from a s ur ety accep tab le lo C it y within seve n ca lendar day s a lt er writt en notic e from C ity. If Co nt rac to r fa il s to do so, City may in its so le discret io n and without prior noti ce, purchase bonds at Co ntrac tor 's expe nse, deduct the cost from pay ment s due Co ntra cto r, or term in ate th e Co ntra ct. Cit y wil I not exec ut e th e Co nt ract nor is sue the NTP until th e requir ed bonds a re submitt ed. 15. UTILITIES, TRENCHING AND EXCA VA TlON 15.1 Contractor mu st ca ll the Und ergro und Serv ice Alert ("USA") 8 11 hotlin e and requ es t mark in g of utilit y lo ca tion s befo re di gg in g or commencing Work. For und ergrou nd se rvic e a lert s for st ree t li ghtin g and traffi c s igna l conduits, C it y's Serv ice Ce nt er mu st be ca ll ed at (408) 777-3269. Gove rnm ent Code Sec tion 42 15 requires Co nt ractor to noti fy C ity and Utilit y in writin g if it discovers uti I iti es or uti I it y fac i I iti es not ide ntifi ed in th e Co ntra ct. 15 .2 Pur suant to Gove rnm ent Code Sec tion 7104, Co ntractor mu st s top work, notify C ity in wr itin g, and wa it for in st ru ct io ns ifone of th e co nd iti o ns be low is found at the works it e. C ity will work with Co ntra cto r to ame nd the Co ntra ct or iss ue a change or der if the discovered co nditi o ns mate ri a lly change the Work/Performance , Co ntra c t Time or Contract Price . (a) Mater ia l beli eve d lo be haza rd ous waste und er Hea lth and Safety Co de Sec tion 25 11 7, and which req ui res remova l to a C la ss I, C lass ll , o r C lass Ill disposal s it e pur s ua nt to law; (b) Sub s ur face or latent p hys ica l co ndi tions at the Project work.s it e differi ng from those indi cated by info rmation abo ut th e works ite mad e ava il a bl e to Contractor ; and Public Works Project Civic Center Fountain Repairs Public Wo rks Contract $60,00 0 /Rev. Jan . 02 , 20 19 Pa ge 6 of 11 (c) Unkn ow n physica l co ndition s at the Project works it e of any unu sua l natur e, materially different from tho se or din ar il y e nco unt ered and from tho se ge nera ll y recogn ize d as inh ere nt in the charac ter of the Work . 15.3 for co nt racts $25,000 or hi ghe r that req uir e excava ti o n or inv olve trench es five feet o r more in depth , Co ntra cto r must s ubmit a detail ed plan for City a pprov a l, per Labor Code Sect ion 6705 prior to com me nc in g work . T he pl an mu st show the des ign of shorin g, bracing , s lopin g and other provisions for worker protect ion from cav in g gro und a nd other ha zar d s. The protect iv e sys te m mu st comp ly with a ll Co nstru ct io n Safety Orders. If th e plan varie s from shoring sys tem stand ar ds, it mu st be prepared by a reg iste red civ il or st ru ct ural eng in eer. 16. URBAN RUNOFF MANAGEMENT 16.1 A II Work mu st fu ll y comply with fe dera l, state and loca l laws and reg ulation s concernin g sto rm wa ter ma nageme nt. Co ntra cto r mu st avo id c reat in g excess du st when breaking as ph a lt or concret e and during excava tion a nd g rad in g. If water is used for du st co ntrol , Co ntra cto r will use only the amo unt o r water necessa ry to dampen th e dust. Co ntra cto r wi II take a ll steps necessa ry Lo keep wash water out of the str ee ts, gutt e rs a nd storm drain s. Prior to the sta rt of th e Work , Co ntra c tor wi ll impl eme nt e ro sion and sed im ent co ntrol s to pr e vent po lluti on of sto rm drs in s, a nd mu st up grade and ma int ai n these co ntrol s bssecl on weat her co nditi o ns or as oth e rwise req uir ed by City. These co ntrol s mu st be in pl ace during the entire Co nt ract Time a nd mu st be removed at the end of construction an d com pl et ion of th e Work . Such control s must includ e, but will not be li mited to , the fo ll ow in g requirement s: (a) lnstall storm drain in let protect ion dev ic es such as sa nd bag barri ers , filt e r fabric fences , and block and grave l filter s at all drain inl ets impa cte d by con struction . During th e a nnual rainy seas on , October 15 throu gh Jun e 15, sto rm drain inl ets impa cted by construction work mu st be tilt e r-protec ted from onsite cl c-wste rin g activitie s and saw-c uttin g act iv ities . Shovel o r vacuum saw -cut s lurry and re mov e from th e Work s it e; (b) Cove r exposed pil es of so il or co nstruction mat e ri a l with plastic s heet in g. Sto re a ll co nst ru ct ion mate ri a ls in co nt a in e rs; (c) Swee p and re mov e all mat e rial s from pave d s urfa ces th at drain to st reets, g ut ters a nd sto rm drain s prior to rain and st th e e nd of eac h work da y. Wh e n th e Work is comp leted, wash the stre et s, collect and di s pos e of th e wash water o ffsit e in lawfu l mann er; (cl) After breaking o ld pa veme nt , remov e debr is to avoid contact with rainfall/runoff; (e) Maintain a c lea n work srea by remov in g trn sh, litt er, and de bri s at th e end of each wor k day snd when Work is co mpl ete d . C lea n up any leaks, drip s, a nd other s pill s as they occ ur. 16.2 These require me nt s mu st be use d in co njunction with th e Ca li fornia Stonn wat e r Q ualit y Assoc iation and Ca liforni a Best Management Pract ices Municipal and Co nstruction Ha ndbooks, loca l pro gra m g uid a nc e mater ial s from muni c ipaliti es, and any other applicable docum e nt s on sto rm wa ter qu s lit y contro ls for co nst ruction. Contractor 's fa ilur e to co mpl y with thi s Sect io n wi ll re sult in th e iss ua nc e of no nco mpli a nce noti ces, c it ation s, Work stop orders and reg ul atory fin es. Public Works Project Civic Center Fou ntain Repairs Public Work s Contract $60,000 !Rev. Jan . 02, 2019 l'age 7 of 11 17. PRO,JECT COORDINATION City Project Manager. C it y ass igns Ke n Tanase as the C ity rep rese nt at iv e for a ll purposes und er thi s Co nt ract , with auth ority to requ ir e compli a nc e w ith the Sco pe o f Work. City ma y su bst itute Proj ec t Mana ge rs at any t ime and with out prior notic e to Co n tra cto r. Contractor Project Manager. S ubj ec t to City approva l, Co ntra cto r assig ns Dirk Roh loff ____________________ as its s in g le re pr esen tativ e for a ll purpo ses und er th is Co ntract , \.Vith th e respons ibility to ensur e pro gress with th e Work . Co ntractor's Proj ec t Ma nage r is responsib le for coo rdinat ing and sc hedulin g the Wo rk and mu st regu larly updat e th e C it y Pro j ect. Manager about th e stat us a nd any de lays with the Work , co nsistent with the Sco pe of Work. Any subst itutions mu st be approve d in wr iti ng by C ity . 18. ABANDONMENT AND TERMINATION 18.1 C it y may a band on or po stpo ne the Project or par ts therefor at a ny tim e. Con tracto r w ill be compensated for sat isfac tor y Wo rk perform ed thro ug h the date of aba ndonm ent and w ill be g iven reaso na bl e tim e to close o ut the Wo rk. With C it y's pre-a pprov a l in wr itin g, t he tim e spent in clos in g o ut the Wo rk wi ll be co mp ensated up to 10% of th e tot al tim e ex pend ed in performin g th e Work. 18.2 C it y may te rmin ate th e Co ntra ct fo r ca use or wit hout cause at any tim e. Co ntracto r w ill be pa id for sat isfac to ry Work rendered th roug h the terminatio n elate and will be g iven reasonab le tim e to c lose o ut th e Wo rk . 18.3 F ina l payment wi ll not be made until Contractor de li ve rs the Work and provid es records doc umen ti ng th e Work, produ cts and de li verab les comp leted . Not hin g in the Sect ion be low is int ended to de lay, a bridg e or bar C ity 's ri g ht und er thi s Sect ion . 19 . GOVERNING LAW, VENUE AND DISPUTE RESOLUTION Th is Co ntra ct is gove rn ed by the laws of Sta te of Ca li fo rn ia. Venu e for a ny lega l act ion sha ll be the Sup erior Court of th e Co unty of Sa nta C lara , Ca li forn ia . The di s put e reso lu t ion pro ced ur es of Publi c Co ntra ct Cod e Sec ti on 2 0 I 04 , in co rporat ed here by re fe rence, app ly to this Co nt ract and Co ntractor is req ui red to co ntinu e the Work pendin g reso luti on of any d isp ut e. Prior to filin g a law suit , Co ntra ctor mu st comp ly wit h th e c la im fil ing requir ement s ol't he Ca liforni a Gove rnm ent Co de. If th e Parti es e lec t ar bitrati on, th e arb it rator's award mu st be s upported by law and sub sta ntia l ev id ence and in c lud e deta il ed written findin gs of law and fact. 20. ATTORNEY FEES If C ity initi ates lega l act ion , fil es a compl ain t or cross-comp laint , or pur s ues arb it rat ion, ap pea l, or oth er prn cee din gs to enforce its rig ht s o r a jud gment in co nn ec t ion with th is Co ntra c t, th e prevai lin g party w ill be entitl ed to reaso nab le atto rn ey foes and cost s. Pub li c Works Project C ivi c Center Fou nt a in Repa irs Public Works Con tract $60,000/Rev. Jan. 02, 2019 Page 8 or 11 21. SIGNS/ADVERTISEMENT No s ig ns may be displayed o n or a bou t Cit y's property , exce pt s ignagc whi ch is requir ed by law or by the Co nt rac t, w ith out C it y's pri or written approva l as to s ize , de s ign and location . 22. THIRD PARTY BENEFlCIARJES T here are no int end ed thi rd party beneficiari es of thi s Co nt ract. 23 . WAIVER Neit her accepta nce of th e Work nor payment th ereof sha ll co nstitut e a wa ive r of any co nt ract prov is ion . Cit y wa iv er of any br eac h shall not co nst itut e wa iv e r of anoth er provision or br ea c h. 26. WAIU~TY Co nt racto r wa rra nt s that materia ls a nd equ ipm e nt use d w ill be new, of goo d qua li ty, and fr ee from defect ive wor km anship an d mat eria ls , and that the Work will be free from mate ri a l de fec ts not intrin s ic in th e des ign or mate ri a ls. A ll Work , mater ia ls and equipm ent shou ld pass to C it y fr ee of c la im s, li ens or encumbranc es. Co nt ractor warra nts the Work an d material s for one yea r from the date of Ci ty 's accepta nce of the Wo rk as comp lete ("Warranty Period "), excep t whe n a lon ge r guara nt ee is provid ed by a s uppli er, manufacturer or is re qui re d by thi s Co nt rac t. Durin g th e Warran ty Period , Co ntrac to r wi ll re pair or replac e any Work defec ts or mate ri a ls, in cludin g damage that arise s fr om Co ntra ctor's Warranty Work , exce pt any wear and tear or damag e res ultin g fro m imp roper use or maintenance . 27 . ENTIRE CONTRACT This Co ntra ct and th e attachm ent s, documents, and statut es atta ched, referenced , or express ly in co rporat ed here in , in c lud ing auth o ri ze d amendment s or change orders co nst itut e the final and co mpl ete co nt ract betwee n C it y and Co ntractor with respect to the Work a nd the Project. No oral co ntra ct or impli ed covena nt will be e nfor ceab le aga in st Cit y. If any att achment or inc orporated provi s ions co nfli ct or are in co nsistent with the ter ms o f thi s Co ntract , the Co ntract term s will co ntr o l. 28. SEVERABILITY/PARTIAL INVALIDITY If a co urt finds any te rm or provision of thi s Co ntract to be ill ega l, in va li d or unenforc eab le , th e le ga l port io n o f said prov is ion and a ll other co ntrac t provi s ions wi ll remain in full force and effe ct. 28. SURVIVAL T he co ntrac t provi sio ns whi ch by th e ir nat ur e should survi ve the Contract or Co mpl eti on of Project , in c lu din g with o ut limit ation all warrant ies, indemnities , payment ob li ga tion s, in suran ce and bond s, shall remai n in full forc e and effect after the Work is comp leted or Co ntract ends. Public Works Pro j ect Civi c Center Fo untain Repairs Pub lic Works Co ntra ct $60,000/Rev.Jan. 02. 20 19 Pa ge 9 o f 11 29 . INSERTED PROVISIONS Eac h provision and c lause req uir ed by law to be in serted in thi s Co nt ract w ill be deemed to be in c lud ed and wi ll be in ferred here in. Either pa rty may req uest an amendment to cur e mi stake n in se rti o ns or omissions of req uir ed pro vis ions. 30. CAPTIONS The ca pt ions, titles , and head in gs in thi s Co nt ract are for co nv eni ence onl y and may not be use d in th e co nst ru ction or int erpr etation of th e Co ntract or for any ot her purpo se. 31. COUNTEJU> ARTS Th is Contract may be exec ut ed in co unt erpat ts, eac h of whi ch is an orig ina l and a ll of whi c h take n together shall form one s in g le do cum ent. 20. NOTICES All no ti ces , requ ests , and approva ls mu st be se nt in writin g to th e persons below and will be co ns id ered effecti ve on th e date of perso na l de liv ery, th e date co n firm ed by a reputab le ove rni g ht de li ve ry se rvice, on th e fifth ca len dar day alter deposit in th e United States Mail, pos tage prepaid, reg iste red or cert ifi ed , or th e nex t bu si ness day fo ll ow in g e lectro nic submi ss ion : To City of Cupertino : I 0300 Torr e A venue, Cup e rtin o CA 950 14 Attent ion: Ke n Tanase To Contractor: Pac ific Wale r Arl , In c. Attenti o n: Dirk Rohloff --------------Cop y to : _$_1,\,_e__,_\ _\;(_.Q.,_b1-e,-1 ____ _ Copy to: Car l Va ld ez Email : kent @c upertino.org Email: dirk (a}pac ificwat erart.com 30. VALIDITY OF CONTRACT Thi s Co ntra ct is valid and enforc ea bl e o nl y if (a) it co mpli es with th e purchasing and contract provi sio ns of Cup er tin o Municipal Code Chapt ers 3.22 and 3.23, (b) is s igned by th e C it y Manager or an authorized designee, and (c) is approved fo r form by th e Cit y Att orney's Office. 32. EXECUTION The perso ns s ignin g below warrant they have the authorit y to ent er int o this Co nt ract and to lega ll y bind th e ir res pect ive Parti es. If Co ntra ctor is a cor porat ion, signatures from t\.vo officers of the corporation are requir ed pur suant to Ca li fornia Co rp ora ti ons Code Sect io n 3 13. Public Works Project Civ ic Center Fountain Repa ir s Pub lic Works Cont rac t $60 ,000 /Rev . Jan . 02, 2019 Pa ge 10 ol' 11 IN WITNESS WHEREOF, th e parties have caused thi s Co ntra ct to be exec ut ed as or Lh e Exec uti on Dat e first a bo ve wri tt e n. CONTRACTOR Pac ifi c Water Art , In c. Co rp o rat ion T itl e: Pr es id ent S ignatur e Date: }_} L ,_f _,_[ _,___q ___ _ -'I APPROVED AS TO FORM: By: HEAT HER M. MJNN ER Cupertino C it y Attorney ATTEST: ..... CITY OF CUPERTIN O, a Municipa l Co rp oration By ifj;d~ T i111n ffi iQ..00.e vL L-e-€. A;-c.,.n N6i T itl e!-Dir ector of Publi c Works S ignature Date: ___________ _ Pub lic Works Project C ivi c Cente r Fountain Repairs Public Work s Co 11tract $60,000 /Rev. Jan. 02, 2019 f'nge 11 nf 11 Pacific Water Art Inc. Civic Center Fountain Repairs Proposal Amount $ 24,000.00 Description miscellaneous fountain repairs Account# 100-87-838-700-702 Description Account# Proposal Amount Description Account# SUBTOTAL Contingency CONTRACT TOTAL PW Supervisor ---------------------,.---) ,,,,---- ,/,, ', \:~_/ / 24,000.00 , .. $ $ $ 24,000.00 Ken Tanase Date EXHIBIT 'A' Contract Name: Civic Center Fountain Repairs Contractor: Pacific Water Art Inc. SCOPE OF WORK: Contractor shall provide repairs and maintenance for the Civic Center fountains . Compensation shall be based on the "PW A Labor Rates " on the following page ofthis Agreement. Types of work the contractor can encounter and shall complete include:. Troubleshooting and inspection of fountain controls , Testing sensors and repairing or replacing these devices, Evaluating low-voltage wiring and recommending repairs , Testing and replacing control boards, Reprogramming controls to operate effectively. EXH I BIT 11 A11 To: From: Date: Re: Hi Ken, · Pacific Water Art Inc. MEMO Ken Tanase -City of Cupertino kent@cupertino.org Dirk @ Pacific Water Art, Inc. February 13, 2019 Cupertino Civic Center Fountain Repair Labor Rates Per your request, please find below the repair labor rates fountain work to be performed at the above referenced site: PWA LABOR RATES FIELD LABOR ($/hr): Valid Through June 2019 Foreman Plumber I $163.00 www.pacificwaterart.com Journeyman Plumber ___________ J-_ $157.00 -==:= -~:;:~l:~~~~:~:~ol ~:~~:::~_e_r _ _j ___ -$~::.~-i ~+-----~---~~-=-::--~-t---;:~. ~l~ ~~~I _J<>_l"'l•Yma_n~o_rer _________ l_ ______ $90.00 __ P~4c.-~ M, TI,,z.. I NOTES: Above labor rates include the following: 1. Base Union Package 2. Payroll Taxes and Insurance 3. Allocatable Indirect Labor 4. Allocatable Department Expenses 5. Small Tools 6. Truck & Fuel 7. Overhead & Profit 8. Mark-up on Consultant services@ 15% ~Ll 1oe to~~ L t;."'l o aloov~ ~ , ~lti.. /~ ~~}. a,~l ~VD\<.,G. ··0·------T- 155 San Lazaro Avenue • Sunnyvale, CA 94086 • Tel (650) 968-2733 • Fax (650) 968-1633 roBLIC WORKS CONSTRUCTION CONTRACTS Snur/1 Projects -$60,000 1 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: J 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 inciude coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and emp loyer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal inju,y, 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 -contdbutory," 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. J. Automobile Liability: ISO Fmm 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 D[R. D N/ A if box checked ( Contractor provides written verification it has no employees). 4. Pro~ional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. J.2Sl N/A if box checked (Contract is not design/build). 5. Builde r'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. J&! NIA if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements/or 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~han $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ NIA 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-I11s11red Rete11tio11s. Self-insured retentions must be declared to and approved by City. At City's option, either: (l) 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: Additio11al 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 insw-ance 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 Cancellatio11 Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each ce1tificate 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, rem odel , 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 C ity. 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 lt1surers 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"Vll" or better. Verfficatio11 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 Vers ion: Jan. 2019 3 PACIWAT-01 ESOUSA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/27/2019 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 S2tiI~cT Erika Roys Micheletti Insurance Services rt8.Ntro, Ext): (408) 292-4900 I FAX 111 N. Market Street, Suite 705 (A/C, No):(408) 297-4949 San Jose, CA 95113 i~dl~hss: erikar@michelettinsurance.com INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A : West American Insurance Comoanv 1' 44393 INSURED INSURER B : American Fire & Casualtv Comoanv A. 24066 Pacific Water Art Inc. INSURER c : Everest National Insurance Comoanv (:,, ~ 10120 155 San Lazaro Ave INSURER D : Sunnyvale, CA 94086 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO C ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI CATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CO NTRACT 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 , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR . INSD WVD IMM/DD/YYYYl IMM/DD/YYYYI ,l,,A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ \../"'1 ,000,000 -~ CLA IMS-MADE [K] OCCUR /1/2019 Y1 DAMAGE TO RENTED X X BKW (19f57 87 17 72 4/1/2018 4 PREM l!:-ES /Ea occurrence\ $ 1,000,000 - MED EXP fAnv one oersonl $ 10,000 - PERSONAL & ADV INJURY $ 1 ,000,000 -t,/2,000 ,000 ~'L AGGR EGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [K] ~~T □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ / L,,B AUTOMOBILE LIABILITY COMB INED SINGLE LIMIT V 1,000,000 /Ea accident\ $ X ANY AUTO x ~ BAAi19) 57 87 17 72 4/1/2018 4/1/2019 v BODILY INJURY (Per oersonl $ --OWNED SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY <Per accident) $ X HIRED X NON-OWNED FP~9~'3'c~Jei1~AMAGE $ -AUTOS ONLY -AUTOS ON LY I $ /~ IJ' UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ /7,000,000 x EXCESS LIAB CLAIMS-MADE ESA (19) 57871772 4/1/2018 4/1/201gJ AGGREGATE $ ( 1,000,oog OED I X I RETENTION $ 0 $ "--..___/ v= WORKERS COMPENSATION X I ~~:TUTE I I OTH-I AND EMPLOYERS' LIABILITY x • 7600017414lJ181 4/1/2019'°' ER Y/N 4/1/2018 ✓1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [[] E.L. EACH ACCIDENT $ firFlCER/MlM~Tfi EXCLUDED? N/A andato ry n ) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERA TIO NS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Civic Center fountain repairs As required per written contracUagreement, the City of Cupertino, a municipal corporation, its City Council, officers , officials, employees, agents, servants, and volunteers are named as additional insured with respects to General Liability per forms CG 20 10 04 13 and CG 20 37 04 13. Such insurance shall be primary and non-contributory with respects to General Liability per form CG 88 10 0413. Per project aggregate applies with respects to General Liability per form CG 88 70 12 08. Waiver of subrogation applies with respects to General Liability per form CG 88 10 0413, with respects to Auto Liability per form CA 88 10 0113, and with respects to Workers' Compensation per form WC 04 03 06. CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ucuJ.f~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ---- - ~ m - o 0 - 0 """""""' ==== -"""""""' POLICY NUMBER : 19 5TBT1772 COIVIM£RC!Ail:: GENERAL. LIABU:ffV CG 20 10 04 13 THIS ENDORSEMENT C HANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket ddi_t_ionaI nsure d agree d writ ten con tract , agreement , permit 1244 Birchwood Ave Sunnyvale, CA 94089 Location(s) Of Covered Operations Any locat i on(s) when You have agreed in a written contract, agreement or permit that person or organiz a tion be added as an additional insured Information required to complete this Schedule , if not shown above , will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused , in whole or in part , by : 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operatons for the additional insured(s) at the location(s) designated above . However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract o r agree- ment , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds , the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. All work, including materials , parts or equipment furnished in connection with such work , on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2 . That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 @ Insurance Services Office , Inc ., 2012 Page 1 of 2 0 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 ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc ., 2012 CG 20 10 04 13 ., N 0 POLICY NUMBER: BKW t9 57 87 17 72 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Additional Insured Person(s) Or Organization(s) Blanket Ad ditiona l Insurea ag eed written contract , agreement, permit 1244 Birchwood Ave Sunnyva le , CA 94089 Location And Description Of Completed Operations Work described in writing in the contract, agreement or permit. Location(s) at which You performed work described in written contract, agreement or permit. Information required to complete this Schedule, if not shown above , will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily in- jury" or "property damage" caused, in whole or in part , by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-com- pleted operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 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 ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 0 0 <P Policy Numb er : BAA 19 57 & U 7 COMMERCIAL AUTO ------------~cA s=s~1~0~0-1~1-3---- TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUS INESS Al\JTO COVERAGE ENHANCEMENT ENU ORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement , the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT , CLAIM , SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO , VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 1 O GLASS REPAIR -WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the follow ing as an insured : d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy . Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy . e. Any organization you newly acquire or form , other than a partnership or joint venture , of which you own more than 50 percent of the voting stock . This automatic coverage is afforded only for 180 days from the date of acquisition or formation . However, coverage under this provision does not apply : (1) If there is similar insurance or a self-insured retention plan available to that organization ; © 2013 Liberty Mutual Insurance CA88100113 Includes copyrighted ma terial of Insurance Services Office , Inc ., with its permission . Page 1 of 7 -----=== -= M- <D =---- 0 0 0 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own , hire or borrow, but only for acts within the scope of their employment by you . Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee 's" name, with your permission , while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE , paragraph A.1 . -WHO IS AN INSURED is amended to include the following as an insured : h. Any person or organization with respect to the operation , maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract , agreement , or permit issued to you by governmental or public authority, to add such person, or organization , or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation , maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract , agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE , Coverage Extensions, 2.a. Supplementary Payments , para - graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover . We do not have to furnish these bonds . (4) All reasonable expenses incurred by the insured at our request , including actual loss of earn- ings up to $500 a day because of time off from work. 5 . AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law , fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY , exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire . SECTION 111 -PHYSICAL DAMAGE COVERAGE is amended as follows : 6 . HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive , Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own , then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA88100113 In cludes copyrighted material of Insurance Services Office , Inc., w ith its permission . Page 2 of 7 0 N "' b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name , but only if the damage occurs while the vehicle is being used in the conduct of your business , subject to the following limit and deductible : A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality , minus a deductible . B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage . C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own . D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE , paragraph A .2. Towing, is amended by the addition of the following : We will pay towing and labor costs incurred , up to the limits shown below , each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled : a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less . c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds . However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A .4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission . Page 3 of 7 M w --------- ------------------ 9. RENTAL REIMBURSEMENT SECTION Ill -PH YSICAL DAMAGE COVERAGE , A . COVERAGE, is amended by adding the following : a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss ", to an "auto" for which we also pay a "loss" under Comprehensive , Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto ." b. Rental Reimbursement w ill be based on the rental of a comparable vehicle , which in many cases may be substantially less than $75 per day , and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality , up to a ma ximum of 30 days . c . We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail - able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type , we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension . f. No deductible applies to this coverage. For the purposes of this endorsement prov ision , materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1 ,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE , A. COVERAGE , is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto " you own and tha t "auto" is stolen , we will pay , without application of a deductible , up to $600 for "personal effects" stolen with the "auto ." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following : For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured ." "Personal effects" does not include tools , equipment, jewelry , money or securities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PH YSICAL DAMAGE COVERAGE , B. EXCLUSIONS is amended by adding the follow- ing : If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag . Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty . 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE , B. EX CLUSIONS , exception paragraph a. to exclu - sions 4.c. and 4.d. is deleted and replaced with the following : © 2013 Liberty Mutual Insurance CA88100113 Includ es cop yrighted material of Insuran ce Services Office , In c., with its permission . Page 4 of 7 0 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio , visual or data signals, whether or not designed solely for the reproduction of sound , if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto 's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio , visual or data electronic equipment or accessories used with this equipment , then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible . 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following : The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the : 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage , excessive use or ab- normal wear and tear , c. Costs for extended warranties, Credit Life Insurance, Health , Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes , j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas . 8 . ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral , or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following : As used in this endorsement provision , the following definitions apply : "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan , thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission . Page 5 of 7 0 ~ N 0 -= -= 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following : No deductible applies to glass damage if the glass is repaired rather than replaced . 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following : The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs . or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations . This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible : a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business .Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group . SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following : If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form , the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A .2.a. is replaced in its entirety by the following: a. In the event of "accident", claim , "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual ; 2. A partner, if you are a partnership ; 3. Member, if you are a limited liability company ; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation . © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission . Page 6 of 7 0 To the extent possible , notice to us should include: (1) How , when and where the "accident" or "loss" took place ; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses . 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS , paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph 8.7., Policy Period , Coverage Territory , is amended by the addition of the following : f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States , the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to . This extension of coverage does not apply to an "auto" hired , leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury , shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows : If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation . This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . Page 7 of 7 0 ~ N POLICY NUMBER : B~W (19) 57371772 CUlvlMERCIAT73EflERATDA-SlDTY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONS T RUCTIO N PROJECT($) -GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following : A. COMMERCIAL GENERAL LIABILITY COVERAGE PART For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A -Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I -Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you : 1. 2. A separate Construction Project General Aggregate Limit applies to each construction project , and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage 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 Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations , such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A -Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I -Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed , or abandoned and then restarted , or if the authorized contracting parties deviate from plans , blueprints , designs , specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply . CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission . Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injw-y covered by this policy. We will not enforce ow-right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS W AIYER JOB DESCRIPTION B!LANKE'[ 'At\L!ER OF SlJRROGATlON 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: 04/01/2018 Insured:..P'acifi-e '.alter t\rt, Inc . Insurance Company: Everest National Insurance Company Endorsement No. 001 Premium $ INCL. Countersigned By: __________________________ _ -1998 by the Workers' Compe nsation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. 4 PACIWAT-01 ESOUSA ACORD ' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/27/2019 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 ~2~1~cT Erika Roys Micheletti Insurance Services Ffi8,NJo, Ext): (408) 292-4900 I FA X 111 N . Market Street, Suite 705 (A /C, No):(408) 297-4949 San Jose, CA 95113 irnf-~~ss · erikar@michelettinsurance.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A : West American Insurance Comoanv 44393 INSURED INSURER B : American Fire & Casualtv Comoanv 24066 Pacific Water Art Inc. INSURER c : Everest National Insurance Comoanv 10120 155 San Lazaro Ave INSURER D : Sunnyvale, CA 94086 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER · REVISION NUMBER· THI S IS TO CERTI FY TH AT THE POLI C IES OF INSURANCE LI STED BELOW HAVE BE EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI CATED . NOTWITH STANDIN G A NY REQUIREMENT , TERM OR CO NDITI ON OF A NY CO NTRACT OR OT HER DOCU MENT W ITH RESPECT TO WHICH THIS CERTIFI C ATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY TH E POLI CIES DESCRIBED HEREI N IS SUBJECT TO ALL THE TERMS, EXCLU SIONS AND CONDITIO NS OF SUCH POLI CIES . LIMITS SHOWN MAY HAVE BEEN REDU CED BY PAID CLAI MS. INif TYPE OF INSURANCE ADDL ~i POLIC Y NUMBER POLIC Y EFF POLIC Y EXP LIMITS INSD y A X COM MERCIAL GENERAL LIABILITY EAC H OCCURRENC E $ 1,000,000 -□ CLA IMS -MADE [K] OCCUR DAMAG E TO RENTED 1,000,000 X X BKW (19) 57 87 17 72 4/1/2018 4/1/2019 PREMISES /Ea occurrence\ $ MED EXP (An v one oerson\ $ 10,000 - PE RSO NAL & ADV INJU RY $ 1,000,000 - GEN 'L AGGREGAT E LIMIT APPLI ES PER: GENE RA L AGGR EGATE $ 2,000,000 ~ POLICY [K] ~f8i □ LO G PRO DU CTS -COMP/OP AGG $ 2,000,000 OT HER: $ B AUTO MOBILE LIA BIL ITY COM BIN ED SIN GLE LI MIT 1,000,000 /Ea accide ntl $ f-- X ANY AUTO X BAA (19) 57 87 17 72 4/1/2018 4/1/2019 BO DILY INJURY (Per oerso nl $ -OWN ED -SC HEDULE D AUTOS ONLY AUTO S BODILY INJU RY (Per accide nt \ $ -- X HIRE D X ~8fa~1>'~'r.~ f feO PE RTY 1~AMAGE $ AUTOS ONLY er accident - $ B UMBRELLA LIAB ~ OCCUR EACH OCC URR EN CE $ 7,000,000 X EXCESS LIAB CLA IMS-M ADE ESA (19) 57871772 4/1/2018 4/1/2019 AGGR EGATE $ 7,000,000 DED I X I RETEN TI ON$ 0 $ C WORKERS COMPENSATION X I ~ff Tl IT E I I OTH- AND EMP LOYERS' LIABILITY ER Y/N X 7600017448181 4/1/2018 4/1/2019 1,000,000 AN Y PROPRIETOR/PARTNER/EXECUT IVE [EJ E.L. EACH ACC IDE NT $ OFF IC ER/MEMB ER EXC LUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEAS E -EA EM PLOY EE $ If yes , de scribe unde r DESCR IPTI ON OF OPERATI ONS bel ow E.L. DISEAS E -POLI CY LI MIT $ 1,000,000 DESCRIPTIO N OF OPERATIONS/ LOCA TI ONS / VEH ICLES (ACORD 101 , Add itional Remarks Schedul e, may be attac hed If more spa ce Is requir ed) RE : Civic Cent er fountain repairs As required per w ritten contract/agr eement, the City of Cupertino, a municipal corporat ion, it s City Council, officers, offici als, employees, agents , servants, and volunteers are named as additi onal insured with respects to General Liability per forms CG 20 10 0413 and CG 20 37 0413. Such insurance shall be primary and non-contributory with respects to General Liability per form CG 88 10 04 13 . Per project aggregate applies wit h respects to General Liability per form CG 88 70 12 08 . Waive r of subrogation applies with respects to General Liability per form CG 8810 04 13, with respects to Auto Liability per form CA 88 1 O 01 13 , and wit h respects to Wor kers' Compensation per form WC 04 03 06 . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AU THORI ZED REPRESENT AT IVE I Udf~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved . The ACORD name and logo are registered marks of ACORD 0 POLICY NUMBER: BKW (19) 57 87 17 72 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Bl a nke t Ad d itio n a l Ins ured agreed wr itten c ont r act, agre em e nt, p e rmi t 1 24 4 Birchw ood Ave Sunnyva le, CA 9 40 89 Location(s) Of Covered Operations An y l oca ti o n (s ) wh e n Yo u h ave a greed in a written cont ract, a gre e me nt o r pe r mit t h at p erson or o rganizati o n b e adde d a s an a dditi o n a l insured Information required to complete this Schedule, if not shown above , will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injufY" caused , in whole or in part, by: 1. Your acts or omissions ; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operatons for the additional insured(s) at the location(s) designated above . However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1. All work , including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in perform ing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office , Inc ., 2012 Page 1 of 2 0 Poli cy Number : BKW (19) 57 87 17 72 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 ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 0 POLICY NUMBER: BKW (19) 57 87 17 72 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the follow ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Blanket Addi ti ona l I n sured agreed written cont ract, agreemen t, permit 1244 Birchwood Ave Sunnyva l e , CA 94089 Location And Description Of Completed Operations Work desc ri bed in wr iting i n t h e cont rac t, agreeme nt or pe rmi t. Locat i on(s) at which You performed work described i n wr itten contract , agreement or permit . Information required to complete this Schedule, if not shown above, will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodi ly in- jury" or "property damage" caused, in whole or in part, by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-com- pleted operat ions hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law ; and 2. If coverage provided to t he additional in - sured is required by a cont ract or agree- ment, the insurance afforded to such additional insured will not be broader than that wh ich you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds , the following is added to Section 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 appl icable Limits of Insurance shown in the Declarations ; wh icheve r is less. Th is endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations . CG 20 37 04 13 © Insu rance Services Office, Inc., 2012 Page 1 of 1 0 ~ N 0 Po licy N umber: BKW (19) 57 87 17 72 - 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs . c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural , engineering or survey ing services, including : (1) The preparing, approving, or failing to prepare or approve, maps , shop drawings, opinions, reports, surveys, field orders , change orders or drawings and specifications ; or (2) Supervisory, inspection, architectural or engineering activities . This exclusion applies even if the claims aga inst any insured allege negligence or other wrongdoing in the supervision, hiring, employment , training or monitoring of others by that insured , if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render , any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: e. (1) All work , includ ing materials, parts or equipment furnished in connection with such work , on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organizat ion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If cove rage 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 : a. Required by the contract or agreement; or b. 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 Declaratio ns . H. PRIMARY AND NON -CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend - ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG88100413 Includes copyrighted material of Insurance Servi ces Office , Inc ., with its permission . Page 5 of 8 V "' 0 <D m b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement , other than a premises lease , facilities rental contract or agreement , an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision betwe en you and an additional insured does not require this insurance to be primary or primary and non-contributory , this insurance is e xcess over any other insurance for which the addi- tional insured is designated as a Named Insured . Regardless of the written agreement between you and an additional insured, this insuran ce is excess over any other insurance whether primary , excess , contingent or on any other basis for which the additional insured has been added as an additional insured on other poli ci es. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organi zation who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insu rance to us ; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insuran ce available to the additional insured ; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy , whichever are less . These limits are inclusive of and not in addition to the limits of insurance available under this policy . J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily inju ry" or "personal and advertising injury": (a) To you , to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or perform ing duties related to the conduct of your business , or to your other "volunteer workers" while performing duties related to the conduct of your business ; (b) To the spouse , child , parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above ; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above ; or (d) Arising out of his or her providing or failing to provide professional health care services . However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others , or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, th is provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee 's" job responsibilities assigned by you , includes the direct supervision of other "employ- ees" of yours . However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Lib erty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Offi ce , In c., with its permission . Page 6 of 8 0 ~ N 0 m m -= -= === - POLICY NUMBER : BKW (19) 57 87 17 72 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) -GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A -Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I -Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage 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 Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence , Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A -Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I -Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for med ical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit , whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project ,has been abandoned , delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply . CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 0 Policy Number: BKW (19) 57 87 17 72 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following : a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured . This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided : 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insuran ce Services Offi ce, Inc ., with its permission . Page 8 of 8 0 Policy Number: BAA 19 57 87 17 72 To the extent possible, notice to us should include : (1) How , when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses . 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us , is amended by the addition of the following : If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21 . HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7., Policy Period , Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less , the coverage territory is anywhere in the world, provided that the insured 's responsibility to pay for damages is determined in a "suit", on the merits, in the United States , the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to . This extension of coverage does not apply to an "auto" hired , leased , rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS , definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time . COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS , paragraph A . -CANCELLATION condition applies except as fol- lows : If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation . This provision does not apply in those states wh ich require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 W AIYER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfonn work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS W AIYER JOB DESCRIPTION BLANKET W AIYER OF SUBROGATION 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: 04/01/2018 Insured: Pacific Water Art, Inc. Policy No. 7600017448181 Insurance Company: Everest National Insurance Company Endorsement No . 001 Premium $ INCL. Countersigned By: __________________________ _ -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. ,4