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12-102 Harry L. Murphy Agreement for various flooring projects during FY 2012-2013AGREEMENT BETWEEN THE CITY OF' CUPERTINO AND HARYY L. MURPHY FOR VARIOUS FLOORING PROJECTS DURING FISICAL YEAR 2012/2013 THIS AGREEMENT, for reference dated September 6th, 2012, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and Harry L. Murphy ", a California corporation whose address is hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the 'State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for Various Carnet and Flooring Projects during fiscal year 12/13, in accordance with the proposal dated (See Addendums.) NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within thirty (30) calendar days after receiving notice from the Facilities Supervisor to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated (See Addendums) hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as ( Addendums) and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the general fund. 1 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an em loyer- employee relationship from any fees due Contractor. Payments ofthe above items, if regtdred, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCU Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be sully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: 1) Workers' Compensation:: Statutory coverage as required by the State of California. 2) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: $I,C,00,000 each occurrence 2,000,000 aggregate - all other Property Damage: $500,000 each occurrence 1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the 3 amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. 3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein., a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the teem hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker' s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this, policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TIL.NSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any 4: assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other fmancial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or ofthe interest of ,my general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name ofthe proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement,. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period ofthree (3) years after receipt offinal payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Chris Orr All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Harry L. Murphy 18. URBAN RUNOFF MANAGEMIENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent E pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season October 15), in site de- watering activities and saw - cutting activities; shovel or vacuum saw -cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County -Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up- graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385. 19. TERAHNATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and 7 regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors ofthose authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 12. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City. 26. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 7:00 a.m. to 3:30 p.m. unless prior written approval has been secured from City to do otherwise. 8 27. REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require; payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. Q 29. CAPTIONS• The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions ofthis Agreement. IN WITNESS WHEREOF, the parties hive caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Harry L. Murphy, Inc. A Municidl Corporation By- By. . Title Prejlrdpdt Title C' Mnr'VqqkA Date 9/ /12 Date y Z Soc. Sec. # or Tax I.D. - RECOMMEND R R AL: By Titli APPROVED AS TO FORM: By_ City Attorney ATTEST: City Clerk 10 HARRY L. MURPHYINC. F L O O R C O V E R 1 N G S 114 -- 13 oo -2011-1 FAX BID TO: CITY OF CUPERTINO 11001= N P L)r1 ATTN: ROGER WINSLOW PH: (408) 205 -8036 FX: (408) 777 -3399 tt _ rr DATE: 7/27/12 Harry L. Murphy, Inc. is happy to provide you with this competitive quotation. Harry L. Murphy, Inc. is a floor covering contractor specializing in institutional and industrial sheet vinyl, resilient tile, and carpeting since 1947. Here is the pertinent data for your project: JOB NAME /LOCATION: City of Cupertino City Hall City Manager's Office 10300 Torre Ave, Cupertino, CA SCOPE OF WORK: Broadloom Carpet Installation SECTION(S): 09680, Broadloom Carpet TOTAL PRICE: Three thousand, three hundred and forty -six dollars: ($3,346.00). AS PER DISCUSSION AND PRODUCT SPECIFICATIONS, INSTALLED INCLUDING TAXES LICENSE #C -15 145985 * UNION SHOP * BONDABLE * PRICE GOOD FOR 60 DAYS INCLUSIONS: Install Regular Hours Monday thru Friday; Normal Prep Work only. Removal and disposal of existing carpet. EXCLUSIONS: Excessive Preparation Work (i.e. floating, leveling or grinding of existing subfloor); Sunday or Holiday premium rate. COMMENTS: Price is based on furnishing and installing Collins & Aikman "Expedition ", 05187 -61505 Sea Mist, 6' Broadloom Carpet, with Burke #527 -P Clay 4" Rubber Cove Base, in one (1) office ( - -13'6 "x 23'6 "). ALTERNATES: If work is performed on Saturday (Time & Half Rate), add to above price: 528.00 6- /,,, s, 4 /4-d4 A C4 1 /Cp // Z A THANK YOU FOR CONSIDERING OUR QUOTATION, ESTIMATOR: M. Randy Wadley 42 Bonaventura Drive San Jos / CA 95134 ok -e C/ 12 (J l f ,, It J'J0£/I/ /)UM-B FLOOR COVERINGS FAX BID TO: ATTN: PH: FX: CITY OF CUPERTINO ROGER WINSLOW ( 408) 205-8036 ( 408) 777-3399 DATE: 8/22/12 Harry L. Murphy, Inc. is happy to provide you with this competitive quotation. Harry L. Murphy, Inc. is a floor covering contractor specializing in institutional and industrial sheet vinyl, resilient tile, and carpeting since 1947. Here is the pertinent data for your project: JOB NAME/LOCATION: City of Cupertino Quinlan Community Center Cupertino Room Dance Floor Luxury Vinyl Stripwood 10185 N. Stelling Rd, Cupertino, CA SCOPE 0}"' WORK: Luxury Vinyl Flooring Installation SECTION(S): 09650, Luxury Vinyl Flooring TOTAL PRICE: Ten thousand, seven hundred and ninety-two dollars: ($10,792.00). AS PER DISCUSSION AND PRODUCT SPECIFICATIONS, INSTALLED INCLUDING TAXES LICENSE #C-15 145985 * UNION SHOP * BONDABLE * PRICE GOOD FOR 60 DAYS INCLUSIONS: EXCLUSIONS: COMMENTS: Install Regular Hours Monday thru Friday; Normal Prep Work only. Removal and disposal of existing flooring. Excessive Preparation Work (i.e. floating, leveling or grinding of existing subfloor), any existing moisture conditions; Weekend or Holiday premium rate. Price is based on furnishing and installing Centiva "Starnet High Performance", #SNP-104 Luxury Vinyl Stripwood ( ~ 800 sq. ft.), color to be confirmed, with vinyl transition at perimeter edges, as per walk-thru. THANK YOU FOR CONSIDERING OUR QUOTATION, ESTIMATOR: M. Randy Wadley 42 Bonaventura Drive Phone: (408) 955-1100 San Jose RWFAXBID CA95134 Fax: (408) 955-1111 A ° CERTIFICATE OF LIABILITY INSURANCE I page 1 of 2 01/(29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY' AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND., EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER:. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Insurance Services of California, Inc. c/o 26 Century Blvd. P . 0. Box 305191 Nashville, TN 37230 -5191 CONTACT NAME: PHONE A/C NO EXT: 877- 945 -7378 FAX N0: 888- 467 -2378 E -MAIL ADDRESS: certificatesQwillis.com INSURER(S)AFFORDING COVERAGE NAIC 4 2/1/2014 INSURERA: Golden Eagle Insurance Corporation 10836 -001 1.000,000 INSURED Harry L. Murphy, Inc. INSURERB: Insurance Company of the West 27847 -001 INSURER C: PO Box 641597 San Jose, CA 95164 INSURER D: INSURER E: 10,000 PERSONAL& ADV INJURY INSURER F: X PD Ded: $5,000. aw.rnwiern r _r- r o—u -a it Nr rnnr- w- i nom c-a THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS. I TYPEOFINSURANCE SR WVD POLICYNUMBER EFF MWDD YYY POLICY EXP M DD YY LIMITS GENERAL LIABILITY Y Y CBP8821182 2/1/2014 2/1/2015 EACH OCCURRENCE 1.000,000 DAMAGETO RENTED PREMISES Eaoccurence 500 000XCOMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR MEDEXP (Anyone person) . 10,000 PERSONAL& ADV INJURY 1,000,000XPDDed: $5,000. GENERAL AGGREGATE 2 000 000rEN'LAGGREGATELIMITAPPLIESPER: POLICY 7 PRO - ECT F7 LOC PRODUCTS- COMP /OPAGG 2 000 00 0 Is AUTOMOBILE LIABILITY Y BA8821282 2/1/2014 2./1/2015 COMBINED SINGLE LIMIT Eaaccident) 1,000,000 X BODILY INJURY(Perperson) ANY'AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILYINJURY(Peraccident) HIRED AUTOS X NON -OWNEDAUTOSX PROPERTY DAMAGE Per accident UMBRELLA LIAB X OCCUR CU8821382 _ 2/1/2014 2/1/2015 EACHOCCURRENCE 51000,000 X AGGREGATE 51000,000EXCESS.LIAB CLAIMS -MADE DED I X RETENTION $- 0 _ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY, PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER,EXCLUDED? N/A WSD500118905 2/1/2014 2/1/2015 X WRY LA ITS. T ER E. L. EACH ACCIDENT 1,000,000 E. L. DISEASE- EAEMPLOYEE 1,000,000MandatoryinNH) fyes,describe under E.L. DISEASE - POLICY LIMIT 1,000,000DESCRIPTIONOFOPERATIONSbelow DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) Re: All Flooring projects for fiscal year 2012/2.013 Cupertino, CA 95014. Furnishing and installing floor coverings. City of Cupertino and its officers, directors and employees are named as Additional Insureds with respects to General Liability, but only if required by a written contract with the Named Insured prior to an occurrence, and always subject to the terms and conditions of the policy per forms attached. r rrn.h r GANGtLLA I JUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Coll:4324934 Tpl:1769594 Cert:,2'10901.63 01988-2010 ACORD CORPORATION Allrinhtcrocorvarl ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD V AGENCY CUSTOMER ID: HRH34946 LOC #: A ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Insurance Services of California, Inc. Harry L. Murphy, Inc. PO Box 641597 San Jose, CA 951.64POLICYNUMBER See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page r.vv w e a. nunr n nJ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIAB}:LITY INSURANCE It is further agreed that such insurance as is afforded shall be Primary to.any other andNon - Contributory with any other insurance in force_ for or which may be purchased by the AdditionalInsuredsasevidencedbyformattached. Waiver of Subrogration applies if required by written contract and as permitted by law, as respectstoGeneralLiabilityandAutoLiabilityasevidencedbyformattached. ACORD 101 (2008/01) Coll:43249.34 Tpl:1769594 Cert:21090163 © 2008ACORD CORPORATION- All rinhtcracervarl The ACORD name and logo are registered marks of ACORD f Policy Number: CBP8821182 Coverage is Provided In' GOLDEN EAGLE INSURANCE CORPORATION Named Insured:- I Agent: HARRY L MURPHY INC WILLIS INS SVCS OF CA INC Agent Cade. 4295207 Agent Phone: (949) -£385 -1200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name'Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s) ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL. INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART. SCHEDULED LOCATION OF COVERED OPERATIONS: ANY LOCATION AT WHICH YOU PERFORM WORK DESCRIBED IN WRITING IN THE CONTRACT,,AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED UNDER THE TERMS OF THIS ENDORSEMENT. Information required to cornplete this Schedule, if riot shown above, will be shown in the Declarations. A. Section, It - Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded' o these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodilyinjury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished In connection with such work, on the project other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a. principal as a part of the same prglecL P ISO Prn{eriie5, Inc.. 2004 CG 20 10 07 04 Page i of 1 nnn.f - *.1 ,IC7 11M ICYIlVO'MilH x+n tnpn r i ncn r.rs.n..e nnn n 0- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE .CON.DITION Policy # CBP8821182 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a_ Primary Insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional insured's own insurance" provided that: 1) You and the additional insured have agreed in a written contract that this insurance is primary and non - contributory; and 2) `The "b.odily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following tis added to SECTION V —DEFINITIONS: Additional insured's own insurance" means other insurance for which the additional insured is designated as a Named Insured.. 22 -111 (01107) includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED COPY Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT POLICY NUMBER: CBP8821182 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2:g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2:g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SECTION I - COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or `property damage "; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured ai: our request to assist us in the investigation or defense of the claim or "suit' including actual loss of earnings up -to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices Inc., with its permission GECG 602 (01/11) Page 1 of.4 SECTION II - WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50 % of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the Ia'NS of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied byyouwiththepermissionoftheowner. Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage'] ncident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000; or b. The amount shown in the Declarations. SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence ", offense, claim, or "suit ". Knowledge of an occurrence ", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damacle arising out of the "occurrence", offense, claim or suit ". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 602 (01/11) Page 2 of 4 Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bringsuitortransferthoserightstousandhelpusenforcethem. b. If required by a written "insured contract ", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "yourwork" done under that written "insured contract` for that person or organization and included in the "products - completed operations hazard ". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice ofcancellationtothefirstNamedInsuredatleast60dayspriortotheeffectivedateofcancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for darnage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a writtenagreementwiththeownerisnotan "insured contract ". 23 and 24 are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by astreet, roadway, waterway or right -of -way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and thecashvalueofthedamagedproducts. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organi ;ration have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 602 (01/11) Page 3 of 4 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury'; b. To "bodily injury" or ``property damage" occurring after: 1) All work, including materials, parts or equipment furnished in connection with such work, in the project other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or 2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performingoperationsforaprincipalasapartofthesameproject; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: 1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED -VENDORS Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or-agreement.- This exclusion does not-apply to -liability for damages-that- the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 602 (01/11) Page 4 of 4