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13-125 Chrisp Company, For Removal, Replacement and Repair of Metal Beam Guard Rail at Various Locations in the City
OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO August 14, 2013 David Morris Chrisp Company 43650 Osgood Road Fremont, CA 94539 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, "A,a� V,��, e Dorothy Steen ott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CHRISP COMPANY FOR THE REMOVAL,REPLACEMENT AND REPAIR OF METAL BEAM GUARD R.41L AT VARIOUS LOCATIONS WITHIN THE CITY OF CUPERTINO AS QUOTED IN PROPOSAL# 151 HEREBY REFERRED TO AS EXHIBIT"A" IN CUPERTINO, CA. L �?J / THIS AGREEMENT, for reference dated 7/2312013 is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and Chrisp Company a California corporation whose address is 43650 Osgood Road.Fremont. California 94539 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 Cede. B. City and Contractor desire to enter into an agreement for the removal, replacement and repair of metal beam guard rail as referenced in Proposal # 20151(Exhibit A)at the locations indicated in Exhibit"B". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: I. TERM: The Contractor shall begin work within thirty (30) calendar days after receiving notice from the Street Dept. 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 7/11/2013 hereby referred to and expressly made a part hereof with the same farce 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 Exhibit "A" 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 1 from the general fund. 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 employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REYORM AND CONTROL ACT (IRCA): 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 employerlemployee conduct. Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractors 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 2 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 o£ 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 fully 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, shalt 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: Chris Mertens." 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: $1,000,000 each occurrence $2,000,000 aggregate-all other Property Damage: $500,000 each occurrence $1,000,000 aggregate 3 If submitted, combined single limit policy with aggregate limits in the 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 tine during the term 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 casts 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 coverage's. 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 thereol'. 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. BONUS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TRANSFERS: 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 4 consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sub lessee, 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 financial 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 of the interest of any 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 Continctor'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 of the proposed subcontractor. Stich 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 terns 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. 5 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 wrvices. 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 designee's 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 of three(3)years after receipt of final 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 revenue Cupertino CA 95014 Attention: Chris Mertens All notices,demands,requests,or approvals from City to Contractor shall be addressed to Contractor at. 43650 Osgood Road Fremont, CA 94539 Attn: David Morris 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used l`or 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 pollution of storm drains. Such control includes but is not limited to: 6 A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Bieck 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 prier 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 tines. 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 aline on the contractor, pursuant to Cal. Water Code ' 13:85, 19. TERMINATION: 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. I1'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 regulations enacted or issued by City. 7 I]. 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 of those authorities.)Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. 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 wTitten approval has been secured from City to do otherwise. 2'). 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 «Titten execution signed by both City and Contractor. 2-S. 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 iiom his or her operations. Any hazardous condition noted by Contractor, which is not a result ol`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 8:00 a.m. to 4:30 p.m. unless prior written approval has been secured from City to do otherwise. 8 27. REQUIRF.NJENT TO P:1Y PRE,V AILING 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 %kill 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. 9 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 of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above wTitten. V -) A o P. O.: C CONTRACTOR CITY OF CUPERTINO S-Itif-F4igiw=dng A Municipal Corporation Bv By Title U , Title ss� 7a,v✓ << a — � �« �o Date 2 3 Date RECOMMENDED FOR APPROVAL: By _ Title APPROVED AS TO FORM: B y 741 City Attorney ATTEST: City Clerk f Contract Amount. ; `S Account No.: 27 id-j6 y x- Od 10 ehtb p 'p Exhibit "A" Fremont Office Contractors License No 374600 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence,Wire,wood Phone (510)656-2840 fax (510)656-2397 C-32 Highway Improvement Quotation Union Contractor?No minority Status TO Current Date 7111 r2013 CUPERTINO,CITY OF BedDale 7111/2013 10304 TORRE AVENUE JobName: MBGR REPAIR CUPERTINO CA 95014-0255 location CUPERTINO Bd# 20151 0 Phone(408)777-3354 Fax ( ) Contract# Job# Working Days Contact. CHRIS MERTENS Liquidated Damages email chrismrQ>cupertino.arg ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL HOMESTEAD @ LUCKY OAK t R1 naOVF AND RFPi ACF MFTAI [IF-AM GUARDRAIL t 5828.000 $5,82800 Subtotal 55,828.00 VARIOUS LOCATIONS _ 2 REMOVE AND REPLACE DAMAGED SECTIONS 1 LS 4122.000 $4.12200 AND MISSING PARTS Subtotal S4,122,00 TOTAL 59.950.00 Notes Various Streets 14 oree Ave I-Lucille Ave&Larry Way 1-University Way&Santa Clara Ave t-Stevens Canyon Rd Written Authorization is Required Prior to Proceeding With Work ACCEPTED BY: P.O. Number TITLE: Job Number Bond Rate Addendum 1.5% This quote includes all stipulations found on page 2 QUOTE PREPARED BY Danny Azcueta (654) 224-1115 dazcuota@clirispco.com CHRISP COMPANY Page 1 of` Fremont Office Exhibit "A" 43650 Osgood Rd Contractors License No. 37460o Fremont CA 94539 A General Engineering Phone (510)656-2840 Fax (510)656-2397 C-13 Fence, Wire,wood Quotation C-32 I iighway Improvement Union Contractor!No minority Status COMMENTS, EXCLUSIONS, AND STIPULATIONS The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co. dated July 11, 2013 for the following project NO RETENTION TO BE TAKEN NIPPGR REPAIR Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date EXCLUDE: Installation or removal of temporary delineation Clean, clear and unobstructed access required for Chrisp Co.work • Final PAY QTYS presented by owner MUST be agreed by Chrisp Co. Changeable Message board if required to be provided by General Contractor for Chrisp Co. Use at no Charge to Chrisp Co. EXCLUDE: Traffic Control Plan EXCLUDE: Red-Lined As-Built Drawings Traffic Control INCLUDED for Chrisp Company work ONLY After receiving contract 10 working days written notice required prior to scheduling of work • This quotation excludes Primary Liability Insurance greater than $2,000.000. • This quotation excludes all work associated with the project SWPP and WPCP. • This quotation Excludes furnishing or placing ALL detour signage for our operations. • EXCLUDE: Encroachment Permit(if required to be provided at No Cost to Chrisp Company) • EXCLUDE: ALL Safety Training, Badging and Orientation(To be paid at time and material Cal-Trans rates} • Access/and or Accessibility by 1 Ton Vehicle required for Chrisp Company work • EXCLUDE: Advanced posting of"No Parking"signs • ALL Bid items shall NOT be adjusted or removed without written 1 or verbal permission. 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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 LIC #0726293 1-925-299-1112 CONTACT NAME: Certificates Team Arthur J. Gallagher & Co. PHONE Fax Insurance Brokers of California, Inc. No.Ex : 925-299-1112 A/C No: 925-953-6270 3697 Mt. Diablo Boulevard, Suite 300 E-MAIL ADDRESS: sfba area_certs®a ADDRESS: Y j Lafayette, CA 94549 INSURERS AFFORDING COVERAGE NAIC# Client Code: CHRIS-8 INSURER A: OLD REPUBLIC GEN INS CORP 24139 INSURED INSURER B: NATIONAL UNION FIRE INS CO OF PITTS 19445 Chrisp Company INSURER C: 43650 Osgood Road INSURER D: Fremont, CA 94539 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 34868545 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/Yl'YY MMIDD/YYYY • GENERAL LIABILITY X X AlCG99131202 12/01/1 12/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE T RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 CLAIMS-MADE FiI OCCUR MED EXP(Any one person) $ 5,000 X BI/PD: $10,000 DED/OCC PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY T PRO- LOC $ • AUTOMOBILE LIABILITY X X Al CA99131202 1270_171 12/01/13 COMBINED SINGLE LIMIT 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS Hx AU TOS Per accident X COMP/COLE DED:$1,000* $ • X UMBRELLA LIAB X OCCUR BE11665491 12/01/1 12/01/13 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$10,000 $ TH- A WORKERS COMPENSATION AlCW99131202 12/01/1 WC 12/01/13 X STATT- OR AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 (SEE ATTACHED SUPPL. PAGE] DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Chrisp Job #: 1C.3697 / RE: MBGR Repair, Cupertino CA. ADDITIONAL INSURED(S) : City Of Cupertino, its City Council. boards and commissions, officers, employees, and volunteers CERTIFICATE HOLDER CANCELLATION Chrisp Job #: 1C.3697 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. 10555 Mary Ave AUTHORIZED REPRESENTATIVE l Cupertino, CA 95014 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 2E (2010/05) The ACORD name and logo are registered marks of ACORD djlafayette 34868545 POLICY NUMBER: AlCG99131202 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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): Locations Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT WHERE REQUIRED BY WRITTEN CONTRACT 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 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 to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional 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 project. CG 20 10 07 04 © ISO Properties, Inc., 2004 POLICY NUMBER: AICG99I3I202 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organ izati o n(s): Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHERE REQUIRED BY WRITTEN CONTRACT WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or "property damage" caused, in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s)of Covered Operations Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV—Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured CHRISP COMPANY Policy Number Al CG99131202 Endorsement No. Policy Period 12/01/12 to 12/01/13 Endorsement Effective Date: 12/01/12 Producer's Name: ARTHUR J. GALLAGHER & CO. INSURANCE BROKERS OF CA, INC. Producer Number: LICENSE#0726293 CG EN GN 0029 09 06 POLICY NUMBER: AlCG99I3I202 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. the following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACTOR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section 11 —Liability Coverage, A.—Coverage, 1.Who Is An Insured: U� Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned byor rented toyou. However,the insurance provided will not exceed the lessor of: 1� The coverage or limits of this policy, or 2. The coverage or limits required by said contract nragreement. Named Insured CHRISP COMPANY Policy Number Al CA99131202 Endorsement No. Policy Period 12/01/12 to 12/01/13 Endorsement Effective Date: 12/01/12 Producer's Name: ARTHUR J. GALLAGHER &CO. INSURANCE BROKERS OF CA, INC. Producer Number: LICENSE#0726293 CAENGN0O2O0307 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER C3FTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section IV—Business Auto Conditions, A. —Loss Conditions, 5.—Transfer of Rights of Recovery Against Others toUs: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out ofan^mcddent" or^|osa^ if: (1) The ^anddont"nr"|ome^ io due 10 operations undertaken in accordance with m Written contract existing between you and such person ororganiamt|on� and (2) The contract or agreement was entered into prior to any"accident" or"loss." No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Named Insured CHRISP COMPANY Policy Number Al CA99131202 Endorsement No. Policy Period 12/01/12 to 12/01/1'3 Endorsement Effective Date: 12/01/12 Producer's Name: ARTHUR J. GALLAGHER&CO. INSURANCE BROKERS OF CA. INC. Producer Number LICENSE#0726293 CAENGNOO21 09 OG DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 07/23/2013 NAME OF INSURED: Chrisp Company Additional Description of Operations/Remarks from Page 1 Additional Information: GENERAL LIABILITY: • Additional Insured if required by written contract per attached Form CG2010 0704 • Additional Insured if required by written contract per attached Form CG2037 0704 • Coverage is Primary/Non-Contributory if required by written contract per attached CGENGN0029 0906 • Waiver of Subrogation if required by written contract per attached Form CG2404 0509 AUTOMOBILE LIABILITY: • Additional Insured if required by written contract per attached Form CAENGN0020 0307 • Waiver of Subrogation if required by written contract per attached Form CAENGGN0021 0906 WORKERS' COMPENSATION: * Covered States: California, Nevada, Oregon UMBRELLA LIABILITY: * Underlying: General Liability, Automobile Liability and Employers' Liability SUPP(05/04)