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14-147 Precision Concerete Cutting for 2014 Sidewalk Repair OFFICE OF THE CITY CLERK CITY HALL .Mj 10300 TORRE AVENUE v CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223•FAX: (408)777-3366 WEBSITE:www.cul)ertino.org CUPERTINO September 3, 2014 Precision Concrete Cutting P.O. Box 8013 Foster City, CA 94404 Re: Agreement for contract services. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PRECISION CONCRETE CUTTING FOR 2014 SIDEWALK REPAIR THIS AGREEMENT, for reference dated Au ust'7 2014, is b and between g Y CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and PRECISION CONCRETE CUTTING, a California corporation, whose address is P.O. Box 8013, Foster City, CA 94404 hereinafter called the Contractor, and is made with reference to the following: REC17EALS: 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 unicipal Code. B. City and Contractor desire -to enter into an agreement for Concrete Cutting for 2014 Sidewalk Repair with the Scope of Services per Exhibit "A", in accordance with the proposal dated August 13, 2014. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. 'PERM: Th6 Contractor shall begin work within ten (10) working days after receiving notice from the Engineer to commence the- work, and shall diligently prosecute the work to completion before June 30, 2015. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipmenit, materials, except as otherwise specified, and to do all work strictly in accordance proposal (Exhibit "A") dated August 13, 2014 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: Page 1.of 12 Contractor Agreement 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 lin 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 Concrete Maintenance fund. 4. TIME IS OF THE ESSENCE: C Intractor and City agree that time i:; 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 an 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 iits 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-ernployee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM All1D 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 Page 2 of 12 Contractor Agreement Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unaccept h ble employer/employee conduct,, Contractor agrees that harassment or discrimi cation directed toward a fob 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 obligatedl under this Agreement to indemnify City to the extent that the damage is caused by the sole or active 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 ors 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 1.ype, amount, class of operations covered, effective dates and dates of expiration oi: insurance coverage in compliance with Page 3 of 12 Contractor Agreement 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." Contractor shall also provide a certification before commencement of work under this Agreement, which states, ""I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 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) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 agg=regate -all other Property Damage: $500,000 each occurrence $1,000,000 aggregate 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 Page 4 of 12 Contractor Agreement 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 tE!rm 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 TRANSFERS: Page 5 of 12 Contractor Agreement 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 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 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 oi= 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 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 of the 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. Page 6 of 12 Contractor Agreement 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 therefrom 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. Page 7 of 12 Contractor Agreement All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention:Jo Anne Johnson All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Precision Concrete Cutting P.O. Box 8013 Foster City, CA 94404 Attn:Joseph Ortega 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating; excess dust when breaking asphalt or concrete and during excavation and grad=ing. 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 irriplement erosion and sediment control to prevent 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 Page 8 of 12 Contractor Agreement 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. 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. 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. COMPLIANCE: Contractor shall comply with all law. , state or federal and all ordinances, rules and regulations enacted or issued by City. A. PREVAILING WAGES: 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 Page 9 of 12 Contractor Agreement i 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. B. WORKING DAY: Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 1/2 times the basic rate of pay. C. PAYROLL RECORDS: Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: Contractor shall comply with California Labor Code Section 1777.5 regarding ap]?rentices. 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 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, Page 10 of 12 Contractor Agreement 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. INSERTED PROVISIONS: Each provision and clause required 'by law to be inserted into the Agreement shall be deemed to be enacted herein, and tfie 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.. 26. CAPTIONS: i or convenience only, are not a part of the The captions in this Agreement are Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Page Ill of 12 Contractor Agreement P.O. No. , Jt IN WITNESS WHEREOF, the parties*have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Name of Co a for . A Municipal Corporation By , Bye_ J0,50A- Timm Borden,Director of Public Works Name (!)�± Gw Date 4/ Title Date 1 t RECOMMENDED FOR APPROVAL: By-- Address Title G UQ. Saa AV-6 L-;- qJ'0 APPROVED AS TO FORM: By_ Carpal Korade, City Attorney ATTEST: Grace Schmidt, City Clerk — —� Contract Amount: $29,000.00 Account No. : 270-8403-9326 Page 12 of 12 Contractor Agreement EXHIBIT "A" Tri�+ t�;iirv�F - P.O.Box 8013, Foster City, CA 94404 /Phone:(650)1 867-8657/Fax(650) 240-3866/CL#826745 August 13,2014 PROPOSAL FOR"NOT TO EXCEED" AGREEMENT BETWEEN: THE CITY OF CUPERTINO AND PRECISION CONCRETE CUTTING (PCC) Overidew Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians. Displaced sidewalks cause problenns for both public and private entities in the form of trip and fall liability exposure. It is proposed that the City of Cupertino and PCC: enter into an agreement where by PCC will remove sidewalk off-set s that have been identified by the City. The price for these services shall not to exceed the proposed dollar amount rind quantity defined in the "Proposal Detail" section below. Background Information on Frecision Concrete Cuttin_g PCC has been removing sidewalk off-set s from sidewalks since 1990. The company does work throughout the United States and with dozens of cities in California. PCC has perfected the process of removing sidewalk off-set s by utilizing a unique saw cut method. The company's services comply with all of the requirements of the Americans With Disabilities Act by removing sidewalk off-set s the, entire width of the sidewalk, cutting at the proper slope requirement, making sure the cut surface has the proper texture, and assuring a zero point of differential at the joints of concrete slabs (see federal register, attached). Additionally, PCC avoids contamination of storm drains by cutting dry and significantly reduces dust through its dust abatement unit. No other sidewalk off-set removal method assures the same quality, ADA compliance and customer satisfaction that PCC is able to offer. To Date, PCC has been awarded 6 patents by the US Patent and Trademark Office on our sidewalk off-set removal equipment and process. The following is each patent description and number where they can be reviewed on the US patent office web site —www.uspto.gov 6,827,074 - Hub and blade combination patent 6,896,604 - Dust hood patent 7,000,606 - Cutting apparatus and broadening patent 71143,760 - Method patent 7,201,644 -Variations and broadening patent 7,402,095 - Extended methods patent Page 1 of 3 City of Cupertino"Not to Exceed"Proposal—August 13,2014 T p 1i+ rd Fle"Mal'speCkM' P.O.Box 8013, Foster City, CA 94404 /Phone:(650_867--8657/Fax(650)240-3866/CL#826745 Proposal►Detail Contract amount: Total charge for services rendered shall not exceed $29,000.00 Billing Units: Services are billed in"Inch Feet". An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying this average by the length of the cut. Example:A sidewalk off-set on a 4-foot wide sidewalk that consists of a 0.5" rise on one side, and tapers down to a zero rise on the other is calculated as follows: 0.5"+0"x 4ft= 1 inch moot 2 Unit Price: $ 33.5 per inch-foot Streets with Sidewalks to be Repaired: To be Identified)by the City Emergency Services: PCC will provide a 12-hour response to emergency service calls. Emergency calls will be billed at$95 or the actual amount of Inch Feet cut, whichever is greater. Invoicing: All invoices will include detail of work completed including the measurements of the sidewalk off-set removed (high side, low side and width) and the address of the location the cut was performed.All invoices will include the dollar amount of the work being billed and the.remaining balance of the purchase order. Precision Concrete Cutting is committed to providing the highest quality service to our clients. Should you have any questions of comments, please do not hesitate to contact us. PCC Representative: City of Cupertino Representative: J22g=4 U X Joseph Ortega, Municipal Account Manager Print Name: August 13, 2014 Title: Date: Page 2 of 3 City of Cupertino"Not to Exceed"Proposal—August 13,2014 0 D i�etlea-al Reisterf '�l� IsiQ4'! t� y�+1�;1Y '?,191:'Rttls end R��Ic�1n Re via Room 1✓�c�rpt$froarJ 5616. lAel;Ester "; nim m�sy4 L `reru cal anv'3 i�1� 4�E.edge trcatmcnt �a '� 6#IY]�?tl '. Ch�n�e4 inA tiel hei��e ff.V tlj ILI Id- AL s cn( rrJt�i�k+'ti,1 JUISttC : i; us(Il l 5:RI�f`nbt1<CIC {�4�t1]1 SIU f91;�S7] LaJ b' ,accnmE]t is �'b'� rriea113 of a rare 113.v92[ 3Tphes?��tFi enk� - 5 28 C�'�t Part 3�� � -t".:.Slope'al��cs�f c��rhr �.ps Shalt cUmpl� Y�ail;: i f�4rlctaSCnr'1`1at1a�(o 41j'< [. T 7 >]Yki�il �t�L Tlr titiiifi; t t. }a,� C ssn-ramp3 tt� s a5 @littC[5;�r.r the E ��JS of alalsll�t�i r }p'eefi3 s�-al$h�f���h vrt]Ir��`ue 31sn1� ltange5 Pir'ktilic Ac��rtim�ad�tian�� 3 � ILE�Yemum�lii��of�:a�lj�sa55:�g gµtkcr,,mad'SF.�cf�e 91 InC}rF1f11�CC� �; +� 4 raxnF,L`T�Ltse]Sltll� Fong] 1+ . r,u e t}t.:ll �tereed t y2t� - -#3?Mope�iatl l�.ase£lfi�l�a.Sk P�S�i>�]C Slime s�dll fit=�: ute�.�e any`�am�a The m9��mccm:�l�pey€t�����ati O�e nStmc�on�h at€be s.)12'The ma ctnian es4 for ally T n�hall'�r 3�?5�('G�t rrtttZj Curb ram[{srdiarrias kn� cbns3 l iCt�d`Okl��'XISt]�5g,5J��C5�4r*m a#i�Ltrt�b�;�lc3�����_-; ar,facl�t es iS7atir� l,c slc►as�Tld r1eS�s alluwc�cf`irl i 3iu�W"'lr i�4: 3 a "i 31opehei�yen L L rihd ... �, max- •:,_P �°� .. : . ric �� � -1 ��sloe bct;�c�tT,� S arud l;1i1 kS allouec9,fc�r� j fra J y5llnl a �}r ? ches'A sldp�-Sk Opetk E`.R�1 $L5 r r Page 3 of 3 City of Cupertino"Not to Exceed"Proposal—August 13,2014 ACO& DATE(MWDD/YYYY) �, CERTIFICATE OF LIABILITY INSURANCE 8/18/2014 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(les)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 IMF- Kristin Larsen Truex Insurance Agency PHONE - (209)477-1111 F .(209)478-0217 2291 W. March Lane, Suite 100A 54ML .klaraen @truexins.com INSURERS AFFORDING COVERAGE NAIC d Stockton CA 952 0? INSURER A:Securi t National Ins Co 9879 INSURED INSURER B: Precision Emprise, Inc. INSURER C: DBA: Precision Concrete Cutting ID-474563 INSURER D: PO Box 25265 INSURER E: San Mateo CA 94401 1 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 WC 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 TYPE OF INSURANCE POLICY EFF UCY EXP POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAZE TO RENTMr- -PREMISES $ CLAIMS-MADE 7 OCCUR MED EXP one arson $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE E GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY PRO. LOC $ AUTOMOBILE LIABILITY ° IN D S LE LIMIT -(F-a accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per acddent) $ HIRED AUTOS NON-OWNED PROPER AMAGE $ AUTOS (Ear acciderd) $ UMBRELLA LIAR OCCUR EXCESS LIA8 EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED I RETENTION A WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY YIN Y XA�' 0TH' ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? � NIA E.L.EACH ACCIDENT $ 11000,000 (Mandatory In NH) WC1043151 /1/2014 /1/2015 It yes.describe under E.L.DISEASE-EA EMPLOYEE $ 11000,000 D SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,K more space Is mgrdnHq Evidence of Insurance. Waiver of Subrogation applies ,per the attached endorsement when required by written contract. **Regarding any non-payment of premium, 10 days notice will be given. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jo Anne Johnson 10300 Torre Avenue A1'1MORQEDREPRESENTATIVE Cupertino, CA 95014 S:cian Dillon/KRISRE ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved. INS025(2o1oa).o1 The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION ARID EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 04 (Ed.4.54) WAIVER OF OUR RIGHT TO RECOVER FROM()THERS 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 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 shalt be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedules Any person or organization as required by written contract. This endorsement changes the policy to which I is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 4/1/2014 Policy No. SYVC1043151 Endorsement No. WC040306 Insured Precision Emprise.Inc(Corporation) Premium$ 13745 Insurance Company Security National Insurance Company Countersigned by 278419 DATE(MMIDD/YYYY) ACCORO® CERTIFICATE OF LIAE3ILITY INSURANCE 8/18/2014 �1 � 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 C NTA T NAME: Construction and Real Estate Practice PHONE FAX (g66)358-1587 (_A/ No Ext): A/C No Wells Fargo Insurance Services USA,Inc.-CA Lic#:OD08408 E-MAIL nests wellsar ADDRESS: certre fo.com q @ g 959 Skyway Road INSURERS AFFORDING COVERAGE NAIC# San Carlos,CA 94070 INSURER A: Peerless Insurance Company 24198 INSURED INSURER B: Allmerica Financial Benefit Insurance Company 41840 Precision Emprise Inc.DBA: INSURER C Precision Concrete Cutting INSURER D: PO Box 25265 INSURER E: San Mateo,CA 94402 INSURER F: COVERAGES CERTIFICATE NUMBER: 8064427 _ REVISION NUMBER: See below 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 13EEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER _ M POLICY/DDIYYYY MPOLICY P LTR ID LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL 8956038 6/30/2014 6/30/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence)c $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: _ $ B AUTOMOBILE LIABILITY X X AWF A221872 00 2/12/2014 2/12/2015 COMBINED SINGLE LIMIT(Ea 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 X AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ERH ANY PROPRIETOR/PARTNER/EXECU I IVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) GECG970(01/11),CG20370704,461-0155(9/97),CA 20 48 02 99 Re: 2014 Sidewalk Repair. City of Cupertino,its City Council,boards and commissions,officers,employees,and volunteers are named as additional insureds as respects general liability and automobile liability. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) (This certificate replaces certificate#8064416 issued on 8/18/2014) POLICY NUMBER: GL 8956038 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DOWNERS, 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 Organization(s): Operations Re: 2014 Sidewalk Repair. City of Cupertino,its City Council;boards and commissions, officers,employees,and volunteers are named as additional insureds as respects general liability. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section 11—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 4 ISO Properties, Inc.,2004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORMA With respect to coverage provided by this endorsrfrnent, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EX'T'ENSION d. Any business entity for which you Paragraph A.CANCELLATION 2.b.of the have a financial interest greater COMMON POLICY CONDITIONS is than 50%of the voting stock or replaced with the following: otherwise have a controlling b. 60 days before the effective date interest after the effective date of of cancellation if we cancel for this policy or that is newly any other reason. acquired or formed by you during the term of this policy. SECTION I-COVERED AUTOS The coverage provided by this 2. EMPLOYEE HIRED"AUTOS" provision is afforded until Description Of Covered Auto expiration or termination of this Designation Symbols;Symbol 8 is policy,whichever occurs earlier. replaced by the following: The coverage provided by this 8=Hived"Autos"Only - Only those"autos" provision does not apply to any you tease,hire,rent or borrow;including business entity described in d. "autos"your employee hires at your above that qualifies as an direction,for the purpose of conducting your insured under any other business. This does not include any"auto" automobile liability policy issued you lease,hire,rent,or borrow from any of to that business entity as a your"employees"or partners or members of named insured or would have their households. been an Insured except for the exhaustion of the policy limits or SECTION ll-LIABILITY COVERAGE the insolvency of the insurer. 3. BROADENED NAMED INSURED The coverage provided by this provision does not apply to The following is added to the SECTION If- "bodily injury"nor"property LIABILITY COVERAGE,Paragraph 1.Who damage"arising from an Is An Insured provision: accident that occurred prior to your acquiring or forming the business entity described In d. above. Includes copyrighted material of Insurance Services Office,.Inc.with its permission, Copyright, Insurance Servioas Office,Inc., 1996 4614155 (9-97) 4. EMPLOYEES AS INSUREDS SECTION Ill-PHYSICAL DAMAGE The following is added to the SECTION II - COVERAGE. LIABILITY COVERAGE,Paragraph 1.Who T. EXPENSE OF RETURNING A STOLEN Is An Insured provision: "AUTO"and SIGN COVERAGE e. Any employee of yours is an The following is added to SECTION III- "Insured"while using a covered PHYSICAL DAMAGE COVERAGE,A.1. "auto"you do not own, hire or COVERAGE: borrow in your business or your personal affairs. d. Expense Of Returning A Stolen 5. SUPPLEMENTARY PAYMENTS "Auto" We will pay for the expense of The following amends SECTION 11�� returning a covered"auto"to you. LIABILITY COVERAGE,Paragraph 2. Coverage Extensions provision: e. Sign Coverage Paragraph(2)Is replaced by the following: We will pay for loss to signs, (2) Up to$2500 for cost of bail bonds murals,paintings or graphics, (including bonds for related traffic as part of equipment,which are law violations)required because displayed on a covered"auto". of an"accident"we cover. We do not have to furnish these bonds. The most we will pay for"loss"In Paragraph(4)is replaced by the following: any one"accident"is the lesser of: (4) All reasonable expenses Incurred 1. The actual cash value of by the"insured"at our request, the property as of the Including actual loss of earnings time of the"loss";or up to$500 a day because of time 2. The cost of repairing or off from work. replacing the damaged or stolen property with other 6. AMENDED FELLOW EMPLOYEE property of like kind and EXCLUSION quality;or The following is added to the SECTION 11- 3. $2,000. LIABILITY COVERAGE,B.Exclusions t;. GLASS BREAKAGE DEDUCTIBLE Paragraph 5.Fellow Employee exclusion: The following is added to SECTION III- This exclusion does not apply if the PHYSICAL DAMAGE COVERAGE A. "bodily injury"arises from the use of a COVERAGE paragraph 3.Glass covered"auto"you own or hire. This Breakage-Hitting a Bird or Animal- coverage Is excess over any other Failing Objects or Missiles: collectible insurance Any deductible shown in the Declarations as applicable to the includes copyrighted material of Insurance Sorvices Office,Inc.with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) covered"auto"will not apply to glass direction,for the purpose of breakage if such glass is repaired,rather conducting your business,for a than replaced. period of 30 days or less,of like kind and use as the"autos"you own, 9. TRANSPORTATION EXPENSE subject to the following: Paragraph 4.Coverage Extension.of The most we will pay for any one SECTION Iii-PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE,A.COVERAGE Is replaced with the following: a. $50,000 per accident,or b. cash value,or 4. Coverage Extension c., the cost of repair, We will pay up to$50 per day to a minus the deductible equal to the maximum of$1500 for temporary lowest deductible applicable to any transportation expense incurred by owned"auto"for that coverage. Any you because of the total theft of a deductible shown in the covered"auto"of the private Declarations does not apply to"loss" passenger type. We will pay only caused by fire or lightning. Subject for those covered"autos"for which to the limit and deductible stated you carry either Comprehensive or above,we will provide coverage Specified Causes of Loss Coverage. equal to the broadest coverage We will pay for temporary provided to any covered"auto"you transportation expenses incurred own,that is applicable to the loss. during the period beginning 24 hours after the theft and ending, if the loss arises from an accident regardless of the policy's expiration, for which you are legally liable and when the covered"auto"is returned the lessor incurs an actual financial to use or we pay for its"loss". loss from that accident,we will cover the lessor's actual financial 10. HIRED AUTO PHYSICAL DAMAGE toss of use of the hired"auto"for a period of up to seven consecutive The following Is added to SECTION III- days from the date of the accident, PHYSICAL DAMAGE COVERAGE,A. subject to a limit of$1,000 per COVERAGE: accident. 5. Hired Auto Physical Damage 11. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT If hired"autos"are covered"autos" COVERAGE for Liability Coverage and if Physical Damage Coverage of The following is added to SECTION ill- Comprehensive,Specified Causes PHYSICAL DAMAGE COVERAGE,A. of Loss,or Collision is provided COVERAGE: under this Coverage Form for any "auto"you own,then the Physical 6. Audio,Visual and Data Electronic Damage Coverage(s)provided is Equipment Coverage extended to"autos"you hire without e driver or your employee hires, We will pay for"loss"to any without a driver,at your electronic equipment that receives Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Services Office,Inc., 1996 461-0155 (9-97) 0 or transmits audio,visual or data signals and that is not designed b. Permanently installed solely for the reproduction of sound. in the opening of the dash or This coverage applies only If the console normally used by equipment is permanently installed the manufacturer for the In the covered"auto"at the time of installation of a radio. the"toss"or the equipment is removable from a housing unit With respect to coverage herein,the which is permanently installed in the LIMIT OF INSURANCE provision of covered"auto'at the time of the PHYSICAL DAMAGE COVERAGE "loss",and such equipment Is Is replaced by the following: designed to be solely operated by use of the power from the"auto's" 1. The most we will pay for all electrical system, in or upon the "loss"to audio,visual or data covered"auto",including its electronic equipment and any antennas and other accessories. accessories used with this However,this does not include equipment as a result of any tapes,records or discs. one"accident"Is the lesser of The exclusions that apply to a. The actual cash value of PHYSICAL DAMAGE COVERAGE, the damaged or stolen except for the exclusion relating to property as of the time of Audio,Visual and Data Electronic the"loss";or Equipment,also apply to coverage b. The cost of repairing or provided herein. In addition,the replacing the damaged or following exclusions apply: stolen property with other under this property of like kind and We will not pay, quality;or coverage,for either any electronic c. $5Q0. equipment or accessories used with such electronic equipment that Is: 2. An adjustment for depreciation and physical 1. Necessary for the normal condition will be made in operation of the covered determining actual cash value "auto"or the monitoring.of at the time of the"loss". the covered"auto's" operating system;or 3. Deductibles applicable to 2. Both: PHYSICAL DAMAGE COVERAGE,do not apply to this Audio,Visual and Data a. An Integral part of the Electronic Equipment same unit housing any Coverage. sound reproducing equipment designed If there is other coverage provided solely for the by this policy for audio,visual and reproduction of sound If the deta.electronic equipment,the sound reproducing coverage provided herein is equipment is permanently installed in the covered "auto",and Includes copyrighted material of Insurance 8(ovices Office,Inc.with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9.97) excess. However,you may elect to covered"auto". If"loss"is apply the limit or any portion thereof caused by theft,this of coverage provided herein to pay number of days is added any deductible that is applicable to the number of days it under the provisions of the other takes to locate the covered coverage. "auto"and transport It to a 12. RENTAL REIMBURSEMENT and repair shop. MATERIAL TRANSFER EXPENSE 2. 60 days. The following is added to SECTION III- Our payment Is limited to the lesser PHYSICAL DAMAGE COVERAGE,A. of the following amounts: COVERAGE: 1. Necessary and actual 7. Rental Reimbursement and expenses incurred, Material Transfer Expense Including loss of use. This coverage provides only those 2• $3000. Physical Damage Coverages where a premium is shown In the This auto rental expense coverage Declarations. It applies only to a does not apply while there are spare covered"auto"described or or reserve"autos"available to you designated to which the Physical for your operations. Damage Coverages apply. If"loss"results from the total theft of We will pay for auto rental expenses a covered"auto"of the private and the expenses,incurred by you passenger type,we will pay under because of"loss"to a covered this coverage only that amount of "auto",to remove and transfer your your rental reimbursement materials and equipment from the expenses which Is not already covered"auto". Payment applies In provided for under the SECTION addition to the otherwise applicable III-PHYSICAL DAMAGE amount of each coverage you have COVERAGE,A.4.Coverage on a covered"auto". No deductibles Extension. apply to this coverage. 13. AIRBAG COVERAGE We will pay only for those auto rental expenses incurred during the The following is added to SECTION III- policy period beginning 24 hours PHYSICAL DAMAGE COVERAGE,B. after the"loss"and ending, Exclusions,paragraph 3. regardless of the policy's expiration, with the lesser of the following The portion of this exclusion relating to number of days: mechanical or electrical breakdown does not apply to the accidental discharge of an fi. The number of days airbag. This coverage is excess of other reasonably required to collectible Insurance or warranty. No repair or replace the deductible applies to this airbag Coverage. Includes copyrighted material of insurance Services Office, Inc.with its permission. Copyright, Insurance Services,Office, Inc., 1996 461-0155 (9-97) 0 14. AUTO LOAN PHYSICAL-DAMAGE imposed under a lease for excessive use, EXTENSION abnormal wear and tear or high mileage; security deposits not refunded by the lessor; The following is added to SECTION III- cost for extended warranties,Credit Life PHYSICAL DAMAGE COVERAGE,C. Insurance,Health,Accident or Disability Limit Of Insurance provision: Insurance purchased with the loan;and carry over balances from previous leases. When a"loss"results in a total loss to a covered auto you own for which a Loss . This coverage applies only to the initial lease Payee is designated in this policy,the most for the covered"auto"which has not we will pay for"loss"in any one"accident"is previously been leased. This coverage is the greater of: excess over all other collectible insurance. 1. The actual cash value of the SECTION IV-CONDITIONS damaged or stolen property as of the time of the"toss";or 16. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 2. The outstanding balance of the Initial loan,less any amounts for The following is added to SECTION IV- taxes,overdue payments,overdue BUSINESS AUTO CONDITIONS,A.Loss payment charges,penalties, Conditions,2.Duties In The Event Of interest,any charges for early Accident,Claim,Suit Or Loss: termination of the loan,costs for Credit Life Insurance,Health, d. Knowledge of any"accident", Accident or Disability Insurance claim,"suit"or"loss"will be purchased with the loan,and deemed knowledge by you when carry-over balances from previous notice of such"accident", loans. claim,"suit"or"loss"has been : 15. AUTO LEASE PHYSICAL DAMAGE received by EXTENSION (1) You,if you are an individual; (2) Any partner or insurance The following is added to SECTION III- manager If you are a PHYSICAL DAMAGE COVERAGE,C. partnership;or Limit Of Insurance provision: (3) An executive officer or insurance manager if you are If,because of damage,destruction or theft a corporation. of a covered"auto",which is a long-term leased"auto",the lease agreement between 17. BLANKET WAIVER OF you and the lessor Is terminated,"we"will SUBROGATION pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE Paragraph 5.Transfer Of Rights Of 1.or 2.and the amount due at the time of (Recovery Against Others To Us, "loss"under the terms of the lease SECTION IV-BUSINESS AUTO agreement applicable to the leased"auto" CONDITIONS,A.Loss Conditions Is which you are required to pay:less any fees replaced by the following: to dispose of the auto;any overdue payments;financial penalties Includes copyrighted material of Insurance S«rvlces Office, Inc.with its permission. Copyright,Insurance Services Office, Inc., 1996 461-0155 (9-97) 5. Transfer Of Rights Of Recovery 19. HIRED AUTO'-WORLDWIDE Against Others To Us COVERAGE If any person or organization to or The following Is added to SECTION IV- for whom we make payment under Business Auto Conditions,B.General _ this Coverage Form has rights to Conditions,paragraph 7. Policy Period, recover damages from another, ' Coverage Territory provision: which have not been waived through the execution of an"Insured e. Outside the coverage territory contract",written agreement,or described in a.,b.,c.,and d. permit,prior to the"accident"or above for an"accident"or'loss" `loss"giving rise to the payment, resulting from the use of a those rights to recover damages covered"auto"you hire,without a from another are transferred to us. driver,or your employee hires That person or organization must do without a driver,at your direction, everything necessary to secure our for the purpose of conducting your rights and must do nothing after the business,for a period of 30 days "accident"or"loss" to impair them. or less,provided the suit is brought within The United States 98. UNINTENTIONAL FAILURE TO of America or its territories or DISCLOSE INFORMATION possessions. The following Is added to SECTION IV SECTION V-DEFINITIONS BUSINESS AUTO CONDITIONS,B. , General Conditions,paragraph 2. 20. MENTAL.ANGUISH Concealment,Misrepresentation Or Fraud: Paragraph C."Bodily injury",SECTION V- DEFINITIONS is replaced by the following:Your unintentional error in disclosing,or failure to disclose,any material fact C. "Bodily injury"means bodily injury, existing after the effective date of this sickness or disease sustained by a Coverage Form shall not prejudice your person including death or mental rights under this Coverage Form. anguish resulting from any of these. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Services Office,Inc., 1996 461-0155 (9-97) THIS ENDORSEMENT CHANGES THE POLICY. (PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT--CONTRACTORS ! This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIAE LIITY 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 tr a charge. Item 2.g.6)Is added: 6) An aircraft in which you have no ownership intemst 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 permis:sion of the owner,or managed by you under a written agreement with the owner.A separate limit of insuramos 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 w1th 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 notifcation expenses"during the policy period is$100,000. SUPPLEMENTARY PAYMENTS—COVERAGES AAND B Item b.and d.are replaced with: b. The cost of bail fronds 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 at our request to assist us in the investigation or defense of the claim or"suit'Including actual toss of earnings up to$500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices,Inc.,with Its perrnisslon. GECG 970(01111) Page 1 of 1 SECTION li—WHO IS AN INSURED Item 4.is replaced with: f 4. Any subsidiaries, companies, corporations, firms, or organlzid[ons you acquire or form during the policy period over whlch you maintain a controlling interest of greater than 60%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 i c) the entity Is Incorporated or organized under the laws 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 eni Ity. 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—UMITS OF INSURANCE Paragraph 2.Is amended to Include: The General Aggregate Limit of Insurance applies separately to earch"location"owned by you, rented to you,or occupied by you with the permission of the owner. Paragraph 6.Is replaced with the following: 6. Subject to 6.above,the Fire Damage Limit Is the most we will play under Coverage A for damages because of "property damage"to premises while rented to you,temporarily(iccupled by you with permission of the owner, or managed by you under a written agreement with the ownsr, arising out of any one fire, exploslon or sprinkler leakage Incident, The Fire Damage Limit provided by this policy shall be the greatcrr of: a. -$600,000 or b. The amount shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2.a.Is replaced with: 2. Dulles In The Event of Occurrence,Offense,Claim or Sutt 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 awan)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'occurrenoe"or offense took place; 2) The names and addresses of any injured persons and withiesses;and 3) The nature and location of any injury or damage arising out of the °occurrence", offense, claim or "suit". Item 4.b. 1)b)Is replaced with: b. Excen 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 canceilatlon or non-renewal. includes copyrighted material of insurance Services Offices Inc.,with its permission. GECG 970(0717 7) Page 2 of 4 tl I 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 bring suit or transfer those rights to us and h(dp us enforce them. 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"your work"done under that written"Insured contract"for that person or organization and Included in the°products-oompleted operations hazard". item 10.and Item 11.are added: 10. Cancepation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to)the effective date of cancellation. 11. Liberalisation 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 oontracf' 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 organlzatlon for damage 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 written agreement with the owner Is not an"Insured oontract". 23.and 24.are added: 23. "Location" means premises Involving the same or connecting lots, or premises whose connection Is Interrupted only by a street,roadway,waterway or right-of-way of a railroad. 24. "Product recall notificatlon 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 the cash value of the damaged products. The fbOor ing iPraovlsions we also added tothls 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 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. Such person or organization is not i 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: j a. Your ongoing operations performed for that person or organization;or f b. Premises or facilities owned or used by you. With respect to provision i.e. 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 1,"or such premises or facilities ends. Includes copyrighted material of Insurance services offiosu Inc.,with Rs permission. GECG 970(0 111 1) Page 3 of4 i x. 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 repalis) to be performed by or on behalf of the additional Insured(s)at 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 performing operations for a principal as a part of the same project; 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 draMrigs 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; ®. 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. PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV — COMMERCi,AL GENERAL. UANLITY CONDITIONS is amended as follows: a. The following Is added to paragraph a.Prkmry Insurance: if an additional Insured's policy has an Other insurance provision making its policy excess,and you have agreed in a written"construction contract"to provide the additional Insured coverage on a primary and noncontributory basis,this policy shall be primary and we milli not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease,facilities rental contract or agreement, an equipment rental or lease agreement,or a permit issued by a state,county,municipality or other governmental authority. b. The following is added to paragraph b.Excess insurance: (3) Except as specified In paragraph a.,above,any other Insurance in which a party who Is an additional Insures hereunder Is designated as a Named Insured. i Regardless of the terms of any written agreement between you and an additional Insured,this Insurance 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. Includes copyrighted material of insurance Services Office»Inc.,with Its permission. (ECG 970(01111) Page 4 of 4 POLICY NUMBER: AWF A221872 00 COMMERCIAL.AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 2/12/2014 Countersigned By: Named Insured: Precision Emprise Inc.DBA: Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): L;Ity o t(Apertincl 10300 Torre Avenue Cupertino,CA 95014 (If no entry appears above,information required to completo this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule Is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section If of the Coverage Form. CA 20 48 02 99 Copyright,Insurance Services Office,Inc., 1998 Page 1 of 1 O