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15-023 Burr Plumbing & Pumping for services for storm drain inlets CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 �Dl CIO CUPERTINO 408-777-3200 NO. THIS AGREEMENT, made and entered into this�� day of I��rL �� � Is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Burr Plumbing & Pumping Inc. 1645 Almaden Rd., San Jose, Ca. 95125-1206 408-287-2877 burr@bp2inc.com Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Vacuum clean, pressure wash, hydro flush, clear debris or roots at various storm drain inlets in Cupertino. Check box if services are further described in an Exhibit. FAI EXHIBITS: The following attached exhibits hereby are made part of this Agreement: (A) Proposal 7511, (B) Drain Location List. TERM: The services and/or materials furnished under this Agreement shall commence on the date of this agreement and shall be completed no later than May 29, 2015. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $4650 per day not to exceed $5000. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole 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. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1 of 3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements 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: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. 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. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Page 2 of 3 Short Form Agreement Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Brad Alexander DEPARTMENT: Street Division This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By �--�— By Brad Alexander Title:Public Works Supervisor APPROVALS EXPENDITURE DISTRIBUTION WPA EAD DATE ACCOUNT NUMBER AM UNT 100-85-818-700-702 $4650/Day CITY A EY P VEDA TO FORM DAT CIT LERK: ATTEST DATE jf 3 -,70 Page 3 of 3 Short Form Agreement PROPOSAL BURR PLUmBino �16 � � J No. 7511 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A, C36, Dei Proposal submitted to: City of Cupertino Date Submitted: 02-28-15 Description: Storm Drain Cleaning (6 Locations; per. day) Phone Number: 777-3275 Job Name: Street: 10555 Mary Ave. Job Location: Various Locations Throughout Cupertino City, State, ZIP: Cupertino, CA 95014 Job Phone: Fax Number: 777-3399 Cell Phone: 510-1200 E-Mail: brad a(d)cu pea!aq,2M Contact: Brad Alexander We hereby submit specifications and estimates to clean storm drain catch basins and/or storm drain lines as directed by the City of Cupertino's representative and the location (6) list dated 2-27-15 Scope of Work: 1. Vacuum clean all basins and pressure wash each basin as necessary. 2. Hydro flush, as required, to clear debris and/or roots from identified storm lines (as directed by City of Cupertino representatives). catch baskets will be utilized to capture solids and minimize waste removal. Various tooling will be available to help effect desired cleaning results, including hydraulic roots saws, chain flail saws, grenade bombs, flushing heads, etc. Burr Plumbing will provide all necessary safety equipment, cones, delineators, flaggers, arrow boards and/or any ether necessary equipment. Burr Plumbing will provide occasional video inspections throughout project to gauge efficacy of work being completed as well to determine source of problem areas (difficult to pass or properly clean). Disposal costs are extra. Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees, as required, will be additional. 3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Wall, ceiling, flooring, framing and surface finish repairs. 6. Responsibility for any existing or other systems and work not directly related to our work 7. Responsibility for any electrical, plumbing, drains, fire sprinkler and/or controls not expressly included in this proposal. 8. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 9. Any unknown or unforeseen circumstances. 1 F a g e Burr Plumbing & Pumping, Inc. Initial PROPOSAL BURR PLUMBInG No. 7511 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A, C36, D21 We Propose to hereby furnish material and labor— in accordance with above specifications For the sum of: Four Thousand, Six Hundred & Fifty Dollars (per day) ($4,650.00 per day) Payment t0 be made as follows: Payment due upon completion of scope of work Burr Plumbing & Pumping, Inc. Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS'STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING--IF THE TOTAL PRICE OF THE JOB IS$500 OR MORE(INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION. The services to be provided by Burr Plumbing & Pumping, Inc. DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Company: 2 1 P a 0 e Burr Plumbing & Pumping, Inc. Initial nF1 ror PROPOSAL BURR PLUMBIN No. 7511 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A, C36, D21 Conditions of Proposal 1. Allowing Burr Plumbing&Pumping, Inc.("Burr")to commence work or preparation for work constitutes acceptance by you of this Proposal and all its terms and conditions. Quotations herein,unless otherwise stated,are for immediate acceptance and are subject to change. 2. BURR shall be paid monthly Phrogress payments,or as outlined in this proposal. if progress payments are provided in this proposal,on or before the 10 h day of each month for the value of the work completed plus the value of materials and equipment suitably stored less the aggregate of previous payments made to BURR. Final payment shall be made within 30 days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to the project site. 3. Back charges shall not be considered valid unless contained in a writing signed by BURR before the work is executed. 4. All sums not paid when due shall bear interest at the rate of 1 Yz%per month from the due date until paid or the maximum legal rate permitted,whichever is less;all costs of collection,including the actual attorney's fees and costs incurred by BURR,the actual expert fees incurred by BURR and costs as defined by the California Code of Civil Procedure shall be paid by Owner or its representatives. 5. If Owner or its representative fail to make a payment to BURR as provided herein, BURR may stop work without prejudice to any other remedy it may have. 6. Owner or its representative is to prepare all work areas to accept the work of BURR under the contract. BURR will not be called upon to start work until sufficient areas are ready to insure that BURR may continue to work until completed. 7. After acceptance of this Proposal, BURR shall be given a reasonable time in which to make delivery of materials,equipment and labor and to complete its work under this Proposal. BURR shall not be liable for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to delays caused by the owner,general contractor,architect and/or engineers,armed conflict,acts of terrorism or economic dislocation resulting therefrom, embargos,shortages of labor,equipment or materials, production facilities delays or transportation delays,labor difficulties, civil disorder of any kind,the actions of civil or military authorities,vendor priorities and allocations,fires,floods,accidents and acts of God. 8. All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. This warranty is in lieu of all other warranties,express or implied,including any warranties of merchantability or fitness for a particular purpose. BURR will not be responsible for special,incidental or consequential damages and shall not be responsible for damage to its work occasioned by other parties. Any repair work necessitated by damage caused by others directed by the Owner or its representatives to be performed will be considered extra work. BURR's responsibility for damage or loss in transit ceases upon delivery in good condition to a public carrier. 9. Work called for herein is to be performed during BURR's regular working hours. Overtime rates will be charged for all work performed outside such hours as an extra cost to Owner or its representative. 10. All materials shall be furnished in accordance with the respective industry tolerances for variation in color,thickness,and size,finish,texture and performance standards. 11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor, BURR may file a mechanic's lien, stop notice,payment bond claim or other claim on its own behalf in the event that any payment due to BURR is not made as and when provided for in the terms of this Proposal. 12. The subcontract form used between BURR and Owner's General Contractor will be the A401 subcontract,then current,as published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and this Proposal,or when the contract documents between Owner and its General Contractor conflict with the terms of this Proposal,then this Proposal shall govern. 13. Owner or its representative shall furnish all temporary site facilities,including suitable covered storage facilities and hoisting as required at no cost to BURR. 14. Owner and its representative,including its General Contractor,shall make no demand for liquidated or delay damages in any sum which may exceed any such sum specifically provided for in this Proposal,and no liquidated damages may be assessed against BURR for delays or causes attributable to other contractors or arising outside the scope of this Proposal. 15. Owner or its representative,including Owner's General Contractor,shall purchase and maintain property insurance upon the full value of the entire work and/or materials to be supplied which shall include the interest of BURR. Owner or its representative,including Owner's General Contractor shall furnish to BURR evidence that it has named BURR as an additional insured on said policy of insurance in an amount of no less than$1 million. 3 i P a g Burr Plumbing & Pumping, Inc. Initial CUPERTINO Feb. 27, 2015 Storm Drain Maintenance Locations 1. South bound Bandley Dr.: Flush between Mariani Ave. and Valley Green Dr. Storm drain #2640 and manhole#12351 2. 21695 Noonan Ct: 12" pipe needs cement removed. Drain #2964 to manhole#12962 3. 1187 Elmsford Dr.: Root removal. Drain#10467 4. N. Foothill Blvd. @ Salem Ave.: Flush from manhole#13453 to drain #943 5. 1181 Yorkshire Ct.: Flush from'drain #607 to manhole#1816 6. 7495 Prospect Rd.: Root removal. Drain #14054 to manhole # 14456 on Barnhart Place. Exhibit B BURRP-1 OP ID:Z1 CERTIFICATE OF LIABILITY INSURANCE DATE(M 03/116/16/1YYY) 5 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). CONTACT PRODUCER 800-989-8712 NAME: Bozzuto 8r Associates Insurance 408-429-8460 PHONE FAX 34 S.Second St A/C No Ext): A/C, /C No): Campbell,CA 95008 E-MAIL Linda Ellis ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Casualty Insurance Co 24074 INSURED Burr Plumbing and Pumping,Inc INSURER B:West American Insurance Compan 44393 1645 Almaden Road American Fire and Casualty Com San Jose,CA 95125 INSURER C: 24066 INSURER D:Cypress Insurance Company 10855 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDLSUBR TYPE OF INSURANCE POLICY NUMBER MM LICY EFF POLICY EXP LTR I DfYYYY MM/DDIYYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 TAMA(it:TO A X COMMERCIAL GENERAL LIABILITY X BK056113743 08/31/14 08/31/15 PREMISES Ea occurrence $ 500,00 CLAIMS-MADE F_x1OCCUR MED EXP(Any one person) $ 5,00 A X Railroad Liab PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000900 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICYX PRO 7 LOC $ AUTOMOBILE LIABILITY COMBINEDTI—NG—CE LIMIT 1,000,00 Ea accident B X ANY AUTO X BAW56267717 08/31/14 08/31/15 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED FIR Pe a ci T DAMAGE $ r $ HIRED AUTOS AUTOS UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5,000,00 C X EXCESS LIAB CLAIMS-MADE ESA56113743 08131/14 08/31/15 AGGREGATE $ 5,000,00 DED RETENTION$ $ WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY IMIT ER D ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 3300067534141 09/01/14 09/01/15 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 A Property Insurance BK056113743 08/31/14 08/31115 BPP 50,00 A Equipment BK056113743 08/31/14 08/31/15 RTS/LSD 25,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Proposal 751. Waiver of subrogation applies to General Liability and Automobile Liability policies per the attached endorsements. CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy Number: BK056113743 CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE Lq NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 li MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ® 20131-iberty Mutual Insurance CO 8810 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any Insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a cornmerdal or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Llabll- Ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do rot include vehicle lifts. Vehide lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Llablllty Conditions, Conditlon 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contir:gent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) a " If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section 1 -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property Is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 20131-iberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage Tc Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Anyone premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems: or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Deflnftns is replaced with the following: g 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any Gerson or organization for damage by fire, lightning, explosion, smoke, or i leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION ti If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy N are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B,Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ~ 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 loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ® 20131-iberty Mutual Insurance CO 88 0 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection. or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or ;ease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the folowing are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Llablllty: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising Injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: i� (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance cr 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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b, Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratic ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form 2 or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in awritten contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Offica,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributcry, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this 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 on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have Insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other 'volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply, Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and Q 20131-iberty Mutual Insurance CO 8810 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you o acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. e No Pierson or organization is an insured with respect to the concuet of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. tt® L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Repre- sentations: " Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Dudes In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the aaent, servant or "employee". n N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without f_ additlonal premium charge, your policy will automatically provide the coverage as of the day the revislon Is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3, is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical irjury, sick- ness or disease. ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Offica,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following; a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed In writing in a contract or agreement that you waive such rights against that person ar organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. N d 20131-iberty Mutual Insurance CO 88 110 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 9 of 8 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSENENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II-LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization;or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered"auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered"auto"by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a)an expressed provision of an"Insured contract", or written agreement;or (b)an expressed condition of a written permit issued to you by a governmental or public authority. (2) The"bodily injury"or"property damage"is caused by an"accident"which takes place after: (a)You executed the"insured contract'or written agreement; or (b)the permit has been issued to you. GECA 701(01;07) Includes copyrighted material or Insurance Services Offices,Inc.with Its permission Pagel of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs(2)and(4)are amended as follows: (2)Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident'we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning up to$500 a day because of time off from work. SECTION III-PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any"auto"you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered"auto"for each of your physical damage coverages. b. The most we will pay for"loss"in any one"accident'is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the"accident", we will also pay up to$500 per"accident"for the actual loss of use to the owner of the covered"auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the arnount or the largest deductible shown for any owned"auto"for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto"you hire without a driver and excess over any other collectible insurance for any covered"auto"that you hire with a driver. G. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto". LECA?01(01/0' Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4.Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto"and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance"of the lease. "Outstanding balance"means the amount you owe on the lease at the time of loss less any amounts representing taxes;overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges;and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for"loss"to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c.Any electronic equipment that receives or transmits audio; visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered"auto"at the time of the "loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto';or (2)Any other electronic equipment that is (a) Necessary for the normal operation of the covered auto"or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/07) Includes coMTighted material of Insurance Senvices Offices,Inc.with its permission Page 3 of 4 s SECTION N.BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident,Claim,Suit,or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident; claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How,when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to S. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g.,but only as respects loss arising out of the operation, maintenance or use of a covered"auto"pursuant to the provisions of the"insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9, is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.16.is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. LECA 701(01/0"') Includes copyrighted material of Insurance Services Offices,Inc.with Its permission Page 4 of 4