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15-034 Battalion One Fire Protection for fire services r i i 'r AGREEMENT BETWEEN THE CrTY,OF CUPERTINO AND BATTALION ONE FIRE PROTECTION THIS AGREEMENT,for reference dated March 17th,2015,is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as City'), and Battalion One Fire Protection, a Californiaco rporation whose address is ' 5835 Doyle St: Suite 107 Emeryville, CA. 94608 hereinafter called the Contractor; and:is made with reference;to the.following: is i RECITALS: A City is a municipal corporation duly organized and validly:existing under the laws of the State of California with the power-to carry on its business as it is'now being conducted under the Constitution and he statutes'of the State-of California and the Cupertino Municipal Code: B. City and Contractor desire to enter into an agreement for Fire Sprinkler Repairs`at Senior Center in accordance with the'proposal dated March 16'h NOW; THEREFORE, it:is, mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within thirty (30) calendar days after,receiving notice from the Facilities Supervisor to commence the work. and shall diligently prosecute the work to completion before the expiration of thirty(30) consecutive working.days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: { Contractor agrees, at its own cost and expense, to furnish all labor, tools; equipment, materials, except as otherwise specified, and to do all work strictly in -accordance with the th proposal dated June 16 hereby referred to.and expressly made a part hereof with the same force and effect as if the-same were fully incorporated herein. 3. COMPENSATION TO.CONTRACTOR: Contractor shall be compensated for services performed pursuant to this,Agreement in the amount and manner set forth in Contractor's proposal, which is attachedhereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of alike character are paid by the City, with checks'drawn on the treasury of the City,to_betaken , r from the general fund.The sum compensation for services shall not exceed,$8,968.00: 4. TIME IS OF THE ESSENCE: { i 1 i (i E. Contractor and Ci -agree that.time is of the essence regarding City -a gr the performance, of this.. Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner coinniensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be perfolmed by qualified and experienced personnel who are not employed.by the City nor have any contractual relationship with City. 6. ,INDEPENDENT PARTIES: City and Contractor intend that the relationship.between them created,by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor,except to the extent they are limited by statute,.rule or regulation and.the,express terms of this Agreement. No civil service status or other right of employment Will be acquired by virtue of Contractor's services. None of the benefits provided by'City to its employees,including but not limited to unemployment insurance, workers' compensation plans; vacation and sick leave are available from City #o Contractor; its 'ernployees or agents; Deductions shall not be made for any,state or federal taxes, FICA paymenfs,:PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items;if required,are the responsibility of Contractor. 7. IMMIGRATION:REFORM.AND CONTROL ACT ORM: Contractor assumes any and 611 responsibility.for verifying the identity and employment authorization of all of its employees performing-work hereunder,pursuant to all applicable!RCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from .and against any Goss, damage, .liability, costs or :expenses arising from any noncompliance of this provision by Contractor. F. 8. NON=DISCRIMINATIOM Consistent with City's policy that harassment and discrimination are unacceptable 'employer/eznpoyee conduct; Contractor agrees that harassment or discrimination directed -toward a job,applicant, a City employee,or a cifizen 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. i 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 i f 2 i 'i k r s performance of this Agreement by Contractor or Contractor's, employees., :officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage 'is caused by the sole negligence or willful misconduct of City, its agents or employees. 'Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements:with provisions identical to those set forth here in these sections from each,and every subcontractor or any other _person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here. Contractor agrees to be,fully responsible according to the terms of this tsection:. i E 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A,B, C and D. Such certificates, which do not limit Contr'actor's indemnification,'shall also contain substantially, the following statement: "Should any of the above'insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' ,advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance Company that is ,acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured.shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabili Commercial generat liability coverage in the following minimum limits; Bodily Injury: $1,000,000 each occurrence aggregate 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 E 3 i. i { i i (3) Automotive: I Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence I 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 term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the 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. PROMBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written 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 I attempted assignment, hypothecation or transfer. However, claims for money by Contractor 4 I i I I j. i 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 si ent, transfer or other dis osition of any of issued and outstanding In P capital stock of Contractor,or of the mterest:of any general partner or joint;venturer or syndicate member or cotenant; if:Contractors 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%0) or more of the voting power of the corporation. Q.. SUBCONTRACTOR APPROVAL; Unless prior Written';consent from City is obtained, only tho p 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.tie 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. l i 15. REPORTS: Eath.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. Consultan_t,may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information not 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;-famish reports x concerning the status of services required under this Agreement. t 16. RECORDS: €' Contractor shall maintain complete and accurate records with respect 'to sales; costs, 5 ' i I i 3 expenses, receipts and other such information required by City that relate to the performance of I services under this Agreement. Contractor .shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be 'maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same; and to make transcripts there from as necessary, and to allow inspection of all work; data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three(3)years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. { 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified,addressed as hereinafter provided. All notices, demands,requests,or approvals from Contractor to City shall be addressed to E City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Chris Orr All notices,demands,requests,or approvals from City to Contractor shall be addressed to Contractor at: Battalion One Fire Protection 5835 Doyle'St. Suite 107 Emeryville, CA. 94608 Attention: Jon.Zang 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as j necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric 6 i 1[ 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 4 slurry and remove from the site). E B. Cover exposed-piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters, and storm drains prior to rain as well as at the end of the each work day.. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain,a clean work area by removing trash,litter,and debris at the end of each work day. Contractor shall also clean up any leaks, drips,and other spills as they Occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start E 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 programguidance 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 E of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor front City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the-option, at its sole discretion and without cause, of terminating this Agreement by.giving seven(7)days'prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: k Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. E, t t i 3 7 i E 3 9 I 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. 12. ADVERTISEMENT: Contractor shall not post, exhibit; dispjay or allow to be posted, exhibited,.displayed,any signs, advertising, show bills, lithographs,posters or cards of any kind,pertaining to the services performed under 7this.Agreement.unless prior written approval hasbeen secured from City to do, otherwise. } 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall:not be deemed to be a waiver of;any subsequent breach of the.same or any other term, covenant,or condition contained herein,whether-of the same or a different character. 24. INTEGRATED CONTRACT. `This Agreement represents the full and complete understanding of every kind;or nature. whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are.merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof: Any-modification of this Agreement will be effective only by written execution signed by both City and.Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to I provide safety to the public and to:meet or exceed theTsafety.standards outlined by CAL-OSHA. City reserves the right to issue restraints..or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites. free of hazards to persons and/or property 'resulting from his or her,operations. Any hazardous condition noted.by Contractor,which is not a result of his or her operations, shall immediately be reported to City. 26: HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 7:00 a.m. to 3:30 p.m. unless prior written approval has been d securefrom City to do otherwise. E i 8 1 I I I j i s I E Z7. ... REQUIREMENT TO PAY,PREVAILING WAGES. Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set-forth in Labor Code section 1770 et seq. The City shall inquire payment of the general rate of per diem wages or the;general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all.employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports 'to the City upon request:from the .City will result in either delay(and/or forfeit.of outstanding payment to Contractor. } -28. INSERTED;PROVISIONS: Each &oVisioft e e deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not „. correctly inserted, the Agreement shall be amended to make such insertion on application by either.party: k t F 1 i i c t 4 t 1 F A i E 9 i s P 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO "Battalion One Fire Protection" A Municipal Corporation By Title Title Date Date /,S Soc. Sec. #or Tax I.D. 2(o-1'11fW15 RECOMMENDED FOR APPROVAL: By Title APPR VED AS TO FORM: tkUU1---11 By CityAttorney ATTEST: r Crty_Clerk 10 BATTALION ONE FIRE PROTECTION 3-16-2015 City of Cupertino 10555 Mary Avenue Cupertino,CA 95014 408472-6777 Phone ChrisO(Wcupertino.ore Attn:Chris Orr RE:2015 Fire services quote Estimate#JZ 69069-346-2015 Dear Mr.Orr Battalion One Fire Protection is pleased to offer this proposal to perform the following fire services: City Hall 1) Cost to perform annual fire sprinkler service: $ 624.00per service 2) Cost to perform annual fire alarm test: $ 775.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00per service Community Hall 1) Cost to perform annual fire sprinkler service: $624.00per service 2) Cost to perform annual fire alarm test: $525.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00per service Library 1) Cost to perform annual fire sprinkler service: $624.00per service 2) Cost to perform annual fire alarm test: $800.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00per service Sports center 1) Cost to perform annual fire sprinkler service: $624.00per service 2) Cost to perform annual fire alarm test: $ 775.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00per service Community center 1) Cost to perform annual fire sprinkler service: $624.00per service 2) Cost to perform annual fire alarm test: $ 900.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00per service Senior center 1) Cost to perform annual fire sprinkler service: $624.00per service 2) Cost to perform annual fire alarm test: $550.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00per service LICENSE#919683 C10/C16 5835 DOYLE STREET SUITE#107 EMERYVILLE CA 94608 510.653.8075 Phone•510.653.8078 Fax•www.battallonon"re.com INITIALS Page 1 of 4 BATTALION ONE ft6FIRE PROTECTION 3-16-2015 City of Cupertino 10555 Mary Avenue Cupertino,CA 95014 408-472-6777 Phone Chris0r&cupertino.orE Attn:Chris Orr RE:2015 Fire services quote Estimate#JZ 69069-3-16-2015 Service center 1) Cost to perform annual fire sprinkler service: $624.00per service 2) Cost to perform annual fire alarm test: $275.00per service 3) Cost to perform semi-annual water flow and tamper alarm test: $275.00perservice *************SPECIAL NOTES' ***************** —ALL OF THE ABOVE PRICING IS BASED OFF THE PREVAILING WAGE RATES OF SANTA CLARA COUNTY -CITY OF CUPERTINO MUST PROVIDE ACCESS TO ALL AREAS FOR BATTALION ONE'S INSPECTION TECHNICIANS This price assumes that: • All work will be done during regular business hours M-F lam to 4 pm. ■ Any night,weekend,and or holiday work will result in additional costs. This price does not include: ■ Electrical work of any kind,including fire alarm work of any kind if not specified in above scope of work ■ Additional time required at submittal and/or repeat trips to the building department due to any outstanding NOV's attached to the property. Permit and fees allowance includes 3 hours for submittal and plan review.Any time required to clear the NOV's before drawings can be reviewed that results in exceeding 3 hours will be billed at our normal hourly rate of$150.00 per hour. • Installation of pipe and/or sprinklers within the space between the joists and/or installation of interstitial sprinklers above any new or existing finished ceilings • Any requirements of the AHJ above and beyond the referenced codes and project scope specified above. ■ Sprinkler heads in ducts and/or access panels for the in-duct sprinkler access ■ Fire hose stations or cabinets • Capturing and/or treating any water discharged during any testing.Water will be released to the environment. • Any modifications to the existing system not included in the scope above.Discovery of inadequate coverage in any areas whether or not being modified as part of this project but in which work was not planned as part of this contract will result in additional charges to make additional changes to the system.Additionally,any modifications for aesthetic reasons not already included in the scope above will result in additional charges. ■ Repair of any leaks or damages due to the failure of any existing components,whether or not the components are part of the work being performed but were not supposed to be removed/replaced as part of this project. LICENSE#919683 C10/C16 5835 DoYLE STREET SUITE 9 107 EMERYVILLE CA 94608 510.653.8075 Phone•510.653.8078 Fax a www.battaliononefire.com INITIALS Page 2 of 4 BATTALION ONE ftklbFIRE PROTECTION 3-16-2015 City of Cupertino 10555 Mary Avenue Cupertino,CA 95014 408472-6777 Phone ChrisO&cunertino.ora Attn:Chris Orr RE:2015 Fire services quote Estimate#JZ 69069-3-16-2015 General Exclusions: ■ Any unforeseen condition in concealed location i.e.behind walls or underground that are above and beyond our scope of originally quoted work • Fire service water supply and any associated fees. ■ Backflow preventer reduced pressure principal or otherwise. ■ Central station alarm service and associated materials ■ Structural calculations of any nature • Cutting and/or patching of any new or existing structure or finished surfaces required ■ Ceiling removal or replacement • Protection or covering of items located in the workspace • Repair or repair costs of damages to walls,ceilings,carpeting,fixtures,furniture,etc.due to the customer's neglect of properly protecting these items within the workspace. • Bonding • Insulation or heat protection of piping or valves and or any Freeze protection of any portion of the system ■ Debris container rental or associated fees ■ Temporary water or associated fees ■ Overtime,holiday,weekend or shift work • Liquidated damages or"time is of the essence"requirements ■ Project specification requirements ■ Requirements of insurance underwriters Terms and Conditions: • Time Limits:All quotations are valid,unless rescinded for cause for a period of 30 days. • If fees and permits are included in this proposal:We will cover the cost of the associated fees and taxes charged by the Authorities Having Jurisdiction(up to the stated limit)but do not include expedited fees.If expediting is requested or required,Battalion One will pass the expedited costs directly to the customer at the same price charged to Battalion One Fire Protection+admin fees for extra time incurred. • Battalion One Fire Protection has made every effort to provide a quotation that will meet the requirements of the AHJ and the owner.However,should additional devices,functions or services be required above and beyond the scope of this proposal,they will be billed for at our current prices and labor rates. • All work to be performed during normal business hours,between 7AM&3:30PM Monday thru Friday excluding holidays,unless specifically stated otherwise in the project scope. • All warranty activity will be during normal business hours,between 7AM&3:30PM Monday thru Friday excluding holidays.Service outside of normal business hours will be subject to the current overtime rate with a minimum 4-hour charge. • Battalion One Fire Protection does not assume responsibility for or guarantee the structural strength of the building.Should structural calculations be required,we can provide them at an agreed upon increase of the contract price. • Limitation of Liability:Battalion One Fire Protection makes no representations or warranties,express or implied that the fire protection system will in all cases prevent any loss by fire,smoke,water damage,or otherwise,or the fire protection system will in all cases provide the protection for which it is installed or intended.Battalion One Fire Protection is not an insurer and assumes no liability which may result directly or indirectly from inspection of equipment,failure of equipment,failure to conduct inspections,incorrect certification,and/or nonconformity with requirements or cancellation of the certificate. • Liquidated Damages:The parties agree that in the event Subscriber suffers damages as a result of Battalion One's negligence to any degree or failure to perform any obligation,it would be impractical&extremely difficult to anticipate or fix actual damages. Therefore,Subscriber agrees that should there arise any liability on the part of Battalion One,Subscriber agrees to accept$500.00 or the amount of this proposal whichever is greater,as liquidated damages in complete satisfaction of such liability&Battalion One is released&discharged from any further liability. • Repairs:patching and or painting of walls,ceilings or other finished surfaces are not included in this contract. • Payment:$1,000.00 down payment upon contract signing.Progress invoices will be issued as material is delivered and work is performed.Payment terms are net 10 days.All equipment installed is the property of Battalion One Fire Protection until the equipment is paid for in full.Payment of a minimum of 90%of the total project cost is required prior to scheduling the final inspection. o All claims must be made within 10 business days of date of invoice. o Payment terms are referenced on this agreement.Past due balances may be subject to a late charge of 1.5%per month,or the maximum amount allowed by law. • Buyer shall indemnify,defend and hold Battalion One Fire Protection and its agents harmless from all claims,liabilities,and expenses,including but not limited to actual attorney fees,sustained by Battalion One Fire Protection or its agents that are caused by any action of Buyer relating to the goods or services sold by Battalion One Fire Protection to Buyer.Buyer shall further defend,indemnify and hold Battalion One Fire Protection harmless against all product liability,product recall,and other claims,liabilities and expenses,including but not limited to actual attorney fees incurred by Battalion One Fire Protection arising out of any claimed design or engineering defect relating to specifications provided by Buyer to Battalion One Fire Protection. LICENSE#919683 C10/C16 5835 DOYLE STREET SUITE#107 EMERYVILLE CA 94608 510.653.8075 Phone•510.653.8078 Fax•www.battaliononefire.com INITIALS Page 3 of 4 BATTALION ONE FIRE PROTECTION 3-16-2015 City of Cupertino 10555 Mary Avenue Cupertino,CA 95014 408-472-6777 Phone ChrisO a(kuoertino.org Attn:Chris Orr RE:2015 Fire services quote Estimate#JZ 69069-3-16-2015 Equipment Shutdown and Other Ancillary Functions The customer is responsible for identifying and preparing for any equipment shutdown or other ancillary equipment functions that may be connected to the fire alarm or suppression system being serviced. Battalion one fire protection will not be held responsible for damages of aM kind caused by the ailure of the customer to prepare for the activation of equinmen shutdown or other ancillary functions including loss of data production or material. * Standby time due to unforeseen conditions or delays in aiding Battalion One in the shutdowns will be charged for (STANDBY TIME)in addition to the above cost @ our regular hourly rate of$155.00 per man-hour. If you have any questions or comments,please feel free to contact me at 510-506-3439. If you would like to schedule the work,please sign the acceptance below and fax back to 510-653-8078,or email to jzang@battaliononefire.com. Again,thank you for the opportunity to offer our services. Sincerely, Jon Zang Vice President Acceptance The undersigned has read this proposal including the terms and conditions and hereby authorizes Battalion One Fire Protection,Inc.to proceed with work. Accepted by: SIGNATURE: Date: LICENSE#919683 C10/C16 5835 DOYLE STREET SUITE#107 EMERYVILLE CA 94608 510.653.8075 Phone•510.653.8078 Fax•www.battallononefire.com Page 4 of 4 BAT.TA-3 OP';.ID. RM ACORL? DATE(MMIDD!YYYY) y - CERTIFICATE OF LIABILITY INSURANCE oa,o2i2o15 THIS`CERTIFICATE IS'ISSUED AS A MATTER'OF INFORMATIOW:ONLYz 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 policy0es)must be endorsed. If SUBROGATION 1S 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 CONTACT NAME: Don Smith First Service Ino PHONE FAX Lic.#OC13473 ! Arc Nu Ext:800-591-9692. Arc No; 800-591-1845 21AIL 5 Estates Dr.Ste 1 a DREss.companymail firstseruiceweb:com' Roseville,CA 95,678 DOn:Srrilth INSURERS)AFFORDING COVERAGE NAIC M INSURERA.Eve rest Indemnity II1SUranC2 Co1085:1 INSURED; Batta1100 One Fire Protection INSURER'S:MerCUry CBSUaIty COmpany 11908 5835 Doyle Street Ste: 107 INsuRER'c..lnsurance Company Of The:; 27847 Emeryville;CA 94608 INSURER':D:Allied Insurance Company 42579 INSURER'S:Admiral InsuranceC..omapny INSURER:F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IIS TO.CERTIFYTHAT.THE POLICIESOF INSURANCE LISTED BELOW HAVE BEEN..18SUED TO THE(INSURED NAMED:ABOVE FOR THE POLICY PERIOD INDICATED1. 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, iii!: Eii EXCLUSIONS AND CONDITIONS OF SUCH:POLICI ES.LIMITS SHOWN MAY HAVE'BEEN'REDUCE0 BY PAID CLAIMS. !LTR TYPE OF INSURANCE !NSR WVO POLICY NUMBER MMIDDIYYY MMID�IYYYY LIMITS _ GENERAL LIABILITYEACH OCCURRENCE $ 000.11.11 A X COMMERCIAL GENERAL LIABILITY X X51GL006878141 07!2312014 07/23/2015 PREMIses =aoDAMAGETO ccurrDence $ 100,000 CLAIMS-MADE ';a OCCUR MED EXP(Any one person) $ !; 5,00Q Xi E&O PERSONAL&ADV INJURY $ 1OD0,000' GENERAL AGGREGATE'': $ 2,000,00(] GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP10P AGG $ 2,000,000 POLICY rX PE� LOC $ ALIOMOBILELIABILITY COMBINED SIN GLELIMIT 1000000 Ea accident , B X: -ANY AUTO X X.IBA040000008023 07!2312014 07/23/2015 BODILY INJURY{Per person) 1.$ ALL OWNED SCHEDULED BODILY INJURY{Per accident) $ AUTOS AUTOS,, HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4;000,000 Aj1j. X EXCESSLIAB CLAIMS-MADE 51CC002458141 07/23/2014 '0712312015 AGGREGATE $ 4;000,000' DED; RETENTION$ $ WORKERS COMPENSATION ' X WCSTATU- OTH- AND EMPLOYERS'LIABILITY TORY IMT :ER C ANY''PROPRIETORIPARTNER/EXECUTIVE r NIA WSA502711700 07!2312014 07/23!2015 E.L.EACH ACCIDENT $ 1,000,000 r. OFFICERIMEMBER EXCLUDED? (Mandatory In NH) EL,DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below ErL DISEASE-POLICYLIMIT $ 1,000,000 D Equipment Floater ACP7811i250028 07!23!2014 07!2312015 rntd/leas.,; 50,000'. E Pollution FEIECC30109D0 08!1312014' 08111312016:aggregate; 2,000,000' .... DESCRIPTION OF OPERATIONS-.1 LOCATIONS I VEHICLES (Attach,ACORD 101.,Additional Remarks Schedule,if;more space is required) The Cay of ;Cupertino, its City Council, Boards, and-Comissions, officers, Employees, and Volunteers areinamed':as Additional. Insured in respects to General & Auto Liability per the. attached;endorsement(s) .. CERTIfICATE HOLDER` CANCELLATION ' CTYCUPE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City Of CUpertlll0 ACCORDANCE WITHTHE:POLICY PROVISIONS. 10555 Mary AVenue AUTHORIZED REPRESENTATIVE Cupertino,CA 95014-3202 ©1988-2010;ACORD;CORP,ORATION All rights reserved ACORD 25(201 0105) The ACORD name and logo are registered marks of AEORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mercury Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I, NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II, EMPLOYEES AS INSUREDS 111. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR— DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI, EMPLOYEE HIRED AUTO XVII. HIRED AUTO—COVERAGE TERRITORY XVI 11. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2011 Mercury Insurance Services,LLC. All rights reserved. MCA85100711 Ircludes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 1 of 6 BUSINESS AUTO COVERAGE FARMII llli� 1. NEINLYACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION II- LIABI'.LITY COUERAG,E,A Coverage11: , 1.Who Is An'Insured,the folI'lllI .11owing is added: d. Any b­11usiness entity newly acquired or formed by you dur11 Iin1.I'll 11 Ig the p11 Iolicy period prI'llovided you own 50%or I"I'llmoI I,re of the business entiI'lltyI'll and the business entity isnot separately insured for.Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this p1.rovisio11, n i.1 I'lls .1 .1111111 I afford­ 11ed only unt1­1il'the end of the policy period.. Coverage does not apply to ar "accid1.ent".111.11 I., .11111111111which occurred before you acquired or , forme1:11,d the organizatio1.n. II1.1. EMPLOYEES AS INSUREDS SECTION II_ LIAB1.11.1 II'LITY I" ICOVERAGE,A. Coverage, 1.­111Who Is An Insured,the following is added11 I: e.! Any"employee"of you1.11 Irs is I 11an"insured"while using a covered"auto"you don't '" I'll hire or borrow in your b1.usiness for your personal affairs. III. AUTOM11 ATIC ADDITIONALINSURED SE�11CTION IJ- LIABI'LITY COVERAGE,A Coverage, 1.Who Is An'11.Insured,the following is added f. ­111Any person or organization that you are required to include as additional 11 IInsured on the Coverage Formm a written contract or agreement thaI I.t,is signed and executed by you b­ 11efore the"bodily injury" or "property1.damage"ocI 11,cuI, Irs and that Is in effect'during the policy period is an "insured"for Liability Covera1,111.11.1 1.1111, Ige,but only for damages to which this insu1.1­1rance applies11­ and only toI'll the extent that person orI 111. organization qualifies as an"insured" underthe2 1: Who I­ 11 11s AnJI'llnsured provision . conI 1.tained i11 _1111,1111 1n SI 11ectio1­1n II.' IU. EMPLOYEE HIRED AUTO SECTION II- LIABI'LITY COVERAGE,A. Coverage, 1.Who Is An Insured,the followi11 ng is added: g.; An "employee"of yours is an''insured" while operating an"auto"'hired or rented under a contract or agreement.. that`.'employee's" name]with your permission; while performing duties related to the conduct of your business. V1.. SUPPLEMENTARY PrI AYMENTS SECTION II—LIA1.E3ILITY 11111_ ­11111­COVERAGE,I'llA. CoveragI'lle,2.Coverage Extensions,a.Supplementary Pay1.11 ments;Subparagraphs (2j and{4j are replaced by'the following: (2) Up1.to$3,000 for cost of ba11 Iil bonds (including bonds for relat1:1,ed traffic law �iolatior s) required because of I 11an"ac1111, Icident" wI'll,Ie cover We are not.obligated to',. furI'll;­I 1:1-111-11111111nishI'll these bonds {4) All reasonable­11expenses incurred by the"insu11 11red"at our request,includinq. g actual loss o­1 If1.earnings:up t1.o$:500 a day be1111114�1cause I'llof tim1,Ie off from work. VL I II FELLOW EMPLOYEE COVERAGE: SECTION I1.111 I1,1—LII IABILITY COVERAG E, B. Exclusions,5.111Fellow Employee This exclusion does not apply. " - Copyright 2011 Mercury Insurance Services,LLC.All rights reserved.' MCA85100711 Ircludes copyrighted material of,lnsuranee Services Office,'Inc.,with its Permission Page 2 of...:6' VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III- PHYSICAL DAMAGE COVERAGE, A.Coverage,4.Coverage Extensions, a.Transportation Expenses, is replaced with the following: We will pay up to$50 per day to a maximum of$1000 for temporary transportation expense incurred by you because of the total theft of a covered"auto" of the private passenger type.We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage.We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending,regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss". If your business shown in the Declarations is other than an auto dealership,we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III— PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extensions,the following is added: C. If hired"autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss,or Collision coverages are provided under this coverage form for any"auto"you own, then the Physical Damage Coverages provided are extended to"autos"you hire, subject to the following limit: (1) The most we will pay for"loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair,whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss"caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III- PHYSICAL DAMAGE COVERAGE, B. Exclusions,3.a., is amended to add the following; This exclusion does not apply to the accidental discharge of an airbag. Copyright 2011 Mercury Insurance Services,LLC. All rights reserved. MCA85100711 Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III- PHYSICAL DAMAGE COVERAGE C Limit of Insurance, the following is added: 4. In the event of a"total loss"to a covered"auto"shown in schedule or declarations for which Collision and Comprehensive Coverage apply,we will pay any unpaid amount due on the lease or loan for that covered "auto,"less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under alease for excessive use,abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health,Accident or. Disability Insurance purchased with the loan or lease;and'. (5) Carry-over balances from previous loans or leases.) XI. GLASS REPAIR-DEDUCTIBLE;WAIVER SECTION III- PHYSICAL DAMAGE COVERAGE, D. Deductible, he following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III-PHYSICAL DAMAGE COVERAGE,D. Deductible,the following,is added: If two or more"company" policies or coverage forms apply to the same accidental 1. if the applicable.Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest'deductiblewill be waived. For the purpose of this endorsement"company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group.of companies. X111. AMENDED DUTIES IN EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions;2. Duties In The Event Of Accident, Claire,Suit,Or Loss, a., In the event of"accident'', you must notify us of an "accident" applies only when the"accident"is known to: (1) You; if you are an individual; (2) A partner,if you area partnership; (3) A member, if you area limited liability company;;or (4) An executive Officer or insurance manager, Ifyou area corporation. Copyright 2011 Mercury Insurance Services,LLC All rights reserved. MCA85100711 Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions, S.Transfer of Rights Of Recovery Against Others To Us,section is replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident" or "loss", provided that the "accident"or "loss"arises out of the operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION,OR FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, B.General Conditions, 2. Concealment, Misrepresentation,or Fraud,the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions, 5.Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: 1. Any covered "auto" you lease, hire,rent or borrow;and 2. Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased,hired,rented or borrowed with a driver is not a covered "auto". XVII. HIRED AUTO-COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, B.General Conditions, 7. Policy Period, Coverage Territory,e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired,rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's"responsibility to pay damages is determined in a "suit" on the merits,in the United States of America,the territories and possessions of the United States of America, Puerto Rico,or Canada or in a settlement we agree to. Copyright 2011 Mercury Insurance Services,LLC. All rights reserved. MCA85100711 Ircludes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 5 of 6 XVIII. BODILY,IIINJURY11I.1I1 REDEFINED TO—II.INCLUDI I E RESULTANT'MENTAL ANII 1I,GUISH 1 II SECTION U—DEFINITIONS,C. "Bodily Injury"is amended by adding the following: I 111 "Bodily injury" also includes mental anguish but only when the mental anguish arises from 1. other.1:1bodily injury,IsoII r disease. 111 1I Copyright 2011 Mercwylnsurance 5ervice5,LLC. All rights reserved. MCA85100711 Includes copyrighted material of Insurance Services office,.lnc.,with its Permission Page 6 of 6'. 11 Policy 951GL006876141 COMMERCIAL GENERAL LIABILITY ECG 20 596 0412 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -- Who Is An Insured is amended to 0. With respect to the insurance afforded to an addi- include as an additional insured any person or or- tional insured, the following additional exclusions ganization for whom you are perfcrming cpera- apply: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement that such person or organization be added as an 1. "Bodily injury", "property damage" or"personal additional insured on your poticy. Such person or and advertising injury"arising out of any act or organization is an additional insured only with re- arnission of an additional insured or any of its spect to liability for "bodily injury", "property darn- employees• age" or "personal and advertising injury" but on'y 2. "Bodily injury", "properly dairnage" ar"personal tothe extent caused, in whole or in part, by: and advertising injury" arising out of the ren- 1. Youracts or omissions;or dering of, or the failure to render, any profes- 2. The acts or omissions of those acting an your sional architectural, engineering or surveying behalf; services,including: ongoing operations for (a) The preparing, approving, or failing to in the performance of your on additions[ insured. prepare or approve, Wraps, shop drawings, opinions, reports, surveys, field orders, A person's or organization's status as an add- change orders or drawings and specffica- tional insured under this endorsement ends when tions;or your operations for that additional insured are (b) Supevisory, inspection, architectural or completed, engineering activities. 8. The insurance afforded to an additional insGred 2, "Badily injury" or "property damage" occurring shall only include the insurance required by the altar: tennis of the written agreement anc shall not Ire broader than the coverage provided within the (a) All work, including materials, parts or terms of the Coverage Part. equipment furnished in connection with C. The Limits of Insurance afforded to an additional such work, on the project (other than ser- insured shall be the lesser of the follovving: vice, maintenance or repairs) to be per-, formed by or on behalf of an additional in- 1. The limits of Insurance required by t-te written srred(s) at the location of the covered agreement between the parties; or operations has been completed; or 2. The Limits of Insurance providec by this Cov- (b) That portion of"your work"out Df which the erage Part. injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a arincipal as a part of the same project. ECG 20 596 04 12 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 ❑ Includes copyrighted materal of Insurance Services Office, Inc., used with its permission. POlicy#51GL0068761X11 bomMERGIALGI=NEM LIABllU Y IGz4z2 as 02 'T PIIS ENDtSEN�EhIT CHA[VGES TIE FtIiGY. {LEASE FEAD U-0AREFULLY. WAIVER Q TI AI I ►F ER I I HT a► FEC ERY-- : AGAINSTTHEE T U This onciorsoment rnadifi s Insurance provided ander the folt©vuirig; COMMERCIAL GENERAL LIlt31LITY'COVERAGE P,1RT SGF6EQULE flame of Person for. rganizatton {li no entry appeacs >ibdv®, information requited #a bampiete this . doraerttent varilt be ghdWri in the ❑ecCaratibne es applir ole to INendnrseir�ent.) The 7TRANSFER OF R.J.GHTu9- OF RECOVERS AGAINST-OTHERS TO US Condition, Secfian IV - COMMERCIAL GENERAL LIABILITY CONDITJONS)is air^ended bf thtaidpition of the foltt�wii :. We waive any rigi'it of recovery we may 13ave agairtsi the person or organizatien shown In it�e Schedule abbve bet use of payrnen#s"e..,matte for mjtJry or damage arisin but 4f your operations or."yaar vmnirk"d oneunder a wrilton agreement Ihai reciuires you to wive your rights of recovery.The written agreement must be made prior tri fhe date of the occurrence". "Chis vra yer appptie o6y is the parson nr organ-oalion shown to the,Schedtile atiove. ECG 24 522...0......4..................0...............2.. Includes copyrig (erirnalert at'InsuranceSpriic+es Of1ce, Page 1 of 1 ❑ In+c,, with its permission: