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15-044 JJR Construction Inc. Project No. 2014-15 2014 Sidewalk Accessibility ImprovementsOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C O P E RT I N O WEBSITE:www.cupertino.org April 27, 2015 JJR Construction Inc. 1120 Ninth Ave. San Mateo, CA 94402 Re: Bid Award, Project Number 2014-15 2014 Sidewalk Accessibility Improvements. Your bid bond and contract for the above stated project is enclosed. If you have any questions or need additional information,please contact the Public Works Department at(408) 777-3354. Sincerely, Andrea Sanders City Clerk's Office cc: Public Works Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupertino.org April 27, 2015 Sposeto Engineering Inc. 4558 Contractors Place Livermore, CA 94551 Re: Bid Award,Project Number 2014-15 2014 Sidewalk Accessibility Improvements. Thank you for your participation in the City of Cupertino's bid process for the above-stated project. The contract was awarded to JJR Construction Inc. Your bid bond and statement of qualifications envelope are enclosed. If you have any questions or need additional information,please contact the Public Works Department at(408) 777-3354. Sincerely, Andrea anders City Clerk's Office cc: Public Works Enclosure OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255LMTELEPHONE:(408)777-3223• FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupertino.org April 27, 2015 SpenCon Construction Inc. P.O. BOX 1220 Danville, CA 94526 Re: Bid Award, Project Number 2014-15 2014 Sidewalk Accessibility Improvements. Thank you for your participation in the City of Cupertino's bid process for the above-stated project. The contract was awarded to JJR Construction, Inc. Your bid bond and statement of qualifications envelope are enclosed. If you have any questions or need additional information, please contact the Public Works Department at(408) 777-3354. Sincerely, r Andrea Sanders City Clerk's Office cc: Public Works Enclosure u Project No.2014-15 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this23 l day of cit , 2015, by and between JJR CONSTRUCTION,INC., whose place of business is located at 1120 Ninth Ave, San Mateo, CA 94402 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws ofthe State ofCalifornia. WHEREAS,City,on the 7+`' day of pi\ ,2015 awarded to Contractor the following Project: PROJECT NUMBER 2014-15 2014 Sidewalk Accessibility Improvements NOW,THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings,and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee,Assistant Director of Public Works,to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives,including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation,all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue,Cupertino,California 95014 or to such other person(s)and address(es)as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice ofAward. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion ofthe entire Work and be ready for Final Payment in accordance with Section 00700(General Provisions)within 110 working days as provided in Document 00700(General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses(such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above,plus any extensions thereof allowed in City of Cupertino 00520- 1 Contract 2014 Sidewalk Accessibility Improvements Addendum 1 Project No.2014-15 accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project,it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly,City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $75 per Calendar Day per location for failure to replace concrete within the same calendar week. 3.2.3 $75 per Calendar Day per location for failure to replace asphalt to finish grade within 30 calendar days. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors,subcontractors,tenants,or other third-parties),and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid,attached hereto:See Exhibit"A"attached Article 5. Contractor's Representations In order to induce City to enter into this Contract,Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means,methods,techniques,sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700(General Provisions)ofthe limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work,as Contractor considers necessary for the performance or furnishing ofWork at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. City of Cupertino 00520-2 Contract 2014 Sidewalk Accessibility Improvements Addendum 1 Project No.2014-15 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations,tests,reports and studies with the terms and conditions ofthe Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument,contract,order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code§4100 et seq.in document 00340(Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents,including all changes, addenda,and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release ofAny and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). City of Cupertino 00520-3 Contract 2014 Sidewalk Accessibility Improvements Addendum I Project No.2014-15 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code§4100 et seg. 7.4 The Contract Sum includes all allowances(ifany). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 ofthe Clayton Act(15 U.S.C. §15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 of Division 7 ofthe Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor,without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft,classification,or type ofworker needed to execute the Contract,as determined by Director ofthe State ofCalifornia Department ofIndustrial Relations, are deemed included in the Contract Documents and on file at City's office,or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part,term or provision ofthis Contract or any ofthe Contract Documents,or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived,they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent pennitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law,that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law(excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700,Article 12,established under the California Government Code,Title 1,Division 3.6,Part 3,Chapter 5. City of Cupertino 00520-4 Contract 2014 Sidewalk Accessibility Improvements Addendum 1 Po 4357 Project No.2014-15 IN WITNESS WHEREOF the parties have executed this Contract in triplicate the day and year first above written. 2014 SIDEWALK ACCESSIBILITY IMPROVEMENTS CITY: CONTRACTOR: J.1 R ConS yuc{w CITY OF CUPERTINO,a Municipal Corporation of the State of California By: Signature] Attest: Coy\o5 Ra C)so Please print name liere] City Clerk:Grace Schmidt Approved as to form by City Attorney: Title: If Corporation: Chairman,President,or Vice President] City Attorney: Carol Korade By: Signature] I hereby certify,under penalty of perjury,that Timm Borden,Please print name here] Director of Public Works ofthe City of Cupertino was duly authorized to execute this document. Title: If Corporation: Secretary,Assistant Secretary, ChiefFinancial Officer,or Assistant Treasurer] Dated: P 23 nb5(o'-1 State Contractor's License No. Classification Y/jp.,2 A410 k. fmo ii,, uvlL,B' 31 3I I I q David Brandt,City anage f the City of Cupertino,a Expiration Date Municipal Corporation ofthe State of California Designated Representative: Taxpayer ID No. Name:Roger Lee Name: Title:Assistant Director of Public Works Title: %ce Fre---48e.nt Address: 10300 Torre Ave., Cupertino, CA 95014 Address: llaO WA-h lw.n Hat M, CA 9440a Phone:408-777-3269 Phone: f050^Z54 6-G 109 Facsimile:408-777-3354 Facsimile: 1050-31-3`(oa0l NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A AMOUNT: 1,035,646.00CORPORATION, CORPORATE SEAL AND CORPORATE O ACCOUNT NUMBER: 2 D- 86_gZq-too-RZZ W )DoD NOTARY AREQUIREDCIFNOTA CORPORATION SOCIAL X IDARE TY ACCOUNT NUMBER: 0-70" 5S-ZI- 21 1$,b NO.IS REQUIRED FILE NO.: 50,354.00 END OF DOCUMENT City of Cupertino 00520-5 Contract 2014 Sidewalk Accessibility Improvements Addendum 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C9V9L CODE§ 1189 c,s:c,c..=e rec .s,cs r•..<c,.cc.:.^c=.<-:r,=,r.r..-c Y`,Y'=c,-cr-.-c`.':': c>r; .-. ,.c C`s:r r r, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californiaifc County of Is, On ®before me, Alexis Garzota.Roman, Notary;.Publio Date f c f ere Insert Name and Title of the Officer personally appeared LJOIr AP S U e s of Sign ]Qs who proved to me on 'the basis of satisfactory evidence to be the person(s) whose name;(} is/afe subscribed to the within instrument and acknowledged to me that he/sWe/t[Ay executed the same in his/or/their authorized capacity(iV6),and that by his/ter/tbsir signature)on the instrument the person(§), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph uuuuuunuuunnnnnununuuunuuunuuuuunnununuuuwim is true and correct. ALEXIS GARZOTA ROMAN a WITNESS my hand and official seal.COMM.#2080720 , NOTARY PUBLIC-CALIFORNIA y ALAMEDA:.000NTY My Comm.Exp.Sept.05,2018 = Signature imunmiuinnuniuumnmunummimijiiumuiuuuiiuuuunwnmw Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — -El Limited General Ij- Individual Attorney in Fact Individual Attorney in FactTrusteeGuardianorConservatorTrusteeGuardianorConservatorOther: Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association e www.NationaiNotary.org o 1-800-US NOTARY(1-800-876-6827) Item#5907 I EXECUTED IN TRIPLICATE Bond No: 3954571 Premium: $13,180.00 Project No.2014-15 DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND THIS CONSTRUCTION PERFORMANCE BOND (`Bond") is dated April 17, 2015 , is in the penal sum of One Million, Thirtv-Five Thousand. Six Hundred Fortv-Six Dollars and Zero Cents [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12, attached to this page. Any singular reference to JJR Construction, Inc. Contractor''), Great American Insurance Company Surety"), the City of Cupertino, a Municipal Corporation of the State of California(`City")or other party shall be considered plural where applicable. CONTRACTOR: SURETY: JJR Construction.Inc. Great American Insurance Company Name Name 1120 Ninth Avenue 301 E. Fourth Street Address Principal Place ofBusiness San Mateo,CA 94402 Cincinnati,Ohio 45202 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: 2014 SIDEWALK ACCESSIBILITY IMPROVEMENTS PROJECT NUMBER 2011-15 at Cupertino,California. DATED April 13 2015 in the Amount of S 1,035,646.00 the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) JJR Construction, Inc. Company: (Corp. eal e t Am.i s ante Company Signature: Signature: Name and Title: Carlos Raposo . Name and Title: - Mark C. Johnson Vice Presid@nt Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. 3. If there is no City Default, Surety's obligation under this Bond shall arise after: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract;and 3.2 City has agreed to pay the Balance of the Contract Sum: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract;or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. City ofCupertino Construction Performance Bond 2014 Sidewalk Accessibility Improvements 00610- 1 I Project No.2014-15 4. When City has satisfied the conditions of paragraph 3, Surety shall promptly(within 30 days) and at Surety's expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract(but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4,below);or 4.2 Undertake to perfonu and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent;or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract;and, if Surety's obligations defined in paragraph 6,below,exceed the Balance of the Contract Sum,then Surety shall pay to City the amount of such excess;or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4,City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6,below. 5. If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including,without limitation,and by way of example only,rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6.Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include,but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract including, but not limited to, all valid and proper backcharges, offsets,payments, indemnities,or other damages; 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Suretv under paragraph 4,above(but excluding attorney's fees incurred to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. City of Cupertino Construction Performance Bond 2014 Sidewalk Accessibility Improvements 00610-2 Project No.2014-15 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts,purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is Iocated. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety,City or Contractor,however accomplished,shall be sufficient compliance as ofthe date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions. 12.1 Balance of the Contract Sum:The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract,for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including,but not limited to, default" or any other condition allowing a termination for cause as provided in Document 00700 General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Performance Bond 2014 Sidewalk Accessibility Improvements 00610-3 Bond No.: 3954571 EXECUTED IN TRIPLICATE Premium: Included in Performance Bond Project No.2014-15 DOCUNvIENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYivMNT BOND("Bond")is dated April 17, 2015 ,is in the penal sum One Million,Thirty-five Thousand,Six Hundred Forty-Six dollars and Zero Cents. [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 14, attached to this page. Any singular reference to JJR Construction,Inc. Contractor"), Great American Insurance Company Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: AR Construction, Inc. Great American Insurance Company Name Name 1120 Ninth Avenue 301 E. Fourth Streer Address Principal Place of Business San Mateo, CA 94402 Cincinnati Ohio 45202 City/State/Zip City/State/Zip CONSTRUCTION CONTRACT: 2014 SIDEWALK ACCESSIBILITY IMPROVEMENTS- PROJECT NUMBER 2014-15 at Cupertino,California. DATED April 13 2015 in the Amount of$ 1,035,646.00 the"Penal Sum") CONTRACTOR AS PRINCIPAL SURETY Company:Corp. Seal) JJR Construction,Inc.Company: (Co e 1 Great Ameri surance Company Signature: wee Signature: f Name and Title: Carlos Raposo, Name and Title: Mark C.Johnson Vice President Attorney-in-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety,jointly and severally,bind themselves, their heirs, executors,administrators, suscessbrs and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the perfonnance of the Construction Contract,which is incorporated herein by reference. 2. With respect to City,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants-,and 2.2 Defends,indemnifies and holds harmless City from all claims,demands,liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims,demands, liens or suits to Contractor and Surety,and provided there is no City Default. City of Cupertino Construction Labor and Material Payment Bond 2014 Sidewalk Accessibility Improvements 00620- 1 Project No. 2014-15 3. With respect to Claimants,this obligation shall be null and void if Contractor promptly makes payment,directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor,then Surety shall pay for the same,and also, in case suit is brought upon this Bond,a reasonable attorney's fee,to be fixed by the court. 4.Consistent with the California Mechanic's Lien Law, Civil Code§3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5.Surety's total obligation shall not exceed the amount of this Bond,and the amount ofthis Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7.City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 8.Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9.Suit against Surety on this Bond may be brought by any Claimant, or its assigns,at any time after the Claimant has furnished the last of the labor or materials, or both,but,per Civil Code §3249,must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code 3184. 10. All notices to Surety or Contractor shall be mailed or delivered(at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor,however accomplished,shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including,but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for(1)work of a similar character in the locality in which the Work is performed and(2)legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the City of'Cupertino Construction Labor and Material Payment Bond 2014 Sidewalk Accessibility Improvements 00620-2 Project No.2014-15 general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, Qasohne, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code§3248(b)- 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond,including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract,provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify-termination of the Construction Contract. END OF DOCUMENT City of Cupertino Construction Labor and\Material Payment Bond 2014 Sidewalk Accessibility Improvements 00620-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Contra Costa On April 17, 2015 before me, Cathy A. Shapard Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Mark C. Johnson Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(po whose name(V is/are-subscribed to thewithininstrumentandacknowledgedtomethathe/a4efthey executed the same in his/hegthek authorized capacity(x) CATHY A. SHAPARD and that by his/hed1baic signature( on the instrument the commission# 1960470 z person( or the entity upon behalfof which the person% Notary Public-California v acted, exe uted the instrument. Z . ' IZContraCostaCounty My Comm.Expires Dec 14,2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Ae"&a,ZP Place Notary Seal Above Sig ture of eryPublic OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: Construction Performance and Construction Labor& Material Bonds Document Date: April 17, 2015 Number of Pages: 6 Signer(s) Other Than Named Above: JJR Construction, Inc. Capacity(ies) Claimed by Signer(s) Signer's Name: Mark C. Johnson Signer's Name: Individual Individual Corporate Officer—Title(s): Corporate Officer —Title(s): Partner Limited General Partner Limited General w Attorney in FactRIGHT THUMBPRINT Attorney in FactRIGHTTHUMBPRINT Trustee Trustee OF Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here Other: Other: Signer is Representing: Signer is Representing: Great American Insurance Company GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 14752 POWER OFATTORNEY KNOW ALLMEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State ofOhio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attomey-in-fact,for it and in its name,place and stead to execute on behalfof the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit ofPower JOHN F.ARENTS CECIL A.COLLINS III ALL OF ALL MARK C.JOHNSON PATRICK MARTIN CONCORD, 100,000,000.00 CALIFORNIA This Power ofAttorney revokes all previous powers issued on behalf ofthe attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4TH day of FEBRUARY 2015 Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary Dtvisiona!Senior rice President STATE OF OHIO,COUNTY OF HAMILTON-ss:DAVID C.KITCHw(877-377-2405) On this 4TH day of FEBRUARY 2015 , before me personally appeared DAVID C. KITCHIN, to me known,being duly swom,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws ofsaid Company,and that he signed his name thereto by like authority. JENNIFER MARIE RIPPYv. .a NOTARY PUBLIC,STATE OF OHIO MY CIMIIIIWW ExIP 6M-i9 This Power ofAttorney is granted by authority ofthe following resolutions adopted by the Board of Directors ofGreatAmerican Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the DivisionalPresident,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one ofthem,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf ofthe Company, as surety,any andall bonds,undertakings andcontracts ofsuretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits oftheir authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature ofany of the aforesaid officers and any Secretary or Assistant Secretary ofthe Company may be affixed byfacsimile to any power ofattorney or certificate ofeither givenfor the execution ofany bond, undertaking,contract ofsuretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adoptedby the Company as the original signature ofsuch officer and the original seal ofthe Company,to be valid and binding upon the Company with the sameforce and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary ofGreatAmerican Insurance Company,do hereby certify that the foregoing Power ofAttorney andtheResolutionsoftheBoardofDirectorsofJune9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 17th day of April 1 2015 V„in5flgk tai Assistant Secretary S1029AE{^1/15) a Client#:307587 JJRCONST ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/16/ 2015DATE( MMIDDNM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: John Arents PHONE 925-609-6500 FAX 925-609-6550AICNoExt): A/C,No: HUB Int'I Insurance Serv.Inc. E-MAIL ADDRESS: P.O.Box 4047 INSURER(S)AFFORDING COVERAGE NAIC# Concord,CA 94524-4047 INSURER A:National Fire Ins Co of Hartfor 20478 INSURED INSURER B:Continental Casualty Company 20443 JJR Construction,Inc. INSURERC:Everest National Insurance Co 10120 1120 9th Avenue INSURER D San Mateo,CA 94402 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: AIGLAWU 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITSLTRINSRWVDPOLICYNUMBERMM/DD MM/DD A GENERAL LIABILITY 4034980658 1/01/2015 01/01/2016 EACHOCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Eao'curr0ence $100 000 CLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 X PD Ded:1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 F—IPOLICYF—X]PECa LOC B AUTOMOBILELIABILITY 5090802572 cd. sINGLELIMITa., nl1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS AUTOS NON-OWNEDXHIREDAUTOSXAUTOS PerraccidentDAMAGE B X UMBRELLA LIAB X OCCUR 5090802586 1/01/2015 01/01/2016 EACH OCCURRENCE 5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$10000 C WORKERS COMPENSATION 7600014187151 1/01/2015 01/01/201 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY IER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? El N/AMandatoryInNH) E.L.DISEASE-EA EMPLOYEE $1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Ifmore space Is required) Re: Project#2014-15,2014 Sidewalk Accessibility Improvements. City of Cupertino(City),its directors,officers,engineers,agents,employees,all public agencies from whom permits will be obtained,their directors,officers,engineers,agents and employees, the State of California,its officers,agents and employees,as additional insured including Primary wording,Per project aggregate applies to General Liability per attached G18652J-0712 and additional See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cit f Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City op THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD S3458809/M3298799 GS41 a DESCRIPTIONS (Continued from Page 1) insured including Primary wording applies to Auto Liability per attached CNA63359XX-0412.Waiver of Subrogation applies to Workers Compensation per attached WC040306,all as required by written contract. SAGITTA 25.3(2010/05) 2 of 2 S3458809/M3298799 l Policy#4034980658 G-1 8652-J CNA Ed. 07-12) CONTRACTORS'GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2: Bodily Injury—Expanded Definition 3. Broad Knowledge of Occurrence/Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To"Your Product"And"Your Work" Limit:$100,000. 6. Contractual Liability—Railroads Expanded definition of"insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit:$100,000. 9. Expanded Personal And Advertising Injury-Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force—"bodily injury"or"property damage." 11. General.Aggregate Limits Of Insurance-Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability'Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to$500,000 for Damage to Premises Rented To You. 25,000 limit for"property damage"to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability.Coverage Extension 18. Medical Payments Limits increased to$15,000. Reporting increased to three years from the date of accident. 10. Non-owned Aircraft Coverage 20. Non-owned Watercraft Increased to 75 feet. 21. Primary And Non-Contributory To Other Insurance 22. Property Damage-Elevators 23. Supplementary Payments Cost of bail bonds increased to$5,000. Daily loss of earnings increased to$1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation -Blanket Waiver of subrogationwhere required by written contract or written agreement. 26. Wrap-Up Extension G-18652-J (Ed. 07-12) Page 1 of 12 Copyright,CNA All Rights Reserved. J Policy#4034980658 G-18652-J CNA Ed. 07-12) 1. ADDITIONAL INSURED 2. With respect to the insurance afforded to these additional insureds, this insurance SECTION II—WHO IS AN INSURED is amended to does not apply to any "occurrence" which include as an insured any person or organization takes place after the equipment lease called additional insured)described in paragraphs expires. A.through G. below whom you are required to add as an additional insured on this policy under a D. Lessor-Land written contract or written agreement, provided the An owner or other interest from whom land has written contract or written agreement: been leased by you but only with respect to i. Is currently in effect or becomes effective liability arising out of the ownership, during the term of this policy; and maintenance or use of that specific part of the land leased to you and subject to the following ii. Was executed prior to the "bodily injury," additional exclusions: property damage" or "personal injury and advertising injury" for which the additional This insurance does not apply to: insured seeks coverage. 1. Any "occurrence" which takes place after However, we will not provide the additional you cease to lease that land; or insured any broader coverage or any higher 2. Structural alterations, new construction or limit of insurance than the least that is: demolition operations performed by or on a. The maximum permitted by law; behalf of such additional insured. b. Required in the written contract or written E. Lessor-Premises agreement; A manager or lessor of premises but only with c. Afforded to you under this policy; or respect to liability arising out of the ownership, maintenance or use of that specific part of the d. Described in the applicable paragraphs A. premises leased to you and subject to the through G. below. following additional exclusions: A. Controlling Interest This insurance does not apply to: Any persons or organizations with a controlling 1. Any."occurrence" which takes place after interest in you but only with respect to their you cease to be a tenant in that premises; liability arising out of: or 1. Their financial control of you; or 2. Structural alterations, new construction or 2. Premises they own, maintain or control demolition operations performed by or on while you lease or occupy these premises. behalf of such additional insured. This insurance does not apply to structural F. Mortgagee,Assignee or Receiver alterations, new construction and demolition A mortgagee, assignee or receiver but only with operations performed by or for such additional respect to their liability as mortgagee, assignee, insured. or receiver and arising out of the ownership, B. Co-owner of Insured Premises maintenance, or use of a premises by you. A co-owner of a premises co-owned by you and This insurance does not apply to structural covered under this insurance but only with alterations, new construction or demolition respect to the co-owner's liability as co-owner operations performed by or for such additional of such premises. insured. C. Lessor-Equipment G. State or Governmental Agency or Subdivision or Political Subdivisions 1. Any person or organization from whom you lease equipment, but only with respect to A state or governmental agency or subdivision liability for "bodily injury," "property or political subdivision subject to the following damage" or "personal and advertising provisions: injury" caused, in whole or in part, by your 1. This insurance applies only with respect to maintenance, operation or use of the following hazards for which the state or equipment leased to you by such person or governmental agency or subdivision or organization. political subdivision has issued a permit or authorization in connection with premises G-18652-J (Ed. 07-12) Page 2 of 12 Copyright,CNA All Rights Reserved. 5 CNA Policy#4034980658 G-18652-J Ed. 07-12) you own, rent, or control and to which this You must give us or our authorized insurance applies: representative notice of an "occurrence," offense, claim, or "suit" only when the a. The existence, maintenance, repair,occurrence, offense, claim or "suit" is known construction, erection, or removal of to: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, 1) You, if you are an individual; manholes, marquees, hoistaway openings, sidewalk vaults, street 2) A partner, if you are a partnership; banners, or decorations and similar 3) An executive officer or the employee exposures; or designated by you to give such notice, if b. The construction, erection, or removal you are a corporation; or of elevators; or 4) A manager, if you are a limited liability c. The ownership, maintenance or use of company. any elevators covered by this B. NOTICE OF OCCURRENCE insurance. Your rights under this Coverage Part will not be 2. This insurance applies only with respect to prejudiced if you fail to give us notice of an operations performed by you or on your occurrence,"offense, claim or"suit"and that behalf for which the state or governmental failure is solely due to your reasonable belief agency or subdivision or political that the"bodily injury"or"property damage" is subdivision has issued a permit or not covered under this Coverage Part. authorization. However, you shall give written notice of this 3. This insurance does not apply to: occurrence,"offense, claim or"suit"to us as soon as you are aware that this insurance may a. "Bodily injury," "property damage" or apply to such "occurrence,"offense claim or personal and advertising injury" arising suit." out of operations performed for the 4. BROAD NAMED INSUREDfederalgovernment, state or municipality; or A. Any subsidiary or affiliate organization, other b. "Bodily injury" or "property damage" than a partnership, joint venture or limited included within the"products-completed liability company, in which a Named Insured operations hazard." specifically shown in the Declarations has management control, directly or through one or A governmental permit which requires you to more subsidiary organizations, at the time of add the governmental entity as an additional loss will qualify as a Named Insured but only if insured will trigger this Provision 1.as if the there is no other similar insurance available to permit were a written contract. such organization, nor similar insurance which 2. BODILY INJURY—EXPANDED DEFINITION would be available but for exhaustion of its limits. For the purpose of this provision, similar SECTION V—DEFINITIONS,the definition of insurance means general liability or equivalent bodily injury"is changed to read: insurance, no matter whether its coverage is Bodily injury"means bodily injury, sickness or broader or narrower than that provided by this insurance. But if the only other similar disease sustained by a person, including death,insurance is for a "consolidated (wrap-up)humiliation, shock, mental anguish or mental injury program," then a subsidiary that qualifies as a by that person at any time which results as a Named Insured on such project-specific consequence of the bodily injury, sickness or insurance can still qualify as a Named Insureddisease. on this insurance, but not for projects covered 3. BROAD KNOWLEDGE OF OCCURRENCE/ by the"consolidated (wrap-up)program." NOTICE OF OCCURRENCE Please see Item 26.C.of this endorsement for Condition 2. Duties in The Event of Occurrence, the definition of"consolidated (wrap-up) Offense, Claim or Suit of SECTION IV— program."] COMMERCIAL GENERAL LIABILITY B. This endorsement does not apply to anyCONDITIONSisamendedtoaddthefollowingorganizationforwhichcoverageisexcludedby provisions: another endorsement attached to this policy. A. BROAD KNOWLEDGE OF OCCURRENCE C. Only for the purpose of this endorsement: G-18652-J (Ed. 07-12) Page 3 of 12 Copyright,CNA All Rights Reserved. Policy#4034980658 G-1 8652-J CNA Ed. 07-12) 1. Management control means: I. Damage to Your Work a. Ownership interest representing more Property damage"to "your work"arising out of than 50% of the voting, appointment, or it, or any part of it and included in the"products- designation power for the subsidiary completed operations hazard." organization's governing body; or This exclusion does notaapply:Y: b. Having the right, pursuant to a written 1) If the damaged work or the work out ofcontract, or pursuant to the by-laws, which the damage arises wascharter, operating agreement, or similar performed on your behalf by adocumentofaspecificallyshown subcontractor; orNamedInsuredorcontrolledsubsidiary organization to select, appoint, or 2) If the cause of loss to the damaged designate a majority of the subsidiary work arises as a result of: organization's governing body. Such contract or document must have been a) Fire; created prior to the time of loss; or b) Smoke; c. Having the right, pursuant to a written c) Collapse; or trust agreement, to protect, control the use of, encumber or transfer and sell d) Explosion. property held by a trust. B. The following paragraph is added to SECTION 2. Governing body means the Board of III—LIMITS OF INSURANCE: Directors of a corporation. Subject to 5. above, $100,000 is the most we 3. Loss means: will pay under Coverage A for the sum of damages arising out of any one"occurrence" a. The occurring of the "bodily injury" or because of"property damage"to"your product" property damage'; or and "your work"that is caused by fire, smoke, b. The committing of the offense that collapse or explosion and is included within the caused the "personal and advertising product-completed operations hazard." This injury." sublimit does not apply to"property damage"to your work"if the damaged work or the work out D. The insurance provided by this policy applies to of which the damage arises was performed on Named Insureds when trading under their own your behalf by a subcontractor. names, or under such trading names or doing- business-as (DBA) names as any should C. This Provision 5. Broadened Liability choose to employ. Coverage For Damage To "Your Product" And "Your Work" does not apply if an 5. BROADENED LIABILITY COVERAGE FOR endorsement of the same name is attached to DAMAGE TO "YOUR PRODUCT" AND "YOUR this policy. WORK" 6. CONTRACTUAL LIABILITY—RAILROADS A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE With respect to operations performed within 50 feet LIABILITY, Paragraph 2. Exclusions is of railroad property, the definition of"insured amended to delete exclusions k. and I. and contract" in SECTION V—DEFINITIONS is replace them with the following: replaced by the following: This insurance does not apply to:] Insured Contract" means: k. Damage to Your Product a. A contract for a lease of premises. However, that portion of the contract for a lease of Property damage"to"your product"arising premises that indemnifies any person or out of it, or any part of it except when organization for damage by fire to premises caused by or resulting from: while rented to you or temporarily occupied by you with permission of the owner is not an1) Fire; insured contract"; 2) Smoke; b. A sidetrack agreement; 3) Collapse; or c. Any easement or license agreement; 4) Explosion. G-18652-J (Ed. 07-12) Page 4 of 12 Copyright,CNA All Rights Reserved. Policy#4034980658 G-18652-J C A Ed. 07-12) d. An obligation, as required by ordinance, to Damages arising out of the loss of, loss of use indemnify a municipality, except in connection of, damage to, corruption of, inability to access, with work for a municipality;or inability to manipulate "electronic data" that e. An elevator maintenance agreement; does not result from physical injury to tangible property. f. That part of any other contract or agreement However, this exclusion does not apply to pertaining to your business (including an liability for damages because of"bodily injury."indemnification of a municipality in connection with work performed for a municipality) under B. The following paragraph is added to SECTION which you assume the tort liability of another III—LIMITS OF INSURANCE: party to pay for "bodily injury" or "property Subject to 5. above, $100,000 is the most wedamage" to a third person or organization. Tort will pay under Coverage A for all damagesliabilitymeansaliabilitythatwouldbeimposedarisingoutofanyone"occurrence"because ofbylawintheabsenceofanycontractorpropertydamage"that results from physicalagreement. injury to tangible property and arises out of Paragraph f.does not include that part of any electronic data." contract or agreement: C. The following definition is added to the 1) That indemnifies an architect, engineer or SECTION V—DEFINITIONS: surveyor for*injury or damage arising out of: Electronic data" means information, facts or a) Preparing, approving or failing to programs stored as or on, created or used on, prepare or approve maps, shop or transmitted to or from computer software drawings, opinions, reports, surveys, including systems and applications software), field orders, change orders or drawings hard or floppy disks, CD-ROMS, tapes, drives, and specifications; or cells, data processing devices or any other b) Giving directions or instructions, or media which are used with electronically failing to give them, if that is the primary controlled equipment. cause of the injury or damage; D. For the purposes of the coverage provided by 2) Under which the insured, if an architect, this endorsement, the definition of "property engineer or surveyor, assumes liability for damage" in SECTION V — DEFINITIONS is an injury or damage arising out of the replaced by the following: insured's rendering or failure to render 17. "Property damage"means: professional services, including those listed a. Physical injury to tangible property,in (1) above and supervisory, inspection, architectural or engineering activities. including all resulting loss of use of that property. All such loss of use shall be 7. CONTRACTUAL LIABILITY FOR PERSONAL deemed to occur at the time of the AND ADVERTISING INJURY physical injury that caused it; Under SECTION I—COVERAGE B—PERSONAL b. Loss of use of tangible property that is AND ADVERTISING INJURY LIABILITY, not physically injured. All such loss of Paragraph 2. Exclusions is amended to delete use shall be deemed to occur at the exclusion e. Contractual Liability. time of the "occurrence" that caused it; This provision 7. does not apply to any person or or organization who otherwise qualifies as an c. Loss of, loss of use of, damage to, additional insured on this Coverage Part. corruption of, inability to access, or 8. ELECTRONIC DATA LIABILITY inability to properly manipulate electronic data," resulting from A. Under SECTION I — COVERAGE A — BODILY physical injury to tangible property. All INJURY AND PROPERTY DAMAGE, such loss of "electronic data" shall be Paragraph 2. Exclusions is amended to delete deemed to occur at the time of the exclusion p. Electronic Data and replace it with occurrence"that caused it. the following: For the purposes of this insurance, This insurance does not apply to:] electronic data" is not tangible property. p. Electronic Data E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to G-18652-J (Ed. 07-12) Page 5 of 12 Copyright,CNA All Rights Reserved. i Policy#4034980658 G-1 8652-J CIA Ed. 07-12) this policy, then the $100,000 limit provided by amended to delete exclusion a. Expected or this Provision 8. Electronic Data Liability is Intended Injury and replace it with the part of, and not in addition to,that higher limit. following: 9. EXPANDED PERSONAL AND ADVERTISING This insurance does not apply to:] INJURY-DISCRIMINATION OR HUMILIATION a. Expected or Intended Injury A. SECTION V — DEFINITIONS is amended to Bodily injury"or"property damage"add the following to the definition of "Personal expected orandadvertisinginjury": the insured.This exclusion does nnded from the standpoint tapply f h. Discrimination or humiliation that results in to"bodily injury"or"property damage" injury to the feelings or reputation of a resulting from the use of reasonable force natural person, but only if such to protect persons or property. discrimination or humiliation is: 11. GENERAL AGGREGATE LIMITS OF 1) Not done intentionally by or at the INSURANCE-PER PROJECT direction of: A. For each construction project away from a) The insured; or premises you own or rent, a separate b) Any "executive officer," director, Construction Project General Aggregate stockholder, partner, member or Limit, equal to the amount of the General manager (if you are a limited Aggregate Limit, is the most we will pay for liability company) of the insured;the sum of: and 1. All damages under Coverage A, except 2) Not directly or indirectly related to the damages because of "bodily injury" or 11 employment, prospective employment, property damage included in the past employment or termination of products-completed operations hazard"; and employment of any person or persons by any insured. 2. All medical expenses under Coverage B. Under SECTION I — COVERAGE B -C' PERSONAL AND ADVERTISING INJURY that arise from "occurrences" or LIABILITY, Paragraph 2. Exclusions is accidents which can be attributed solely amended to add the following additional to ongoing operations at that exclusions: construction project. Such payments This insurance does not apply to:] shall not reduce the General Aggregate Limit shown in the Declarations, nor the Discrimination Relating To Room, Construction Project Aggregate Limit of Dwelling or Premises any other construction project. Personal or advertising injury"caused by B. All: discrimination directly or indirectly related to 1. Damages under Coverage B, regardless ofthesale, rental, lease or sub-lease or the number of locations or construction prospective sale, rental, lease or sub-lease projects involved;of any room, dwelling or premises by or at the direction of any insured. 2. Damages under Coverage A, caused by Fines Or Penalties occurrences" which cannot be attributed solely to ongoing operations at a single Fines or penalties levied or imposed by a construction project, except damages governmental entity because of because of "bodily injury" or "property discrimination. damage" included in the "products- This provision 9.does not apply to any person completed operations hazard'; and or organization who otherwise qualifies as an 3. Medical expenses under Coverage C additional insured on this Coverage Part. caused by accidents which cannot be 10. EXPECTED OR INTENDED INJURY attributed solely to ongoing operations at a single construction project, Under SECTION I—COVERAGE A—BODILY will reduce the General Aggregate Limit shown INJURY AND PROPERTY DAMAGE in the Declarations. LIABILITY, Paragraph 2. Exclusions is G-18652-J (Ed. 07-12) Page 6of12 Copyright,CNA All Rights Reserved. Policy#4034980658 G-18652-J Ed. 07-12) C. The limits shown in the Declarations for Each a) "Bodily injury" caused by a "health Occurrence, for Damage To Premises Rented care incident" will be considered To You and for Medical Expense continue to caused by an "occurrence"; and apply, but will be subject to either the Construction Project Aggregate Limit or the b) All acts, errors or omissions that General Aggregate. Limit, depending on are .logically connected by any whether the "occurrence" can be attributed common fact, circumstance, solely to ongoing operations at a particular situation, transaction, event, advice construction project. or decision will be considered to constitute a single"occurrence'; D. When coverage for liability arising out of the 2) The "bodily injury" occurs during theproducts-completed operations hazard" is injury" arisingjprovided, any payments for damages because from an "occurrence"will policy period. All "bodily inbe deemed toofbodilyinjuryorpropertydamageIncluded in the "products-completed operations hazard,"have occurred at the time of the first regardless of the number of locations involved act, error, or omission that is part of the will reduce the Products-Completed Operations occurrence'; and Aggregate Limit shown in the Declarations.B. With respect only to the insurance provided by E. If a single construction project away from this Provision 13., Exclusion 2.e. Employer's premises owned by or rented to the insured has Liability of SECTION I — COVERAGE A — been abandoned and then restarted, or if the BODILY INJURY AND PROPERTY DAMAGE, authorized contracting parties deviate from is amended to append the following: plans, blueprints, designs, specifications or Only for "bodily injury" not covered by other timetables, the project will still be deemed to be liability insurance. (including state-sanctioned the same construction project. self insurance) available to the insured (or F. The provisions of SECTION III — LIMITS OF which would be available but for exhaustion of its limits),. this exclusion does not apply toINSURANCEnototherwisemodifiedbythisbodilyinjury" that arises out of a "health careendorsementshallcontinuetoapplyasincident." stipulated. 12. IN REM ACTIONS C. SECTION V — DEFINITIONS is amended to add the following new definition: Any action in rem against any vessel owned or Health care incident" means a negligent act,operated by or for you, or chartered by or for you error or omission by your "employees" or will be treated in the same manner as though the volunteer workers" working on your behalf inactionwereinpersonamagainstyou.the rendering of or failure to render professional In rem is a term used to designate actions instituted health care services in any of the following against the thing, as distinct from actions against capacities, or the related furnishing of food, the person,which ate said to be in personam. beverages, medical supplies or appliances: 13. INCIDENTAL HEALTH CARE MALPRACTICE a. Physician; COVERAGE b. Nurse; A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A— c. Emergency medical technician; BODILY INJURY AND PROPERTY DAMAGE d. Paramedic; LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement e. Chiropractor; Paragraphs 1.b.(1) and 1.b.(2) with the f. Dentist; . following: 9• Athletic trainer; b. This insurance applies to"bodily injury"only h. Audiologist;if you are not in the business of providing g professional health care services, and only i. Physical therapist; if: j. Psychologist; 1) The bodily injuryis caused by an st;thera Ieechk. Soccurrence" that takes place in the p pi coverage territory." For the purpose of I. Other allied health professional; or this insurance: G-18652-J (Ed. 07-12) Page 7 of 12 Copyright,CNA All Rights Reserved. CNA Policy#4034980658 G Ed.d. 07-107-12) m. Provider of first aid or Good Samaritan a. "bodily injury" to a co-"volunteer services rendered in an emergency and for worker" while performing duties related which no payment is demanded or to the conduct of your business; and received.b. "bodily injury"to an "employee"while in D. SECTION I — COVERAGE A — BODILY the course of the "employee's" INJURY AND PROPERTY DAMAGE,employment by you or while performing Paragraph 2. Exclusions is amended to add the duties related to the conduct of your following additional exclusions. These new business; exclusions apply only to this Incidental Health Care Malpractice Coverage: when such "bodily injury"arises out of a health care incident.' This insurance does not apply to:] 3. Paragraphs 2.a. (1)(a), (b) and (c) of Dishonesty or Crime SECTION II — WHO IS AN INSURED do Any dishonest, criminal or malicious act, error not apply to "bodily injury" for which or omission. insurance is provided this Provision 13. Clinical Trials/Product Testing 4. Paragraph 2.a.(1)(d) of SECTION II—WHO IS AN INSURED is deleted. Acts, errors or omissions that occur in the G. With respect to the insurance provided by thiscourseofhumanclinicaltrialsorproductProvision13., the following is added to testing.Paragraph 4.b.(1) of SECTION IV — Medicare/Medicaid Fraud COMMERCIAL GENERAL LIABILITY Medicare or Medicaid fraud or abuse. CONDITIONS: Services Excluded by Endorsement To the extent this insurance applies, it is excess over any of the other insurance (including Any"health care incident"for which coverage is qualified self insurance), whether iprimary, excluded by endorsement. excess, contingent or on any other basis, E. SECTION V — DEFINITIONS is amended to except for insurance purchased specifically by you to be excess of this policy.add the following subparagraph to Paragraph f. of the definition of"insured contract": 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES Paragraph f. does not include that part of any contract or agreement:A. The following is added to SECTION II — WHO IS AN INSURED: 4) Under which you assume another's tort liability for "bodily injury" arising out of the 4. You are an insured when you had an rendering of or failure to render interest in a joint venture, partnership or professional health care services.limited liability company which terminated F. SECTION II — WHO IS AN INSURED is or ended prior to or during this policy period, but only to the extent of your amended to add the following provisions: interest in such joint venture, partnership or 1. Your"employees"are insureds with respect limited liability company. This coverage to: does not apply: a. "bodily injury" to a co-"employee" while a. Prior to the termination date of any joint in the course of the co-"employee's"venture, partnership or limited liability employment by you or while performing company; duties related to the conduct of your b. If there is other valid and collectible business; and insurance purchased specifically to b. "bodily injury" to a "volunteer worker"insure the partnership, joint venture or while performing duties related to the limited liability company; or conduct of your business; c. To a joint venture, partnership or limited when such "bodily injury"arises out of a liability company which is or was health care incident." insured under a "consolidated (wrap- up)insurance program." . 2. Your "volunteer workers" are insureds with respect to: G-18652-J (Ed.07-12) Page 8 of 12 Copyright,CNA All Rights Reserved. Policy#4034980658 G-1 8652-J Ed. 07-12) Please see Item 26.C. of this endorsement Paragraphs (1), (3) and (4) of this exclusion for the definition of"consolidated (wrap-up) do not apply to "property damage" (other program."] than damage by fire) to premises rented to B. The last paragraph of SECTION 11 — WHO IS you or temporarily occupied by you with the AN INSURED is deleted and replaced by the permission of the owner, or to the contents following: of premises rented to you for a period of 7 or fewer consecutive days. A separate limit Except as provided under the Contractors' of insurance applies to Damage To General Liability Extension Endorsement or by Premises Rented To You as described in the attachment of another endorsement(if any), SECTION III—LIMITS OF INSURANCE. no person or organization is an insured with Paragraphs (3), (4), (5) and (6) of this respect to the conduct of any current or past exclusion do not apply to liability assumed partnership, joint venture or limited liability under a sidetrack agreement.company that is not shown as a Named Insured in the Declarations. Paragraph (6) of this exclusion does not 15. LEGAL LIABILITY/ALIENATED PREMISES/ apply to "property damage" included in the BORROWED EQUIPMENT products-completed operations hazard." A. Under SECTION I — COVERAGE A — BODILY B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, INJURY AND PROPERTY DAMAGE the last. Paragraph 2. Exclusions is amended to delete paragraph of Paragraph 2. Exclusions is exclusion j. Damage to Property in its entirety deleted and replaced by the following. and replace it with the following: Exclusions c. through n. do not apply to This insurance does not apply to:] damage by fire to premises while rented to you or temporarily occupied by you with permission j. Damage to Property of the owner nor to the contents of premises Property damage"to: rented to you for a_ period of 7 or fewer p y g consecutive days. 1) Property you own, rent, or occupy; A separate limit of insurance applies to this 2) Premises you sell, give away or coverage as described in SECTION III — abandon, if the "property damage" LIMITS OF INSURANCE. arises out of any part of those C. The following paragraph is added to SECTION premises; III-LIMITS OF INSURANCE: 3) Property loaned to you; Subject to 5.above, $25,000 is the most we will 4) Personal property in the care, custody pay under Coverage A for damages arising out or control of the insured; of any one "occurrence" because of "property damage"to tools or equipment loaned to you by5) That particular part of real property on others that occurs while the equipment is being which you or any contractors or used to perform operations. subcontractors working directly or indirectly on your behalf are performing D. Paragraph 6. Damage To Premises Rented To operations, if the "property damage" You Limit of SECTION III — LIMITS OF arises out of those operations; or INSURANCE is replaced by the following: 6) That particular part of any property that 6. Subject to Paragraph 5. above, (the Each must be restored, repaired or replaced Occurrence Limit), the Damage To because "your work" was incorrectly Premises Rented To You Limit is the most performed on it. we will pay under SECTION — I — COVERAGE A for damages because of Paragraph (2) of this exclusion does not property damage" to any one premises apply if the premises are"your work." while rented to you or temporarily occupied Paragraphs (3) and (4) of this exclusion do by you with the permission of the owner, not apply to "property damage" to tools or including contents of such premises rented equipment loaned to you. A separate limit to you for a period of 7 or fewer consecutive of insurance applies to such tools or days. The Damage To Premises Rented To equipment that are damaged while being You Limit is the greater of: used in your operations. a. $500,000; or G-18652-J (Ed. 07-12) Page 9 of 12 Copyright,CNA All Rights Reserved. CNA Policy#4034980658 G-18652-J Ed. 07-12) b. The Damage To Premises Rented To This paragraph B. does not apply to medical You Limit shown in the Declarations. expenses incurred in the state of Missouri. E. Paragraph 4.b.(1)(a)(ii) of SECTION IV — 19. NON-OWNED AIRCRAFT COMMERCIAL GENERAL LIABILITY Under SECTION I—COVERAGE A—BODILYCONDITIONSisdeletedandreplacedbytheINJURYANDPROPERTYDAMAGELIABILITY.following: Paragraph 2. Exclusions is amended such that ii) That is property insurance for premises exclusion g.Aircraft,Auto or Watercraft does not rented to you, for premises temporarily apply to an aircraft you do not own, provided that: occupied by you with the permission of the 1. The pilot in command holds a currently effectiveowner; or for personal property of others in certificate issued by the duly constitutedyourcare, custody or control; authority of the United States of America or F. This Provision 15. does not apply if Damage To Canada, designating that person as a Premises Rented To You Liability under commercial or airline transport pilot; SECTION — I — COVERAGE A is excluded by 2. The aircraft is rented to you with a trained, paid endorsement.crew;and 16. LIBERALIZATION CLAUSE 3. The aircraft does not transport persons or cargo If we adopt a change in our forms or rules which for a charge. would broaden coverage for contractors under this 20. NON-OWNED WATERCRAFTendorsementwithoutanadditionalpremiumcharge, your policy will automatically provide the additional Under SECTION I—COVERAGE A-BODILY coverage as of the date the revision is effective in INJURY AND PROPERTY DAMAGE LIABILITY, your state. Paragraph 2. Exclusions is amended to delete 17. LIQUOR LIABILITY subparagraph (2)of exclusion g.Aircraft,Auto or Watercraft and replace it with the following. Under SECTION I—COVERAGE A—BODILY This exclusion does not apply to:]INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. 2) A watercraft you do not own that is: Liquor Liability.a) Less than 75 feet long; and This provision 17.does not apply to any person or organization who otherwise qualifies as an b) Not being used to carry persons or property additional insured on this Coverage Part. for a charge. 18. MEDICAL PAYMENTS 21. PRIMARY AND NON-CONTRIBUTORY TO OTHERINSURANCE A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is With respect to any person or organization that is deleted and replaced by the following: an additional insured under this Coverage Part,the following is added to Paragraph 4.of SECTION IV— 7. Subject to Paragraph S. above (the Each COMMERCIAL GENERAL LIABILITY Occurrence Limit), the Medical Expense CONDITIONS: Limit is the most we will pay under SECTION — I — COVERAGE C for all If you have agreed in writing in a contract or medical expenses because of"bodily injury" agreement that this insurance is primary and non- sustained by any one person. The Medical contributory relative to an additional insured's own Expense Limit is the greater of: insurance, then this insurance is primary and we will not seek contribution from that other insurance. 1) $15,000; or For the purpose of this Provision 21.,the additional 2) The amount shown in the Declarations insured's own insurance means insurance on which for Medical Expense Limit. the additional insured is a Named Insured. . B. Paragraph 1.a.(3)(b) of SECTION I — This Provision 21. does not apply in situations COVERAGE C MEDICAL PAYMENTS, is where the endorsement on this policy affording replaced by the following: coverage to the additional insured specifies that this insurance is excess over any other insurance b) The expenses are incurred and reported to available to that additional insured. us within three years of the date of the 22 PROPERTY DAMAGE—ELEVATORS accident; and G-1 8652-J (Ed. 07-12) Page 10 of 12 Copyright,CNA All Rights Reserved. Policy#4034980658 G-1 8652-J CNA Ed. 07-12) A. Under SECTION I — COVERAGE A — BODILY However, this waiver applies only when you have INJURY AND PROPERTY DAMAGE, agreed in writing to waive such rights of recovery in Paragraph 2. Exclusions is amended such that a contract or agreement, and only if the contract or exclusion k. Damage to Your Product, and agreement: subparagraph (3), (4) and (6) of exclusion j. 1. Is in effect or becomes effective during the termDamagetoPropertydonotapply "property of this policy; anddamagethatresultsfromtheuseofelevators. B. With respect only to the coverage provided by 2. Was executed prior to loss. this endorsement, Condition 4. Other 26. WRAP-UP EXTENSION: OWNER CONTROLLED Insurance in SECTION IV — COMMERCIAL INSURANCE . PROGRAM, CONTRACTOR GENERAL LIABILITY CONDITIONS is CONTROLLED INSURANCE PROGRAM OR amended to add the following subparagraph CONSOLIDATED (WRAP-UP) INSURANCE b.(1)(a)(v): PROGRAMS 4. Other Insurance Note: The following provision does not apply to any b. Excess Insurance public construction project in the state of Oklahoma, nor to any construction project in the state of 1) This insurance is excess over:Alaska,that is not permitted to be insured under a a) Any of the other insurance, consolidated (wrap-up)insurance program" by whether primary, excess, applicable state statute or regulation: contingent or on any other If the endorsement EXCLUSION— basis- CONSTRUCTION WRAP-UP or another v) That is Property insurance exclusionary endorsement pertaining to Owner covering property of others Controlled Insurance Programs (O.C.I.P:)or damaged from the use of Contractor Controlled Insurance Programs elevators.C.C.I.P.)is attached to this policy,then the following changes apply: 23. SUPPLEMENTARY PAYMENTS A. The following wording is added to the A. Under Section I — Supplementary Payments endorsement: Coverages A and B, Paragraph 1.b.,the limit With respect to a"consolidated (wrap-up) of $250 shown for the cost of bail bonds is insurance program" project in which you are or replaced by$5,000, were involved,this exclusion does not apply to B. In Paragraph 1.d., the limit of $250 shown for those sums you become legally obligated to daily loss of earnings is replaced by$1,000. pay as damages because of: 24. UNINTENTIONAL FAILURE TO DISCLOSE 1. 'Bodily injury," "property damage," or HAZARDS personal or advertising injury" that occurs If unintentional) should fail to disclose all during your ongoing operations at the y you project, or during such operations of existing hazards at the inception date of your policy, anyone acting on your behalf; norwewillnotdenycoverageunderthisCoveragePart because of such failure. 2. 'Bodily injury" or "property damage" 25. WAIVER OF SUBGROGATION -BLANKET included within the "products-completed operations hazard" that arises out of those Under SECTION IV—COMMERCIAL GENERAL portions of the project that are not LIABILITY CONDITIONS, The Transfer Of Rights residential structures." Of Recovery Against Others To Us Condition is B. SECTION IV — COMMERCIAL GENERAL amended by the addition of the following: LIABILITY CONDITIONS is amended to add We waive any right of recovery we may have the following subparagraph 4.b.(1)(c) to against any person or organization because of Condition 4.Other Insurance: payments we make for injury or damage arising out This insurance is excess over:] of: 1. Your ongoing operations; or c) Any of the other insurance whether primary, excess, contingent or any other basis that is 2. "Your work"' included in the "products insurance available to you as a result of completed operations hazard." your being a participant in a "consolidated wrap-up) insurance program," but only as G-18652-J (Ed. 07-12) Page 11 of 12 Copyright,CNA All Rights Reserved. Policy#4034980658 G-18652-J CNA Ed. 07-12) respects your involvement in that residency including but not limited to single or consolidated (wrap-up) insurance multifamily housing, apartments, program."condominiums,townhouses, co-operatives or C. SECTION V — DEFINITIONS is amended to planned unit developments and also includes add the following definition:their common areas and/or appurtenant structures (including pools, hot tubs, detached Consolidated (wrap-up) insurance program" garages, guest houses or any similar means a construction, erection or demolition structures). When there is no individual project for which the prime contractor/project ownership of units, residential structure does manager or owner of the construction project not include military housing, college/university has secured general liability insurance covering housing or dormitories, long term care facilities, some or all of the contractors or subcontractors hotels, or motels. Residential structure also involved in the project, such as an'Owner does not include hospitals or prisons. Controlled Insurance Program (O.C.I.P.)or This provision 26.does not apply to any personContractorControlledInsuranceProgramororganizationwhootherwisequalifiesasanC.C.I.P.). additional insured on this Coverage Part. Residential structure" means any structure where 30%or more of the square foot area is used or is intended to be used for human All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-18652-J (Ed. 07-12) Page 12 of 12 Copyright,CNA All Rights Reserved. 5090802572 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1.,Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability"policy"providing "auto"coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date,whichever is earlier. b. Does not apply to: 1) "Bodily injury" or"property damage" caused by an "accident"that occurred before you acquired or formed the organization; or 2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured"but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II —Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.(2) and A.2. (4)are revised as follows: 1. In a.(2),the limit for the cost of bail bonds is changed from$2,000 to$5,000; and 2. In a.(4),the limit for the loss of earnings is changed from$250 to$500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage—Hitting A Bird Or Animal—Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto", any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised,with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of$20; subject to CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 Ed.4/12) Includes copyrighted material of the Insurance Services Office used with its permission. 5090802572 b. $1,800 maximum, in lieu of$600. C. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you,to provide: a. $1,000 maximum, in lieu of$600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto"you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or"loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss"caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s)provided on your owned "autos". e. Such physical damage coverage for hired "autos"will: 1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. 2)Such coverage as is provided by this provision will be subject to a limit of$750 per"accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d.are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A$100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the"diminution in value"exclusion does not apply to: a. Any covered "auto"of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less,while performing duties related to the conduct of your business; and b. Any covered "auto"of the private passenger type hired or rented by your"employee"without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for"loss"to a covered "auto" in any one accident is the lesser of: 1) $5,000; or 2) 20% of the"auto's"actual cash value (ACV). III. Drive Other Car Coverage—Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto"for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto"owned by that"executive officer"or a member of that person's household; or CNA63359XX Page 2 of 3 Ed.4/12) r 5090802572 b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. 1) Equal to the greatest of those coverages afforded any covered "auto'; and 2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and,while a resident of the same household, includes that person's spouse. Such "executive officers"are"insureds"while using a covered "auto"described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: 4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or"loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: 6) Your"employees" may know of documents received concerning a claim or"suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual,to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5.Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an"accident"or"loss". C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis.This provision is applicable only when required by a written contract. That written contract must have been entered into prior to"Accident"or"Loss". E. Policy Period, Coverage Territory Section IV, Paragraph B.7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 Ed.4/12) Includes copyrighted material of the Insurance Services Office used with its permission. 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration ofyour employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE BLANKET WAIVER OF SUBROGATION NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/01/2015 Policy No.7600014187151 Endorsement No. 001 Insured: JJR Construction,Inc. Premium$ INCL. Insurance Company: Everest National Insurance Company Countersigned By: 1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual-1999.