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15-210 Sprig Electric, Camera System Upgrade at the Sports Center, Project No. 2016-07AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SPRIG ELECTRIC FOR CAMERA SYSTEM UPGRADE AT THE SPORTS CENTER Project No. 2016-07 THIS AGREEMENT, for reference dated~ 2015, is by and between CITY OF CUPERTINO (hereinafter referred to as "City"), a municipal corporation, and Sprig Electric. (hereinafter referred to as "Contractor"), a California corporation whose address is 1860 S.10th St. San Jose, Ca.95112 and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for construction work, in accordance with the adopted Specifications, Special Provisions and Plans. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin wmk within thirty (30) working days after receiving notice from City to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do aU work strictly in accordance with Specifications, Special Provisions and Plans, which are hereby referred to and expressly ma.de a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and .incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by City, with checks drawn on fhe treasury of City, to be taken from the 570-87-836-900.990 fund. Payment will be made by City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made up to 95% of the value of the work. City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts will Contractor Agreement Sports Center Camera Upgrade Page 1of20 1. Project No. 2016-07 be paid to Contractm 35 days after the acceptance by City and the recording of the Notice of Completion with the Santa Clara County Recorder's office. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for under the Agreement .is not completed before or upon the expiration of the time limit as set forth in paragraph 1 above, damage will be sustained by City, and that it is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor wm pay to City the sum of Two Thousand Do11ars ($ 2,000) per day fo1· each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the work caUed for under the Agreement is not finished and completed in all parts and i·equirements within the time spedfied, City shall have the right to extend the time for completion or not, as may seem best to serve the interest of City; and if it decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions. ' The Contractor shall. not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within one (l) day from the beginning of such delay1 notify City in writing of the causes of delay. City shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final and conclusive. 5. ~TANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement Contractor Agreement Sports Center Camera Upgrade Page2 of20 Project No. 2016-07 is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or othe1· federal, or state rules and regulations. Contractor shall indenmify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON~DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disabiJity, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indenmify, defend, and hold harmless City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indenmify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fuily responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish Contractor Agreement Sports Center Camera Upgrade Page3 of 20 Project No. 2016·07 City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraph lOA, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the exp:irntion date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to City by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintajn in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming City as additional insured shall be submitted with the insurance certificates. Contractor shall complete the attached Document 00530 Insurance Forms. A. COVERAGE: Contractor shall maintain the following insurance coverage: {l) Wqrkers' Compensation: Statutory coverage as required by the State of California; Employers' Liability $1,000,000 per occurrence (2) general Liability: Commercial general liability coverage in the following minimum limits: Bodily h1jury: $2,000,000 each occurrence $4,000,000 aggregate -all other Property Damage: $2,000,000 each occmrence $4,000,000 aggregate 1f submitted, combined single limit of $2,000,000 per occurrence; $4,000,000 in the aggregate will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $1,000,000 each occurrence Property Damage: $1,000,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such Contractor Agreement Sports Center Camera Upgrade Page4of20 Project No. 2016-07 insurer of said Contractor may acquire agajnst City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time durmg the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtam such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional msured. An additional insured named herein shall not be held liable for any premium, deductible portion of ai1y loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anythmg toward any loss or expense covered by the msurance provided by this policy. E. SUFFICIENCY OF INSURANCE: TI.le insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Bonds are not required for this agreement. 12. PROHIBITION AGAINST TRANSFERS: Contractol' shaU not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or mterest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. W:ritten notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnershl,p or jomt venture or syndicate or cotenancy, Contractor Agreement Sports Center Camera Upgrade Page5 of 20 Project No. 2016-07 which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPRQYAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subconh·acted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a WorkOrdel'. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and sl1a1l also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted heretmder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and eve.ry report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to City pursuant to this Agreement. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accmate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with Contractor Agreement Sports Center Camera Upgrade Page6of20 Project No. 2016-07 generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to a.llow inspection of all work, data, documents, proceedjngs and activities related to thls Agreement. Such records, together with supporting documents, sl1all be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shaU reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second bus.iness day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino Attn: Ty Bloomquist 10555 Maxy ave. Cupertino CA 95014 All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Sprig Electric Attn: Jose Rivera 1860 S. 10th St. San Jose,ca.95112 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust as the work is being prosecuted. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters, storm drains and streams. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains and streams. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). Contractor Agreement Sports Center Camera Upgrade Page 7of20 Project No. 2016-07 B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or rW1off. E. Contractor shall maintain a dean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County~Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the State of California's Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. TI1e State under the Federal Clean Water Act can also impose a .fine on the contractor, pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required heretmder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the optkm, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contracto1· as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. Contractor Agreement Sports Center Camera Upgrade Page 80£ 20 Project No. 2016-07 20. COMPLIANCES: Contractor shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. Specifically, and without limitation, Contractor shall comply with all state, federal, or local regulation regarding the removal and disposal of hazardous waste. A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payroll records to City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to City upon request from City will result in either delay and/or forfeit of outsta11ding payment to Contractor. B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 1h times the bask rate of pay. C. PAYROLL RECORDS: To the extent applicable, ContractoT shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: To the extent applicable, Contractor shall comply with California LaboT Code Section 1777.5 regarding apprentices. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 12. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: Contractor Agreement Sports Center Camera Upgrade Page9 of 20 Project No. 2016-07 A waiver by City of any breach of any term, covenant, or condition contained hereJn, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. l~TEGRA'.r.filLCONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included he.rein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Contractor Agteement Sports Center Camera Upgrade Page 10 of 20 P.O. No.: ')._ 0 lb -L.{ l 0 Project No. 2016-07 IN WI'INESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR By~ Name Pepper Snyder Title President Date---~-1-->/{/_,_,.,_/l--'1 __ Address: 1860 s.rnth st. San Jose, ca. 95112 Contractor Agreement Sports Center Camera Upgrade CITY OF CUPERTINO A Municipal Corporation By~ ::=-:: Thrun Borden, Director of Public Works RECOMMENDED FOR APPROVAL: By~~ CHP.1s oruz Printed Name Title f /to/ St/fer1.11Sor -i APPROVED AS TO FORM: By~ ~Coll ~Winchester, ~ity Attorney U '\j ATTEST: ~ ~ 'Jt (-,.,,"/Co ~,£4 .,, Grace Schmidt, City Clerk Contract Amount: $39,281.79 Account No. : 570-87-836-900.990 Page11of20 Project No. 2016-07 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS • SUBMIT IN TRIPLICATE 1. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent m: must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation-must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. Conlwctor Agreement Sports Center Camera Upgrade Page12of 20 Project No. 2016-07 CUPERTINO INSURANCE AGREEMENT A. Contractot is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self· insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performahce of the work of this Contract. B. Contractor and all subcontractors wUl carry worker's compensation insurance for the protection of its employees during the progress of the work The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. AH insurance coverage shall be in amounts required by the City and shall be evidenced by the issttance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an ''A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance covemges and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and fot the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following i11surance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. Contractor Agreement Sports Center Camera Upgrade Page 13 of 20 Project No. 2016-07 LIMITS Worker's Compensation and Employers' Liability General Liability -commercial general liability; including provisions for contractual liability, personal injury;. independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. In accordance with the Worker's Compensation Act of the State of California -Worker's Comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. By: ____________ _ (Contractor's Name) Contractor Agreement Sports Center Camera Upgrade Dated: __________ 20_ Page 14 of20 CITYOI' Project No. 2016-07 CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the Cily of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Address: Description of operations/locations/products insured (show contract name and/or number, if any): - WORKER'S COMPENSATION *Statutory Min. * Employer's Liability (name of insurer) $ $ Insurance Company's State License No. -- Check Policy Type: COMPREHENSIVE GENERAL LIABILITY [ ] Premises/Operations [ J Owners & Contractors Protective [ ] Contractual for Specific Contract $ [ ] Products Liability [ 1 XCUHazards r 1 Broad Form P.D. [ ] Severability of Interest Clause [ ] Personal Injury with Employee Exclusion Removed or SelMnsured COMMERCIAL GENERAL LIABILITY Policy No. Contractor Agreement Sports Center Camera Upgrade Each Occurrence General Aggregate (if applicable) Aggregate Personal Injury Fire Damage (any one fire) Medical Expense (any one person) Retention (name of insurer) Expiration nn+"' --~-- Page 15 of20 $ --· $ $ $ $ - AUTOMOTNE/VEHICLE LIABILITY Commercial Form BODILY INJURY Each Person Project No. 2016-07 PROPERTY DAMAGE Each Accident Liability Coverage $ Each Accident (name of insurer) $ or ------- Combined Single Limit $ _____ _ Policy No.--------Expiration Date _____ _ BUILDER1S RISK "ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance w.ith the requirements of the project documents and is in force at this time. NIA Policy No.-------- Limits of Liability:-------- (Name of insurer) Expiration Deductible:-------- --~ (agent's initial) A copy of all Endorsements to the policy(ics) which in any way limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance 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. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: __________ _ Dated: _________ ~20 __ Attach Certificate oflnsurance and Additional Insured Endorsement on company forms. Contractor Agreement Sports Center Camera Upgrade Page16of 20 C::ITYOI' CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: ___ _ Project No. 2016-07 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: 111e City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in cmmection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. Contractor Agreement Sports Center Camera Upgrade Page 17 of :W Project No. 2016-07 POLICY INFORMATION 1. Insurance Company: ________________________ _ 2. Insurance Policy Number: ___________________ _ 3. Effective Date of this Endorsement: _______________ ---'20 __ All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre A venue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below lfated Insurance Company and by my signature hereon do so bind Uris Company. Signature of Authorized Representative: _________________ _ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: ____________ _ Address: ______________ _ Contractor Agreement Sports Center Camera Upgrade Page18 of 20 Telephone: _______ _ Facsimile: ------- CUPERTINO Project Title and COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project No. 2016-07 In consideration of the po1icy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement 1.s attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the :insurance provided ·under the General Liability Coverage part of the below~referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance 2. Insurance Policy 3. Effective Date of this Endorsernent: ________________ .20 __ 4. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in c01mection with th.is poli.cy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: _________________ _ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: __ , Title: _________ _ Address:-------------Telephone:-------- Facsimile: -------- Contractor Agreement Sports Center Camera Upgrade Page19 of 20 CUPERTINO Project Title and WAIVER OF SUBROGATION ENDORSEMENT WORKER1S COMPENSATION INSURANCE Project No. 2016-07 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its di.rectors, officers, agents, consultants and employees by reason of any payment made on account of :injury, including death resulting therefrom, sustained by any employee of the :insured, arising out of the performance of the above~referenced Contract. POLICY INFORMATION 1. Insurance \...UJLu1-1,a1 2, Insurance Policy Number: _____________________ _ 3. Effective Date of this Endorsement: _______________ __.20 __ 4. Insured: ___________________________ _ All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenuei Cupertino, California 95014. I, name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative:. _________________ _ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: ____________ _ Address: ______________ _ Telephone: _______ _ Facsimile: ________ _ END OF DOCUMENT Contractor Agreement Sports Center Camera Upgrade Page20 of 20 ~~ .&-~'Mi. ~-eo tB'&'J s td St. Sart fi»e, M 95112 ti: 40f!-29!-3134 ~i 40!-29f!-3247 Request for Price Customer: City of Cupertino Aun: Ty Bloomquist I 0555 Mary Ave. City Of Cupertino, California 95014 Project Name: Cupertino Sports Center NVR and Cameras Install Revised IR l 1-18-15 Job#: TBD Date: 11/18/15 Item Description I. Supply the following: a. Provide materials and labor to install an 8TB DT Exacqvision NVR server.(windows 7 pro, i7,8gb NVR) b. Provide materials and labor to install 8 interior dome JP cameras. (6012, 6013,DS-2CD2732F-IS and brackets). c. Provide materials and labor to install 2 outdoor rP Samsung cameras. (6011 R) d. Provide material and labor to install 2 IP PTZ Samsung Cameras 6200H, l 6320RH and brackets. e. Provide materials and labor to install thirteen ( J 3) Exacqvision IP camera license to DT Exacqvision NVR server. f. Provide materials and labor to install one (01) 24 port POE switch l 0/ I 00/l GB. g. Provide materials and labor to pole mount, configure and test 1 outdoor KBC wireless kits for JP PTZ data/video. (Host and client), (local power to poles provided by others) h. Provide labor to terminate, program, configure and test all IP cameras on DT Exacqvision NVR server. All prices are valid for 30 days from date ofresponse. Labor Material Tax Total $ 12,864.00 $ 24, 181.04 $ 2,236.75 $ 39,281.79 Submitted by: Jose Rivera Project Engineer ( 408) 298-3134 ( 408) 210-4 702 Cel I J rive ra(cvspri g;e lect1·ic.co111 ~~·-· Approved by: ---'C""--:;v _____ ~------- Confidential Date: 11/18/2015 Date: /I-~() -~OJS I l/18/2015 CUPERTINO (/) '::1' -c· ~ 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www.Cupertino.org VENDOR 3661 -SPRIG ELECTRIC &> SPRIG ELECTRIC 3. 1860 S 10TH ST m SAN JOSE, CA 95112 a REFERENCE# QUANTITY llWi DESCRIPTION 1.0000 Each !! ~ 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www.Cupertino.org Purchase Order No. 2016-00000410 DATE 01/07/2016 PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES, SHIPPERS, BILL OF LADING AND CORRESPONDENCE DELIVER BY SHIP VIA FREIGHT TERMS PAGE 1 of1 ORIGINATOR: Chylene Osborne DESCRIPTION: Camera system upgrade -Sports Cente UNIT COST TOTAL COST 39,281.7900 $39,281.79 570-87-836 900-990-Capital Outlay Special Projects -PW 39,281.79 ... TOTAL DUE $39,281.79 • DATE 01/07/2016 Authorized Signature Special Instructions ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 1/6/2016 THIS CERTIFICATE IS ISSUED AS A MATIER 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: Arthur J. Gallagher & Co. ~.~.QN,.\'n ~ ..... I FAX Insurance Brokers of CA. UC #0726293 iAJC Nol· E-MAIL One Almaden Blvd. Suite 960 ADDI><:<><>· San Jose CA 95113 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A :Old Republic General Insurance Corp 24139 INSURED INSURER B :Starr lndemnitv & Liability Company 38318 Sprig Electric, Co. INSURER c: Continental Casualty Companv 20443 1860 S. 10th Street INSURER D: Great American E&S Insurance Comoan 37532 San Jose,, CA 95112 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 1607941631 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ·~· POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DDNYYYI IMM/DDNYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY y y A1CG02321500 4/1/2015 4/1/2016 EACH OCCURRENCE $1,000,000 ~ D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrencel $500,000 MED EXP (Any one person) $15,000 - PERSONAL & ADV INJURY ~ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Cl 0PRO-OLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: Deductible $25,000 A AUTOMOBILE LIABILITY y y A 1 CA02321502 4/1/2015 4/1/2016 ~~~~~id~~tl:;;INGLE LIMIT $1,000,000 -x ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED ~SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED fp~?~~~~~t?AMAGE x HIRED AUTOS x AUTOS $ - $ B UMBRELLA LIAB HOCCUR 1000021680 4/1/2015 4/1/2016 EACH OCCURRENCE $10,000,000 x EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 OED Ix I RETENTION $ 0 $ A WORKERS COMPENSATION y A1CW02321604 1/1/2016 1/1/2017 I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 c Leased/Rented Equipment 6017183521 4/1/2015 4/1/2016 Limit 75,000 D Pollution/Professional Incl. Mold PCE394893203 4/1/2015 4/1/2016 Pollution $2MM elm/ $2MM agg Professional $5MM elm/ $5MM agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project No. 2016-07 / Sprig Job #4265 /Contract Amount: $39,281.79 /Account# 570-87-836-900.990 RE: Sports Center, Camera Upgrade. Additional lnsured(Where required by written contract per attached forms): City Of Cupertino, its engineer, and each of its directors, officers, agents and employees, as determined by the City. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Cupertino 10300 Torre Ave ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95035 AUTHORIZED REPRESENTATIVE / t '(/ J: .!;,_ ,,, '.'-/7/,.f7/ / ¢-jJ.?~'f· I ,( / . © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 thjs agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule .... ------·--------------- WliERE REQUIRED BYWRIITEN CONTRACT IN ALL STATES WHERE APPLICABLE. This endorsement changes the policy to which it is attached 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 01/01/2 016 Policy No. A1CW02321604 Endorsement No. 000 Insured SPRIG ELECTRIC CO. Prel1JiLil1)·; (_f,. Insurance Company Countersigned by r_/~t.f-7ti.--/7z.::.'J.-/J{ c/:./\._. OLD REPUBLIC GENERAL INSURANCE CORPORATION WC000313 (Ed. 4-84) ® 1963 National CouncH on Compensation Insurance. I I I I ! I I I I ' I j OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF OTHER INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, B. -General Conditions, .5. -Other Insurance, a. is repfaced by the following: a. For any covered "auto" you own, this Coverage Form provides primary insurance. Named Insured Policy Number Policy Period However, If there is other collectible insurance, the insurance provided by this coverage Fonn with respect to such covered auto, Is excess over such other ooUeotlble Insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other coflectibfe Insurance. However, while a covered "auto" which is a 'trailer'' is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" Is: (1) Excess while it is connected to a motor vehicle you do not own; (2) Primary while it is connected to a covered "auto" you own. However, if there Is other collectible Insurance with respect to such "trailer," the insurance provided by this Coverage Form is excess over such other co!lectible Insurance. Sprig Electric Company A1CA02321502 Endorsement No. 04/01/15 to 04/01/16 Endorsement Effective Date: 04/01/2015 Producer's Name; Producer Number: AUTHORIZED REPRESENTATIVE DATE CA EN GN 0019 09 06 POLICY NUMBER: A1CA02321502 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organlzatlon(s) who are "insureds" under the Who Is An Insured Provi~ sion of the Coverage Form. This endorsement does not after coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 04/01 /15 Countersigned By: Named Insured: SPRIG ELECTRIC COMPANY £Authorized Reoresentative) SCHEDULE Name of Person{s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement wlll be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule Is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of1 0 POLICY NUMBER: A 1 CA02321502 COMMERCIAL AUTO CA0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Sprig Electric Company Endorsement Effective Date: 04/01/2015 Name{s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04 44 0310 Copyright, Insurance Services Office, Inc., 2009 Page 1of1 POLICY NUMBER: ·A1CG02321500 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s} Or Organization(s): Location(s) Of Covered Ooerations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. 8. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1of1 D POLICY NUMBER: A1CG02321500 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): tions WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1of1 D OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organl.zation(s): Location(s) of Covered Operations As required by written contract: Information required to complele this Schedule, if not shown above, will be shown In the Declarations. The insurance provided by this endorsement Is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown fn the schedule above unless the other insurance is provided by a contractor other than the person or organization shown ln the schedule above for the same operation and job location. if so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV -Commercial General Liability Conditions. Alt other terms and conditions remain unchanged. Named Insured Sprig Electric Company Policy Number A1CG02321500 Endorsement No. Policy Period 04/01/2015-04/01/2016 Endorsement Effective Date: 04/01/2015 Producer's Name: Producer Number: DATE CG EN GN 0029 09 06 POLICY NUMBER: A1CG02321500 COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT Information reauired to comolete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1