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15-214 Smart Cover Systems, Storm Drain Manhole Sensing Device InstallationAGREEMENT BETWEEN THE CITY OF CUPERTINO AND SMARTCOVER SYSTEMS FOR STORM DRAIN MANHOLE FLOW SENSING DEVICE INSTALLATION THIS AGREEMENT, for reference dated December 15, 2015, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Smart Cover Systems, a California corporation whose address is 2067 Wineridge Place, Suite E, Escondido, CA 92029 hereinafter called Smart Cover Systems, 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 Smart Cover Systems desire to enter into an agreement for the installation of three storm drain manhole flow sensor devices. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: Smart Cover Systems shall begin work within four weeks after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before the expiration of ten (10) consecutive working days from the~ date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Smart Cover Systems agree, at their own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Smart Cover Systems proposal dated December 8, 2015 are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully Contractor Agreement SmartCover System Installation Page1 of/6 incorporated herein. 3. COMPENSATION TO SMART COVER SYSTEMS : Smart Cover Systems shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Smart Cover proposal dated December 8, 2015 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 the City, with checks drawn on the treasury of the City, to be taken from the Storm Drain Operation fund. 4. TIME IS OF THE ESSENCE: Smart Cover Systems and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Smart Cover Systems agrees to perform all services hereunde1· 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 pei-sonnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Smart Cover Systems intend that the relationship between them created by this Agreement is that of employer-independent Smart Cover Systems. The manner and means of conducting the work are under the control of Smart Cover Systens, 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 Smart Cover Systems 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 Smart Cover Systems, 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 Smart Cover Systems. Payments of the above items, if required, are the responsibility of Smart Cover Sytems. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor Agreement. SrnartCover System Installation Page 2of./J Smart Cover Systems assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Smart Cover Systems shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Smart Cover Systems. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Smart Cover Systems agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Smart Cover Systems's employee on the basis of rnce, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Smart Cover Systems agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Smart Cover Systems shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoevet 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 Smart Cover Systems and Smart Cover System's employees, officers, officials, agents or independent and Smart Cover Systems shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Smart Cover Systems agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every sub. Smart: Cover Systems or any other person or entity involved by, for, with, or on behalf of Smart Cover Systems in the performance of this agreement. If Smart Cover Systems fails to obtain such indemnity obligations from others as required here, Smart Cover Systems agrees to be fully responsible according to the terms of this section. Contractor Agreem.e.nt Smart.Cover System Installation Page 3' of '/.$ 10. INSURANCE: On or before the commencement of the terms of this Agreement, Smart Cover Systems shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraph lOA, B, C and D. Such certificates, which do not limit Smart Cover System's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Smart Cover Systems shall maintain in force at all times during the perform.ance of this Agreement all appropdate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates; Smart Cover Systems to complete the attached Document 00530 Insurance Forms. A. COVERAGE: Smart Cover Systems shall maintain the following insurance coverage: (1) Workers' 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 Injury: $1,000,000 each occurrence $2,000,000 aggregate -all other Property Damage: $2,000,000 each occurrence $2,000,000 aggregate If submitted, combined single limit of $2,000,000 per occurrence; $4,000,000 in theaggregate will be consklered equivalent to the required minimum limits shown above. Contractot' Agreement SmartCover System Installation. Page 4 of t.:J (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury:$1,000,000 each occurrence Property Damage: $tOOO,OOO each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Smart Cover Systems 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, Smart Cover Systems shall look solely to its .insurance for recovery. Smart Cover Systems hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to Smart Cover Systems or City with respect to the services of Smart Cover Systems herein, a waiver of any right to subrogation which any such insurer of said Smart Cover Systems may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Smart Cover Systems at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in Smart Cover System's name or as an agent of Smart Cover Systems and shall be compensated by Smart Cover Systems 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 insm:ed under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this Contractor Agreement Sma.rtCover System Installation Pages of/fi policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Smart Cover Systems. Smart Cover Systems is advised to consult Smart Cover System's insurance broker to determine adequate coverage for Smart Cover Systems. 11. BONDS: No bonds are required for this project. 12. PROHIBITION AGAINST TRANSFERS: Smart Cover Systems shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly 01' indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Smart Cover Sysh~m from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to Smart Cover Systems. The sale, assignment, transfer OJ' other disposition of any of the issued and outstanding capital stock of Smart Cover Systems , or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Smart Cover Systems is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Smart Cover Systems, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting· power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed Smart Cover System's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor 's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. Contractor Agreement Sma.rtCover: System [nstallation Page 6of15 In the event that Smart Cover Systems employs subcontractors such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by subcontractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Smart Cover Systems, 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 hereundet. 15. REPORTS: Each and every report, draft, work product, map, record and other document reprnduced, prepared or caused to be prepared by Smatt Cover Systems pursuant to c)r in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agrnement. No report, information nor other data given to or prepared or assembled by Smart Cover Systems pursuant to this Agreement shall be made available to any individual or organization by Smart Cover Systems without prior approval by City. Smart Cover Systems shalt at such time and in such form as City may require, furnish reports concerning the status of services required under this Agteement. 16. RECORDS: Smart Cover Systems shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Smart Cover Systems shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Smart Cover Systems shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Contractor Agreement SmartCover System Installation Page 7 of '/J receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination 01' 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 Smart Cover Systems shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Smart Cover Systems to City shall be addressed to City at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: 'fZ09r,,r kc:-e...- All notices1 demands, requests, or approvals from City to Smart Cover Systems shall be addressed to Smart Cover Systems at: 2067 Wineridge Place, Suite E Escondido, CA 92029 18. URBAN RUNOFF MANAGEMENT: Smart Cover Systems shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Smart Cover Systems shall use as little as necessary. Smart Cover Systems shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. Smart Cover Systems shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season Contractor Agreemeut SmartCovcr System Installation Page 8 oft.; (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw- cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Smart Cover systems shall remove all debris to avoid contact with rainfall or nmoff. E. Smart Cover Systems shall maintain a clean work area by removing trash, Iitter1 and debris at the end of each work day. Smart Cover Systems shall also clean up any leaks1 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 States Best Management Practices Municipal and Construction Handbooks, local prngram 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 notices1 citations, project stop orders or fines, The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on Smart Cover Systems , pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Smart Cover Systems fails or refuses to perform any of the provisions hereof at the time and in the manner required heretmder1 Smart Cover Systems shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Smart Cover Systems from City of written notice of default1 specifying the nature of such default and the steps necessary to cure such default City may terminate the Agreement forthwith by giving to Smart Cover Systems written notice thereof. Contractor Agreement. SmartCover System Installation Page 9of1$' City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Smart Cover Systems as provided herein. Upon termination of this Agreement, each parly shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Smart Cover Systems shall comply with all state or federal laws and all ordinances, rules and regulations enacted 01· issued by City. Specifically, and without limitation, Smart Cover Systems shall comply with all state, federal, or local regulation tegarding the removal and disposal of hazardous waste. A. PREVAILING WAGES: To the extent applicable, Smart Cover Systems shall comply with the City's Labor Compliance Program and all othet requirements set forth in Labor Code section 1770 et seq. Smart Cover Systems shall pay prevailing wages. Smart Cover Systems will submit monthly certified payroll records to the City for all employees and sub. Smart Cover Systems in a preapproved format 01· a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Smart Cover Systems. B. WORKING DAY: To the extent applicable, Sma:rt Cover Systems shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of S.mart Cover Syste.ms in excess of 8 hours per day, and 40 hours during any one week~, must be co.mpensated as overtime, at not less than 1 1h times the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Smart Cover Systems 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 f:or inspection as provided in California Labor Code Section 1776. D. APPRENTICES: To the extent applicable, Smart Cover Systems shall comply with California Labor Code Section 1777.5 regarding apprentices. Page10of11 Contractor Agreement SmartCovcr System [nstallation 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Smart Cover Systems 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: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term1 covenant, or condition contained herein, whether of l:he same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature wh.atsoever 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 Smart Cover Systems. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein1 and the Agreement shall be rea:d and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be anwnded to make such insertion on application by either party. Con.tractor Agreement SmartCover System Installation Page 11 ofld 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. Confrador Agreem.enf SmartCover System Installation Page 12of'U P.O. No.: ?-.o/ b -Lf 17 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. SMART COVER SYSTEMS By Name...,_...,_-+--fi+-..,__,.,_,,i_~_ Title Date I ,/ 11 ( l k CITY OF CUPERTINO A Municipal Corporation By~~-­Tin~orden, Director of Public Works Date l/a,J/lz J Address__812f; r i,Jme._r1'dqe,Pt 5~.JefTitle £5undicl di cf\ 'lr:J.-'Dd."L APPROVED AS TO FORM: ATTEST: ~+-1~21--tb . ~.( Q 0 S-b Grace Schmidt, City Clerk Contract Amount: ~ l 7 l .. Account No.: /,x:> -B'i-818 100-70)_ Contractor AgreeUlent SmartCovei: System Installation Page13of/3 TURNING YOUR DATA INTO DECISIONSrn QUOTATION For Cupertino Sanitary District Offered by SmartCover® Systems ™ Attn: Roger Lee SmartFLOE™ Quotation Date: Quote Validity: 30 days. By: Charlie Kanturek G3 Engineering Representing SmartCover Systems rM SMA~TC:CVEA© 5'-r'STEMS™ ~:=~ TURNING YOUR DATA INTO DECISIONS'" ..... Section I: Pricing SmartCover® Systems TM (SCS) is pleased to provide the following Proposal for SmartFLOE™ flow estimating and level monitoring system. Please find in this document: Pricing Summary as shown in Section 1, a complete System Description in Sections 2-5, Warranty statement in Section 6, and Acceptance in Section 7. Part Number SF-Q-S-25 Parts Warranty ASM-SF1 ASM-RD-1Y Installation Freight Out Tax TOTAL Pricing Summary: SmartFLOE™ Unit Unit Description Qty. Price (Each) SmartFLOE™ System Components E-Box System Control with onboard computer, modem, digital radio; fully potted and IP-68 rated. Distance Sensing Module (DSM) with 3" to 81" sensor range, with 15' cable. PowerPack®-lithium thionyl chloride battery with high power 3 $3,785 density. E-Square™ antenna, including antenna and installation kit. Mounting bracket kit-three-part amounting bracket set made of heavy gauge, hard-anodized aluminum; includes all mounting hardware. One (1) Year, Parts-Only Warranty Limited Parts-Only Warranty on all system SmartCover® 3 Included hardware. See Warranty Statement for complete details. Active Site Management (ASM}, One-Year. Comprehensive support services including: • Software subscription with unlimited number of users accessed with secure user name and password • Complete maintenance of all cloud based software • Regular feature updates and upgrades including the all new SmartTrend™. 3 $595 • Hosting of data storage -unlimited data storage • Iridium Satellite connectivity service with bi-directional communication. • Advisories, Maintenance Alerts and Alarms issued to customer defined personnel via email and/or text message • Onqoinq technical support via phone or online . SmartRain Data: Rain Data Integration with SmartCover 1 Unit This data can be overlaid onto 3 SmartCover locations Installation Labor by SmartCover Systems Technician $250 per unit Shipping and Handling, UPS Ground 3 City of Cupertino Tax Rate (8.75%) 3 All items SmartCover® Systems™ 2067 Wineridge Place, Suite E, Escondido, CA, 92029 760-291-1980 www.hadroncx.com Hadronex, Inc. is now doing business as SmartCover® SystemsTM Extended $11,355 Included $1,785 Included $750 $96 $993.56 $14,979.56 2 ~~® JTM I DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE R054 12/23/2015 THIS CERTIFICATEIS 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 SUBROGATIONIS 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: PAYCHEX INSURANCE AGENCY INC/PHS PHONE liAX (NC, No, Ext): (NC, No): ( 8 8 8 ) 443-6112 210756 P: F: (888) 443-6112 E-MAIL ADDRESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURERA: Hartford Accident & Indemnity Co 22357 INSURED INSURER 8: INSURERC: HADRONEX INC INSURER D: 2067 WINERIDGE PL INSURER E: ESCONDIDO CA 92029 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JN.\'R TYPE OF INSURANCE AIJDL SUHR POLICY NUMBER POLICYEFF POLICY EXP LIMITS ,,-n "'"" ""~ tiffM/DDIVYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MADE OoccuR DAMAGE TO RcNTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ -PERSONAL & ADV INJURY $ - GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ RPOLICY D PRO-D LOG PRODUCTS -COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ,___ ANY AUTO BODILY INJURY (Per person) $ ,___ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ,___ -HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ --~ UMBRELLA LIAB YOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDI !RETENTION$ $ WORKERS COMPENSATION X l~~~TUTE I IOTH- AND EMPLOYERS' LIABll/TY '· ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? D NIA f---$1,000,000 A (Mandatory in NH) 76 WEG GH3220 10/01/2015 10/01/2016 E.L. DISEASE-EA EMPLOYEE ~ If yes, describe under E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies per Waiver of our Right to Recover from Others Endorsement WC040306 attached to this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF CUPERTINO AUTHORIZED REPRESENTATIVE -10300 TORRE AVE 7&Vz:._ /~.L:~ CUPERTINO, CA 95014 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD HAOR0-1 OP ID: ED CERTIFJCATE OF LIABJLITY INSURANCE ' .-----DATE (MMIDD/YYYY) 12/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AF.FIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holde.r Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ce.rtlficate holder in lieu of such endorsement(s). PRooucER ~2~lf:'cT Jack Brouwer, CIC Brouwer Insurance Agency ...!P""H~ON~E~.-__:::.::7::.::9=-=-0:...::;;;:~. ::..:.:=-.::::..:_=----------r-L=FA=x.--------·--·-- Lice:nse # 0454226 _ce,1.q •• ~.2.£~!): ~7 45•5151 @C, No): 760-741-~?08 725 E. Valley Parkway ~#&'~~ss: ''--~_c.--'-'-.:._------ Escondldo, CA 92025 1-==="-----------··-----·------..--------1 Jack Brouwer, CIC ·-·----INSURER($) AFFOROING COVERAGg _______ .. ________ •. ,_. __ .@!Q_IL_ --·-·---·--·-·------------------·-··-·---INSURER A: Atain Special!}t Comeany ·-·--·-·-··------·-··--·· 1I159 __ 1NsuReo H0ad7rown~x, l_ndc. Pl #E _1~~RER~:U_!'lited Fi_r:!.Cl,r:!.~~! ... Q.Cl.~~§!.!!Y...Comp 11770 _ 2 6 men ge ace Escondido, CA 92029 _ rNsU.f!§~£L.----·--'-----------· ·---·--··-··· .. ·······-----··-·----·-··-··· INSURER D: L-'------~-----·-·~·--~-----~---·--~·------·-----·----·----------.--~ .. ·--~- .• INSQ.~§~_§.!_. ___ ·-·--·-·---·---···-----··----·-----·--·-·-····· ·-------·+--·-·----- fNSUReR F: COVERAGES CERllFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POUCY 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 PAIO CLAIMS, 1NN I TYl'E OF INSURANCE A X .~DMMERCIAL GENERAL LIABILITY d ~~·=-~~~'-- GEN'L AGC!REGATE LIMIT APPLIES PER-1~~-~1 :~~I~~[~] ~~T [] LOG UMBReLLA LIAS .J J OCCUR -·-EXCESS LIAB CLAIMS·MADE oeo~rl ~t:r~~TI~~; ·--·-- ADDL1<>utm "''"'IWVn x WORKSRSCOMPENSATION ! I ANO EMPLOY!ZRS' UABILl'(Y y / N I I ANY PROPRIEWRIPARl'NER/EXECUTIVE 01· I OFflCllRIMEMBER EXCLUDED? NI A (Mandatory In NH) If yos, describo und.Jr DESCRIPTION OF OPERATIONS below CIP239821 06264245-7 02f01/2015 CE~~~~~~~t SINGW LIMIT $ 1,000,000 L_._:!QJ_J ___ . ____ ··--·---·-·-·· ---·---·· .. ··-···-···---02/01/20Hi ilODILY INJURY (l'fJr parson) S BOOIL Y INJURY (Por accident) S PfWJ'ERWb'AWiGE ----·-s -·-·-·--·-····-···· j!:Qr acclQ.g!ill_ ______ ._ .. ·--------·-------···--··· s _JlJ~rv.m .. L .. J~i1.~----·--------·---·· .. E.L~_ACH AQ.Q.IOENT ____ ,_!_ ______ ·--·-·-- _EJ:,_Q_l§_~SE • f!A EMPLQ!§E .!_---··------....... ·····- E.L DIS!!ASE. ·POLICY LIMIT S OESCRIPT!ON OF OPERATIONS I LOCATIONS/VEHtcu:s (ACORD 101, Add!Uonal Ro marks Scllodute, may be aUaetied If more Spaco rs requlwd) Certificate holder Is additional insured per attached endorsement CG 20 33 0407. !Auto additional insured endorsement pending, CERTIFICATE HOLDER CANCELLATION CITY-19 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAl'ION DATE THEREOF, NOTICE WILL BE DELIVERED IN' City of Cupertino ACCORDANCE WITH THE POL.ICY PROVISIONS. 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino, CA 95014-3202 )t/3~ I © 1988-2014 ACORD CORPORATION. Alt rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ' i COMMERCIAL GENERAL LIABILITY C:G 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE ~EAD IT CAREFULLY. ADDITIONAL .INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STf\ TUS WHIEN REQUIRED IN CONSTRUCTION AGREEJVIE.NT WITH YOU This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section ll -Who Is An Insured is amended to include as an additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liabflity for "bodily Injury", "property damage" or "personal aM 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 rnsured. However, the insurance afforded to such additlorral Insured: ' 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional Insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to tile insurance afl'orded to U1ese additional insureds. the followln~J additional exclusions apply: This Insurance does not c-1pply to: 1. "Bodily Injury'', "property damage" or "personal and advertising Injury" arising out or the rendering of, or tile failure to render, any professional architectural, engineering or suNey!ng services, incfuding: a. The pn~paring, approving, or failing to prepare or approve. maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. supervisory, 1nspectfon, architectural or engineering actMtres. Thfs excluslon applies even If the claims against any Insured iaflege negrigence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "boclify injury" or ''property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or tJ1e failure to render any professional architectural, engineering or surveying serv!Ges. CG W 33 04 13 ©, lnsllrance Services Offi.ce, Inc .. 2012 Page 1 of 2 2. ''Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addftional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, tho following is added to Section Ill -Limits Oflnsurance: The most we 'rill pay on behalf of the additional Insured is the i~mount of Insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applloable Limits of Insurance shown In the Declarations; whichever Is less. This endorsement shall not increase the applicable Llnilts of Insurance shown in the Declarations. Page 2 of 2 ©Insurance Services Office, Inc .. 2012 CG 20 33 04 13. BROUWER INSURANCE 725 E VALLEY P't!iVY ESCONDJDO, CA 92025 1-760·745-5151 Certificate of Insurance Certificate Holder Insured Agent PROGREIJIVE0 Policy number: 06264245-7 Undenvritten by: UNITED FINANCIAL CASUALTY COMPANY December 16, 2015 Page 1 ol I clrvoF"CD'PERriNo·········"'''''"'''"''''"''''""'''ti,\fi1fo'~ifffN't' ......................................... BROLJWEii'(NSURANi:f''''"'''''"''''''"'''''"'''"•' 10300 TORRE AVENUE 2067 WINERIDGE PLACE tl<E 725 E VALLEY PKWY CUPERTINO, CA 950143202 ESCONDIDO, CA 92029 ESCONDIDO, CA 92025 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. rt confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and condit1orH of these policies. rOii.cy. Eiteaive 'Diiie: .. Feii ·; :· 2·a·1s-··· .. · · · ... · · · .... · · ...... · roiiCiExiiiraiib'ri· i:iaie; .. r~b· i'.' 2016 ... · · · · .. · · · · · · · · · · ... · · · ..... · · · ...... · .... · · · .... · ... Insurance co11erage(s) limit~ iJooi(Y'1NiunY/rROP0ERTY°OAMAG{ ................... '"$'i;(i0ifooo ·cCi~1BiNfo' si'r~'GLE 0LiMtf'. '"" ........ ' ...... " ......................... '"' UNtNSLiRED/liNDERiNSURED·~.foroA"1sf ... ' ........... ··ssoo:ooo'coMBlNED 'siNGLE°i.iMIT ............. ' ...... ' .. " ............... ' .............. . EMPLOYEiffNoN:owNEDAtifo·ri(p[j"'"""'''""'"'"'{i';6'0ifocio«:oMBiNE'D"s1'~iGLE'ilMi(''''"'"""•••••"·· .. ······ ..................... . fiii{fo' AUTO iiifoi LY0 ffiiuRYiP0ROPE0Rfr DAiViAGE .... ""$'(0'00.'ooii'coMBiNE'f) siNGLE 'LI ivii{ ... ' ......... ' ....................... ' ......... " .. . Description of LocationNehicles/Speciar Items ~~~7.~ ~~.~-~ .. ~~~.?~. ~!f.'.Y. .......... ' .......................... '"" ................................................ ' .......... ' .................................. . 2011FORDMNGER1FfKR1ADXBPA3731S MEDICAL PAYMENTS COMPREHENSIVE COLLISION Certificate number 35015NET245 $5,000 SSOODED $500 W/WAIVER DED Please be advised that the certificate holder wi'll not be notified in the event of a mid-term cancellation .. Form 5241 (10/02) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA PolicyNumber: 76 WEG GH3220 EndorsementNumber: Effective Date: 10/01/15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HADRONEX INC 2067 WINERIDGE PL ESCONDIDO, CA 92029 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 08/17 /15 Job Description BLANKET OPERATIONS ~~~~~~~~~~---,,....--.,--:--:~~~~~ Authorized Representative Policy Expiration Date: 10/01/16