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16-068 JJR Construction Inc., Concrete Improvements at Homestead Rd and Barranca DriveAGREEMENT BETWEEN THE CITY OF CUPERTINO ANDJJR CONSTRUCTION INC. FOR CONCRETE IMPROVEMENTS AT HOMESTEAD ROAD & BARRANCA DRIVE THIS AGREEMENT, for reference dated February 25, 2016, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and JJR Construction, Inc. a California corporation, whose address is 1120 9th Ave, San Mateo, CA 94402-1426 hereinafter called the Contractor, 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 Concrete Improvements at Homestead Road at Barranca Drive, in accordance with the provided design for new curb & gutter and sidewalk that is typical of City Standard Detail. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within five (5) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified,and to do all work strictly in accordance with Page 1of25 Contractor Agreement Homestead Road & Barranca Drive Pavement Engineering, Inc. Plans dated August 2015 attached hereto as Exhibit "A" and incorporated herein by this reference and City Standard Specifications & Drawings are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "B" 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 capital improvement fund. 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 the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of Five Hundred Dollars ($500) per day for 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 the 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 called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the 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 Page 2 of 25 Contractor Agreement Homestead Road & Barranca Drive the completion of the work caused by an act of God or of the public enemy, acts of the 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 (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final and conclusive . 5. STANDARD 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 the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City 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 other federal, or state rules and regulations. Contractor shall indemnify 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 Page 3 of 25 Contractor Agreement Homestead Road & Ba rranca Drive 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, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to · obtain executed indemnity agreements with prov1s1ons identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with 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 Page 4 of 25 Contractor Agreement Homestead Road & Barranca Drive covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Contractor to complete the attached Document 00530 Insurance Forms. limits: A. COVERAGE: Contractor 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 Bodily Injury: $2,000,000 each occurrence $4,000,000 aggregate -all other Property Damage: $2,000,000 each occurrence $4,000,000 aggregate If 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 Page 5 of 25 Contractor Agreement Homestead Road & Barranca Drive B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D . ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: No bonds are required for this project. Page 6 of 25 Contractor Agreement Homestead Road & Barranca Drive 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such 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. Written 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 partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) 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 in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and 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. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business Page 7 of 25 Contractor Agreement Homestead Road & Barranca Drive License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor 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 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. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts 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 receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: Page 8 of 25 Contractor Agreement Homestead Road & Barranca Drive All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10300 Torre A venue Cupertino CA 95014 Attention: Roger Lee All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: JJR Construction, Inc. 1120 9th Ave, San Mateo, CA 94402-1426 18 . URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric 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). 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 Page 9 of 25 Contractor Agreement Homestead Road & Barranca Drive contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start 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 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. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385 . 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance 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 option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: 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 Page 10 of 25 Contractor Agreement Homestead Road & Barranca Drive hazardous waste. A. PREY AILING 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 the City for all employees and subcontractors in a preapproved format or a City provided form . Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 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 l 1h times the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Contractor 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 Labor 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. Page 11of25 Contractor Agreement Homestead Road & Barranca Drive 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: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. 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 herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 36. 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. Page 12 of 25 Contractor Agreement Homestead Road & Barranca Drive P.O. No.: /,() l (p ... ~ ~ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO JJR Construction, Inc. By ~~ Name ~~f~JO Title ~cf,~ Date ~d6 Address 1/20 d~ Are . J1m /4-reo , a 91/@L 7 Timm Borden, Director of Public Works Date s /11 (/(le; RECOMMENI~-~~pR APPROVAL: By A~ _ef 2--- ( Title /ft,,,,,,/(/ L A>< .. ,.£'" ~~5 APPROVED AS TO FORM: ()oJJA/ BY~~~~~~~~~~~ ~andolph Horn, City Attorney ATIEST: ~ ~~ Grace Schmidt, City Clerk {o r-{ .-(l:, Contract Amount: $57,387 Account No.: 270-99-029 c'(oo-fO~ fvo~ ~T . O ll, 0~.6( Contractor Agreement Page 13 of 25 Homestead Road & Barranca Drive § ' " ' "· ~. \) . . ;\ , I '·; ,. ,. I 0 :;:: m en -I m )> 0 ;o ~ ----- ' ' ' a ) 'l:JO lf::J NVl:ll:J\18 \ ~ ~ 1 ' I ~ I I \ I \ I ~ \ ~ \ } \ $ \~ J.J.R . CONSTRUCTION, INC 3/14/16 City of Cupertino Re: Homestead Road and Barranca Concrete Sidewalk Installation J.J.R. Construction is pleased to submit a lump sum priced proposal to complete the following work for the referenced project above. Scope: 1) Demolition of sidewalk area to place soil, demolition of existing AC berm, clearing and grubbing of new sidewalk area in excess of normal clear and grub., Installation of two drain boxes, installation of two mini footings for push buttons and relocation or adjustment of utility boxes= $18,552.00 2) Curb & Gutter= 189'/lf@$44.00 = $8,316.00 3) Sidewalk= 560'/sf@ $9 .70/per sf= $5,432.00 4) Asphalt Pavement= 32 Ton@ $210.00/per ton= $6,720.00 5) Accessability Ramps= 3/each@ $2,789 .00/each = $8,367.00 6) Traffic Control = $10,000.00 Lump Sum= $57,387 .00 Excludes: Night or weekend work, colored concrete, signing or striping, electrical, landscaping, storm or sewer permits, any item not specifically mentioned is excluded. 1120 NINTH AVE, SAN MATEO, CA 94402 650-343-6109 (P) 650-343-6207 (F) CERTIFIED DBE# 40008 CONTRACTOR STATE LICENSE# 665645 CLASS "A" JJRCONS-01 KB ORN ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DDIYYYY) ~ 4/8/2016 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 po li cy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certai n po licies may requ i re an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 CONTACT NAM E: Concord, CA -HUB International Insurance Services Inc. rl)gNJo Extl : (925} 609-6500 I iti~. Nol: (925} 609-6550 2300 Clayton Rd . E-MAIL Concord , CA 94520 ADDRESS: INSU RER(S) AFFORDING CO VERA GE NAIC # INSUR ER A: First Mercury Insurance Company 10657 INSURED INS URER B : West American Insurance Co 44393 JJR Constr uction, Inc. IN SURER c: RSUI Indemnity Company 22314 1120 9th Avenue INSU RER 0 : State Compensation Insurance Fund of California 35076 San Mateo, CA 94402 INSURER E: INS URER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER: TH IS IS TO CERT IFY THAT TH E POLICIES OF INSURANCE LI STED BE LOW HAVE BEEN ISSUE D TO THE INSURED NAMED ABOVE FOR TH E POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQU IRE MENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEC T TO WHICH THIS CERT IFI CATE MAY BE ISSUED OR MAY PERTAIN, THE IN SURANCE AFFORDED BY THE POLI CIE S DESCRIBED HEREIN IS SUBJEC T TO ALL THE TE RMS, EXCLUS IONS AND CONDI TION S OF SUC H POLICIES . LIMI TS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AUUL l:SUtsR POLICY EFF POLICY EXP LI MIT S LTR INSD WVD POLICY NUMBER (MM/DD IYYYY I IMM /D DIYYYY I A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS -M ADE 0 OCCUR U"N'"'-'C I U "c" I t:U x WACGL000006045 101 01/01/2016 01/01/2017 PREM ISES (Ea occurrence} $ 50 ,000 MED EXP (Any one person) $ 5,000 - PERSO NAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIM IT APPLIES PER : GENERAL AGGREGATE $ 2 ,000,000 R 0PRO-DLOC PRODUCTS -COMP/OP AGG $ 2 ,000,000 POLICY JE CT OTHER: Policy Aggregate $ 10,000,000 AUTOMOBIL E LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 IEa accident\ B x ANY AUTO x BAW55893485 01/01/2016 01/01/2017 BODILY INJURY (Pe r person) $ f--AL L OWNED -SCHEDULED BODILY INJURY (Per acciden t) $ -AUTOS x AUTOS x NON-OWNED PROPERTY DAM AGE $ HIRED AUTOS AUTOS IPer accident! -- $ UMBRELLA LI AB MOCCUR EACH OCCURRENCE $ 5,000 ,000 c x EXCESS LIAB CLAIMS-MADE NHA239375 01/01/2016 01/01/2017 AGGREGAT E $ 5,000,000 OED I x I RETENTION$ 10,000 $ WORK ERS COMPENSATION x I ~f~TUTE I I OTH- AND EMPLOYERS ' LI ABILITY ER D YIN x 914966816 01/01/2 016 01/01/2017 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXC LUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000 ,000 If yes, des cribe under DESCRIPTION OF OPERAT IONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCA TI ONS I VEHICLES (ACORD 101, Additiona l Rem arks Schedule, may be atta ched if more space is req uired) Re: Homes tead Ro ad Sidewalk Improvem ents City of Cup ertino, its directors, officers, agents and employees, as additional insured pe r CG 2010-07 04 & CG2037-0704, p rim ary & non -contri buto ry wordi ng per FMICGL 1002-1015, auto additional insured including primary wording per CA8810-0113, workers compens ation wa iver o f subrogation per SCIF Form 10217-0714 all as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupe rtino ACCORDANCE WITH THE POLICY PROVIS IONS . Public Works Dep artment 10300 Torre Ave., Cupertino, CA 95014-0000 AUTHORIZ ED REPRESENTATIVE ~~rdL_ I © 1g88-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) The ACORD name a nd logo are registered marks of ACORD POLICY NO . WACGL000006045101 COMMERCIAL GENERAL LIABILITY CG 2010 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 Operations As required by written contract signed by both parties All Locations prior to the loss 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. B. 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 lnsured(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 en· gaged in performing operations for a principal as a part of the same project. CG 2010 0704 ©ISO Properties, Inc., 2004 Page 1of1 D POLICY NO. WACGL000006045101 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 LIABJLllY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or OraanlzatlonCsl: lions As required by written contract executed prior to As required by written contract executed prior to the "bodily injury" or 11property damage". the "bodily Injury'' or "property damage".; Loca· tion & Description: Any location where "your work" is performed, but only with respect to com- plated operations covered under this policy for "Commercial Construction". "Commercial Con - structlon" means all construction activity that is not "Residential Construction". "Residential Con - struction" means any construction operations, work or activities performed on any "residential property". "Residential property" means any of the following types of buildings, units or struc- tures: single or multi-family dwellings, condomin- iums, townhomes Including zero lot line town- homes, cooperative apartments, time-shared properties, and the entirety of any commercial or mixed use building, unit or structure of which any of the foregoing forms a part. "Residential proper~ ty" also Includes any common areas and Infra- structure associated with any of the foregoing. Any building, unit or structure that becomes or is converted to "residential property" shall be deemed to be "residential property" as of the date of Its original construction. "Residential property" does not Include apartments that are not any of the foregoing and that are intended to be leased or rented out to others.) 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary : Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured . However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached , effective on the inception date of the Policy unless otherwise stated herein. (The follow ing information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective 01/01/2016 Policy No . WACGL000006045101 Endorsement No. Named Insured JJR Construction, Inc. Countersigned by------------------ FMIC-GL-1002(10/2015) I STATE COMPe.!isATION INSU~ANCE FUiNO ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY HOME OFFICE SAN FRANCISCO POLICY NO . 9149668-16 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JANUARY 1, 2016AT12.01 A .M . AND EXPIRING JANUARY 1, 2017 AT 12.01 A.M . JJR CONSTRUCTION, INC. 1120 9TH AVENUE SAN MATEO, CA 94402 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM . SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION PAGE NOTHING I N THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS , CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: January 1, 2016 ~~-5,( PRESIDENT AND CEO SCIF FORM 10217 (REV .7·2014) 1 OF 1 2572 OLD DP 217 POLICY NO. BAW55893485 COMMERCIAL AUTO CA 8810 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN I LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1 . -WHO IS AN INSURED is amended to include the following as an insured: CA 8810 0113 d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc ., with its permission . Page 1of7 (2) If the Limits of Insurance of any other insurance pol icy have been exhausted ; or (3) To "bodily injury " or "property damage " that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS S ECTI ON II -LIABILITY COVER AGE, paragraph A.1 . -WHO IS AN IN SUR ED is ame nded to inc lu de the foll ow ing as an insured: f . Any "e mployee" of yours whi le using a covered "a uto " you do not own , hire or borrow, but only for acts within the scope of their employment by you . Insurance provided by this endorseme nt is excess over any other insurance available to any "employee ". g. An "empl oyee " of yours while operating an "auto " hired or borrowed under a written contract or agreement in that "em ployee 's" name, w ith your pe rmi ssion, wh ile performing duties related to the conduct of your business and within th e scope of their emp loyment. Insurance provided by this endorsement is excess over any other insurance avai la ble to th e "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT S ECTI ON II -LIA BILIT Y COVERAGE, paragraph A.1 . -WHO IS AN IN SURED is ame nded to include the followi ng as an insured: h. Any person or organ iz ation w ith respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written cont ract, agreement, or permit issued to you by governmental or pub lic autho rit y, to add such person, or organization, or governmental or pub lic authority to th is policy as an "insured ". Ho weve r, such person or organization is an "i nsured": (1) On ly w ith respect to the operat ion, maintenance or use of a covered "a uto "; (2) Only for "b odily injury" or "property damage " caused by an "acci dent " which takes place after you exec uted the wri tt en contract or agreement, or the permit has been issu ed to you; and (3) Only for the duration of that contract, agreement or permit 4 . SUPPLEMENTARY PAYMENTS SECT ION II -LIABILITY COVERAGE, Coverage Extensions, 2.a Supplementary Payments , paragraphs (2) and (4) are replaced by the f o llo wing: (2) Up to $3,000 fo r cost of bail bonds (including bonds for related traffic violations) re quired because of an "acc ident" we cove r. We do not have to furnish these bonds. (4) All reasonable expenses in cu rred by th e insured at our request, inc lu d ing actual lo ss of earnings up to $500 a day because of time off from wo rk . 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those juri sdic t ions where, by law , fellow employees are not ent itl ed to the protection afforded to the emp loye r by the workers compensation exc lusivity rul e, or simi lar pro tect ion, the follo wi ng provision is added : SECTION II -LIABILITY, excl usion B .5. FELLOW EMPLOYEE does not apply if the "bodily injury " re su lts from the use of a cove red "au to " you own or hire . SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE CA88100113 Paragraph A.4 . Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVER AG E, is amended by adding th e follo wing: If hired "autos" a re cove re d "autos" for Liability Coverage, and if Comprehensive , Specified Causes of Loss or Co llisi on coverage are provided under th e Business Auto Coverage Form for any "auto " you own, th en the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow ; or © 2013 Lib erty Mutual In surance Includes copyrighted material of Insurance Services Office, Inc., with it s permission . Page 2 of 7 b. Your "employee " hires or rents under a written contract or agreement in that "employee 's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible : A. The most we will pay for "loss " in any one "accident " or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage . C. Subject to the limit , deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1 ,000 per "accident", we will also cover the actual loss of use of the hired "auto " if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss . E. This coverage extension does not apply to: (1) Any "auto" that is hired , rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee ". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss " in which the cost of repairs plus the salvage value exceeds the actual cash value . 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following : We will pay to w ing and labor costs incurred , up to the limits shown below, each time a covered "auto " classified and rated as a private passenger type, "light truck" or "medium truck" is disabled a For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks ", w e will pay up to $50 per disablement "Light trucks " are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less . c . For "medium trucks " , we will pay up to $150 per disablement . "Medium trucks " are trucks that have a gross vehicle w eight (GVW) of 10,001 -20,000 pounds . Ho w ever, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE CA88100113 Paragraph A.4 .a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1 ,500 © 201 3 Liberty Mutu al In sura nce Includes copyright ed material of Insurance Servi ces O ffic e, Inc ., wi th it s permis si on . Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE , A . COVERAG E, is amended by adding the following a. We will pay up to $75 per day for rental reimbursement ex penses incurred by you for the rental of an "auto " because of "accident" or "loss ", to an "auto " for which we also pay a "loss " under Comprehensive , Specified Causes of Loss or Collision Coverages . We will pay only for those ex penses incurred after the first 24 hours following the "accident " or "loss" to the covered "auto ." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto ". d. This coverage does not apply unless you have a business necessity that other "autos " available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type , we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this co v erage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects " as defined in provision 11 . 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you . The maximum amount we will pay is $1 ,000. 11. PERSONAL EFFECTS COVERAGE A . SECTION Ill -PHYSICAL DAMAGE COVERAGE , A . COVERAGE , is amended by adding the follo w ing : If you have purchased Comprehensive Coverage on this policy for an "auto" you ow n and that "auto" is stolen , we will pay, without applic ation of a deductible, up to $600 for "personal effects" stolen with the "auto ." The insurance provided under this provision is excess over any other collectible insurance . B. SECTION V -DEFINITIONS is amended by adding the following : For the purposes of th is provision, "personal effects " mean tangible property that is worn or carried by an insured." "Personal effects " does not include tools, equipment, jewelry , money or securities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTI ON Ill -PHYSICAL DAMAGE COVERAGE , B. EXCLUSIONS is amended by adding the foll ow ing : If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdo w n do es not apply to the accidental discharge of an airbag . Any insurance we pro v ide shall be ex cess over any other collectible insurance or reimbursement by manufacturer's warranty . Ho w ever , we agree to pay any deductible applicabl e to the other coverage or warranty . 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE CA88100113 SECTION Ill -PHYSI CA L DAMAGE COVERAGE , B. EXCLUSIONS , exception par agraph a. to exc lusions 4 .c . and 4.d . is deleted a nd replaced w ith the following : © 20 1 3 Lib ert y Mut ual In suran ce Inclu de s copyri ghte d mat eri a l of In sura nc e S ervi ces Offic e , In c ., w ith its perm ission . Page 4 of 7 Exclusion 4.c. and 4.d . do not app ly to: a. El ectronic equipment that receives or transmits audio, v isual or data signals, whether or not designed so lel y for the reproduction of sound, if the equ ipment is permanently installed in th e covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "a uto's" electrical system, in or upon the covered "a uto " and physical damage coverages are provided for the cove red "auto"; or If the "loss " occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair , return or replace damaged or stolen property w ill be reduced by a $100 deductible . 14. LOAN I LEASE GAP COVERAGE CA88100113 A. Paragraph C ., LIMIT OF INSUR ANC E of SECTI ON Ill -PHYSICAL DAMAGE COVER AG E is amended by adding the following: Th e most we wi ll pay for a "total loss" to a cove re d "a uto" owned by or leased to you in any o ne "accident" is the greater of the : 1 . Balance due under the terms of the loan or lease to which the damaged covered "auto " is subject at th e time of th e "loss " less the amo unt of: a . Overdue payments and fin ancia l penalties associated w ith those payments as of th e date of the "loss'', b. Financial pena ltie s imposed under a lease due to high mileage, excess ive use or abnorma l wear and tear, c . Costs fo r exte nded warranties, Credit Life In su rance, Health, Accident or Disability Insurance purchased wi th the loan or lease, d . Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Lo an'', f. The dollar amount of any unrepai red damage which occ urred prior to the "total lo ss" of a cove red "auto", g. Security deposits not refun ded by a le ssor, h. All refunds payable or paid to you as a result of the early termination of a lease agreeme nt or as a result of the early termination of any warranty or extended serv ice agreement on a covered "auto ", i. Any amount representing taxes, j. Loan or lease termination fees ; or 2. The actual cas h va lu e of the damage or sto len property as of the time of t he "lo ss". An adjustment for depreciation and physical condi tion w ill be made in determining the actual cas h value at the ti me of the "lo ss". This adjustment is not applicable in Texas. B. ADDIT IONA L CONDITIONS This coverage applies on ly to th e or igina l loan for wh ic h the covered "a uto " that in c urred the loss serves as colla teral, or lease written on the covered "au to " that incurred the loss. C . SECT ION V -DEFINTIONS is changed by adding the fo ll owing: As used in this endorsement provis ion, th e following definitions app ly: "Tota l lo ss" means a "loss " in w hich the cost of repairs plus the salvage va lu e exceeds th e actual cash va lu e. A "balloon loan " is one w ith periodic payments that are in suff ic ient to repa y th e balance over t he term of the loan, thereby requiring a large fin al payment © 2013 Lib erty Mutual In surance Includ es copyrighted material of Insura nce Services Office, Inc ., with its pe rmi ssion. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PH YSICAL DA MAGE COVERAGE is amended by the addition of the following : No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following : The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs . or less as defined by the manufacturer as maximum loaded weight the "auto " is designed to carry while it is: a . In the charge of an "insured"; b. Legally parked ; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto " must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business . 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if l.\No or more company policies or coverage forms apply to the same accident , the follo w ing appli es to paragraph D. Deductible : a. If the applicable Business Aut o deductible is the smaller (or smallest) deductible it will be waived ; or b . If the applicable Business Auto dedu ctible is not the smaller (or smallest) deductible it will be redu ced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived . For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV-BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following : If you unintentionally fail to disclose any hazards , ex posures or material facts ex isting as of the inception date or rene w al date of the Business Auto Coverage Form, the coverage afforded by this policy w ill not be prejudiced. Ho w ever, you must report the undisclosed hazard of ex posure as soon as practicable after its d iscov ery , and we hav e the right to colle ct add itiona l premium for a ny su ch hazard or ex posure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS CA 88 10 01 13 SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the follo w ing: a. In the event of "acc id ent ", claim , "suit " or "loss", you must promptly notify us w hen it is kno w n to: 1. You , if you are an individual ; 2. A pa rtner , if you are a partnersh ip ; 3 . Membe r, if you are a lim ited li a bility co m pa ny ; 4 . An exec uti ve offi ce r or th e "empl oy e e" de signa t ed by the Nam ed Insured to gi ve su ch no t ice , if you are a cor po ration . © 20 1 3 Lib ert y Mutu al In s ur ance Inclu des copyright ed mat eri al of In sur ance Services Offi ce , In c .. wi th it s permission . Page6of7 To the extent possible, notice to us should in clude: (1) How, when and where the "accident" or "loss " took place ; (2) The "insureds" name and address ; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following : If the person or organization has waived those rights before an "accident " or "loss ", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory , is amended by the addition of the following: f. For "autos " hired 30 days or less , the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "s uit ", on the merits , in th e United States , the territories and possessions of the United States of America , Puerto Rico or Canada or in a settlement we agree to . This extension of coverage does not apply to an "auto" hired, leased , rented or borrowed w ith a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEF INT IONS , definition C is replaced by the followi ng : "Bodily injury " means physical injury, sickness or disease sustained by a person , includ ing mental anguish , mental injury , shock, fright or death resulting from any of these at any time . COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION CA88100113 COMMON POLICY CONDITIONS , pa ragraph A.-CANCELLATION condition applies except as follows : If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured w ritten notice of ca ncell ation at leas t 60 days before the effective date of cance llation . This provision does not apply in those states which require more than 60 day s prior notice of cancellation . © 2013 Libert y Mutual In sur an ce In cludes copyrighted mat er ial of In surance Services Office , Inc ., wi th its p ermission . Page 7 of 7