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18-028 Trip Stop Sidewalk Repair, Inc., 2018 Concrete Repairs ProjectC I T Y O F m PUBLIC WORKS CONTRACT WITH TRIP STOP SIDEWALK REPAIR INC. $45,000 OR LESS C UP ERT IN O 1. PARTIES This public works contract ("Contract") is made and entered into on k:~ tt.R , Z,o t ~ ("Effective Date ") by and between the City of Cupertino , a municipal corporation ("City"), and Trip Stop Sidewalk Repair Inc . a California corporation ("Contractor") for 2018 Concrete Repairs Project. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials , equipment, supplies , transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on June 30 , 2018 ("Contract Time ") unless te1minated earlier as provided herein . Contractor 's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed . The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor 's performance and completion of the Work. Contractor must have sufficient time , resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 500.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor 's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Pai1ies agree may be difficult to asce11ain , such as loss of public confidence in City and its contractors , interference or loss of use of public facilities , and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $24 ,500 .00 ("Contract Price"), for all of Contractor 's direct and indirect costs , including all labor, materials, supplies, equipment, taxes, insurance , bonds and all overhead costs. 4 .2 Invoices and Payments . Contractor must submit an invoice on the first day of each month , Public Works Project 2018 Concrete Repairs Project Public Wo rks Coll/racl $45,00 0 /R ev. No v 3, 2017 Page I of 11 describing the Work pe1f ormed during the preceding month , itemizing labor, materials , equipment and any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice . Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete . 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker 's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional maimer and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C-61/006, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior vvritten approval from City is required for any subcontractor, and the te1ms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perfo1m the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indenu1ification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor 's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein , directly or ind irectly , by operation oflaw or otherwise , without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval which shall not be unreasonably withheld . Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs , successors and permitted assigns Public Works Project 2018 Concrete Repairs Project Public Works Contract $45,000 /R ev. Nov 3, 2017 Pnge 2 of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers , press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work v,1ith its own forces , except that Contractor may hire qualified subcontractors to perform up to 10 % of the Work , provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance ·with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor 's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107 . If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to Cfry . A Notice of Completion must be recorded w ithin 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The repmts must describe the Work and specific tasks performed, the number of workers , the hours , the equipment, the vveather conditions, and any circumstances affecting perfonnance . City will have ownership of the repo1ts, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City detennines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs , piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles , which must be available for City review and audit , kept separate from other records , and maintained for four years from the date of City 's final payment. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduc t of City personnel, Contractor shall indemnify, defend , and hold harmless City, its City Council , boards and commissions, officers , officials, employees, agents , Public Works Project 2018 Concrete Repairs Project Public Works Contract $45,000 /Rev. Nov 3, 201 7 Pa ge 3 of 11 servants , volunteers and consultants ("lndemnitees "), through legal counsel acceptable to City, from and against any and all liability , damages , claims , stop notices , actions , causes of action , demands , charges , losses and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations , representations or wananties ; (b) Perfo1mance or nonperformance of the Work or of any obligations under the Contract by Contractor , its employees, agents , servants , subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site ; and (d) Personal injury , property damage , or econom.ic loss resulting from the work or performanc e of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision . Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201 . At City 's request , Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor 's duties under this entire Section are not limited to Contract Price , Workers ' Compensation or other employee benefits , or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract , a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory ce11ificates of insurance and endorsements evidencing the type , amount, class of operations covered , and the effective and expiration elates of coverage. Failm:e to comply with this provision may result in City, at its sole discretion and without notice , purchasing insurance at Contractor 's expense , deducting the costs from Contractor's compensation, or tenninating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply ,,vith all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor 's ability to perfonn. Contractor is responsible for verifying the employment status of employees performing the Work , as required by the lnunigration Refonn and Control Act Public Works Project 2018 Concrete Repairs Project Public Wo rks Contract $45. 000 /Re v. Nov 3, 20 17 Page 4 of 11 13.2 Labor Laws. (a) Contracts of $1 ,000 or more are subject to the requirements of the California Labor Code , including but not lin1ited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification , or type of worker needed to perform the Work , including health , pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http ://www.dir.ca.gov/DLSR ; (ii) Apprenticeship requirements under Labor Code Section 1777 .5 for Contacts $30 ,000 or more ; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department oflndustrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725 .5 . (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 25.00 per worker for each day of violation. ( c) As required by Labor Code Section 1861 , by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3 700 which requires every employer to be insured against liability for workers ' compensation or to unde11ake self-insurance in accordance with the provisions of that code , and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race , religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity , Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest. Contractor, its employees , subcontractors , servants and agents, may not have , maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations . No officer, official , employee , consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest'' in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees , subcontractors , servants and agents warrant they are not employees of City or have any relationship with City officials , officers or Public Works Project 2018 Concrete Repairs Project Public Works Contract $45,000 /Rev. Nov 3, 201 7 Page 5 of 11 employees that creates a conflict of interest. Contractor ma y be re quired to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity , as defined in section 18700 of the California Code of Regulations·. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement , or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25 ,000 or more , Contractor must obtain a payment bond and a performance bond , each in the penal sum of 100% of the Contract Price , using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California , with a financial rating from A.M. Best Company of Class A-or higher, or as othenvise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City . If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor 's expense , deduct the cost from payments due Contractor, or te1minate the Contract. City will not execute the Contract nor issue the NIP until the required bonds are submitted . 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA ") 811 hotline and request marking of utility locations before digging or commencing Work . For underground service ale1ts for street lighting and traffic signal conduits , City's Service Center must be called at (408) 777-3269 . Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work , notify City in writing , and wait for instructions if one of the conditions below is found at the worksite. City will v,;ork with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Perfonnance , Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117 , and which requires removal to a Class I, Class II , or Class III disposal site pursuant to law ; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by infonnation about the ,vorksite made available to Contractor; and (c) Unknown physical conditions at the Project worksite of any mmsual nature . materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work . 15.3 For contracts $25 ,000 or higher that require excavation or involve trenches five feet or more in depth , Contractor must submit a detailed plan for City approval , per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions Public Works Project 2018 Concrete Repairs Project Public Works Contract $45.000 !Rev. Nov 3, 201 7 Page 6 of 11 for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal , state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control , Contractor will use only the amount of water necessary to dampen the dust. Contractor ,;viii take all steps necessary to keep wash water out of the streets , gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains , and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include , but will not be limited to , the following requirements: (a) Install storm drain inlet protection devices such as sand bag baniers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the ammal rainy season, October 15 through June 15 , storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut sluny and remove from the Work site ; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; ( c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful maimer ; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash , litter , and debris at the end of each work day and when Work is completed. Clean up any leaks , drips , and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stonnwater quality controls for construction. Contractor 's failure to comply with this Section will result in the issuance of noncompliance notices, citations , Work stop orders and regulatory fines. 17. PROJECT COORDINATION City Project Manager. City assigns Jo Anne Johnson as the City representative for all purposes under this Contract, v,1ith authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval , Contractor assigns Alex Bolghand as its single representative for all purposes under this Contract , with the responsibility to ensure progress with the Work. Contractor 's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work , consistent with th e Scope of Work. Any substitutions must be approved in ,;,,1riting by City. Public Works Project 2018 Concrete Repairs Project Public Works Contract $45 ,000 /Rev. Nol' 3, 2017 Pa ge 7 of 11 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed tlu·ough the date of abandonment and will be given reasonable time to close out the Work. With City 's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in perfo1ming the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered tlu-ough the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section . 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California . Venue for any legal action shall be the Superi or Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference , apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator 's award must be supported by law and substantial evidence and include detailed v,rritten findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal , or other proceedings to enforce its rights or a judgment in connection ,vith this Contract, the prevailing patty will be entitled to reasonable attorney fees and costs . 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property , except signage which is required by law or by the Contract, without City's prior written approval as to size , design and location . 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. Public Works Project 2018 Concrete Repairs Project Public Works Contract $45,000 /Rev. Nov 3, 201 7 Page 8 of 11 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach . 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality , and free from defective workmanship and materials , and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims , liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City 's acceptance of the Work as complete ("Warranty Period"), except ·when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials including damage that arises from Contractor 's Wa1Tanty Work , except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents , and statutes attached , referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City . If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY /PARTIAL INVALIDITY If a court finds any te1m or provision of this Contract to be illegal, invalid or unenforceable , the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all wa1Tanties , indemnities, payment obligations , insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. 29. INSERTED PROVISIONS Each provision and clause required by lavv to be inserted in this Contract will be deemed to be included and will be inferred herein . Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions , titles , and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose . Public Works Project 2018 Concrete Repairs Project Public Works Collfmcr $45,000 !Rev. Nov 3, 201 7 Pag e 9 of 11 31. COUNTERPARTS This Contract may be executed in counterparts , each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices , requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service , on the fifth calendar day after deposit in the United States Mail , postage prepaid , registered or certified , or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Jo Anne Johnson Email: joannej@cuperitno.org 30. VALIDITY OF CONTRACT To Contractor: Trip Stop Sidewalk Repair Inc . 1424 East 34rd Ave, San Mateo CA 94401 Attention: Alex Bolghand Email: Alex~tripstoppers.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23 , (b) is signed by the City Manager or an authorized designee, and (c) is approved for fo1m by the City Attorney 's Office. 32. EXECUTION The persons signing below wanant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project 2018 Concrete Repairs Project Public Works Co ntract $4 5,000 /R ev. No v 3, 2017 Pa ge 10 of 11 IN WITNESS WHEREOF , the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR CITY OF CUPERTINO, a Municipal Corporation Alex By: Alex B0lghand8olghan9 £),gi lJI SJ9rddbJAl•,18o!gtwid k/2 Ot::.~.c i:.olgh.lnd.0.0-.1. ~,,.,.,, .. _. __ ~;201S.OU61f)"J3:14-0S'I»' By: • ~ T 1 Borden Title: CEO -------------- Signature Date: __ 0_2_/_2_6_/_2_0_1_s ___ _ Cupertino City Attorney ATTEST: ~~ By · ;.,_ ( G CESCHMIDT ~ City Clerk Contract Amount: 4Jtt/3DO Contract No.: Public Works Project 2018 Concrete Repairs Project ector of Public Works ~~~~~~~~------- Signature Date: ~ Public Works Co11trn ct $45,000 /Rev. Noi· 3, 201 7 Pa ge 11 of 11 2018 CONCRETE REPAIR PROJECT SCOPE OF WORK EXHI BIT A Perform concrete shaving at various locations throughout Cupertino. Unit costs (per inch foo t ) shall include all labor and equipment to shave concrete sidewalk offsets that are between on half inch and two inches at various locations as specified by City. Any sidewalk offset greater than 2 inches shall not be considered for shaving. All specified locations shall be shaved so as to provide a smooth transition between concrete slabs. The shaved areas shall be uniform, smooth, with minimal grooving, and straight at the backline with little or no scarring of the adjacent concrete. All work must meet ADA slope requ i rements and provide a non-slip finish. In addition the contractor shall provide the following at no additional cost to the City: 1) Concrete dust control by use of a high efficiency vacuum attachment secured to the port of the shaving machine. 2) All labor, equipment, and materials to fully complete the work at contract unit cost 3) Properly remove and dispose of any existing temporary make-safe(s) at no addit ional costs to the City . 4) Properly collect, remove, and dispose of all shaving residue . SIDEWALK REPAIR Trip Hazard Removal Project Proposal City of Cupertino January 18, 2018 Trip Stop Sidewalk Repair would like to submit a proposal for the Trip Hazard Removal Project, for your approval. Our price per inch foot is, $19.75 As part of this proposal, please find our company information , a reference list, a signed W-9, and a Certificate of Insurance. I want to assure you that if we are awarded this project, no one will do a better job for you than we will. Our company runs on zero complaints, and our crew is specially trained on how to work with residents , homeowners , and pedestrians . If I can provide any more information for you, please feel free to reach out at any time. We look forward to working with you on this project. Best Regards, Alex Bolghand Trip Stop Sidewalk Repair Inc. (650) 863 -STOP (7867) lnfo@tripstoppers.com 1424 East 3rd Ave . San Mateo, CA 94401 www.tripstoppers .com PUBLIC 1JORKS COSSTRl.,CT/0.Y CO .YTRACTS Small Project s -S./5,000 lnsurcmce Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years follo wing th e completion of the Project , insurance against claims for injuries to persons or damages to prope1ty which may ari se from or in connection with the perfo1mance of the work hereunder by Contractor, its agents , representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occmTence" basis, written 011 a comprehensive general liability form, and must include coverage for liability arising from Contractor 's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liabilityforperso11al injllJy, death , property damage or destrnction , and personal and adve1tising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Q,roject/location (ISO CG 25 03 or 25 04) or the general a~gre!late )jmit shall be twice the required occu1J ence ljmi,t. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (I) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "p1imary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c . The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set fmth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Fo1m CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injmy and property damage. 3 . Workers' Compensation: As required by the State of California, with Statutmy Limits , and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as othe1 w is e required by statute . If Contractor is self-insured , Contractor must provide a Ce1tificate of Permission to Self-Insure, duly authorized by the DIR. D N/ A if box checked ( Contractor pro vides written ver(fication it has 110 employees). 4. Professional Liability with limits no less than $1,000 ,000 per occutTence or claim, and $2,000,000 aggregate . ~ N/ A if box checked (Contract is not des ign /build). 5. Builder's Risk. Course of Constrnction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ~ N/ A if box checked (Projec t do es not in volve c on s truction or i111prov eme11 tsli11stallatio11s to prop erty). In s urance R e quirem ents for Co11 strn c tio11 Contracts -$45,000 Version: N011 2 017 6 . Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Etrnrs and Omissions with limits no less than $1,000,000 per occunence or claim, and $2,000,000 policy aggregate . ~ NIA if box checked (Project do es 110! involve e11viro11111ental ha zards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above , City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option , either: ( 1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers , officials, employees , and volunteers ; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations , claim administration, and defense expenses . The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain , or be endorsed to contain, the following provisions: A dditional Insured Status The City of Cupe11ino, its City Council, officers, officials , employees , agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services perfonned by or on behalf of Contractor including mateiials, parts , or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, tlu ·ough the addition of both CG 20 10, CG 20 26, CG 20 33 , or CG 20 38; and CG 20 37 if a later edition is used. Primmy Coverage For any claims related to th.is Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 2001 04 13 with respect to City, its officers , officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in pat1 by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contribut01y" basis for the benefit of City. Notice of Ca11cellatio11 Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced , cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums , in which case ten days advance written notice must be provided to City. Such notice must be sent to City via ce11ified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in th e fo1111 of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder 's Risk policy must be issued on an occuJTence basis, for all -risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not in volve new or major reconstruction , City may elect , acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement , remodel , modification, alteration, conversion or adjustment to existing buildings , structures, processes , machinery and equipment, and shall provide property damage coverage for any building, structure , machine1y or equipment dama ged , impaired , broken, or destroyed during the pe1fo11nance of the Work, including during transit, installation , and testing at the City's site. !11 s 11m11 c<' Requirem ents .for Con stru c tion Co11trn cts -$4 5,000 Ve rs ion : Nov 2 01 7 2 Waive r of Subrogation Each required policy must include an endorsement providing that the cani er agre es to w ai ve any light o f subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Wo rkers ' Compensation policy shall be endors ed with a w ai ve r of subrogation in favor of the City for all work perfonned by the Contractor, its employe es , agents and subcontractors. Acceptability of l11surers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of Californi a, and each insurer must have an A.M . Best's financial strength rating of "A " or better and a financial size rating of "VII " or better. Verification of Coverage Contractor shall fu rnish the City with original certificates and amendat01y endorsements, or copies of the applicable insurance language , effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work conunences. The City reserves the right to require complete, ce1tified copies of all required insurance policies , including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Perf01mance Bond provides for a one-year wan-anty a separate Maintenance Bond is not necessary. If the wananty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a re sponsible corporate surety, auth01ized to issue such bonds in the State of California and secured tlu·ough an auth01ized agent with an office in California. Special Risks or Cil'cumstances City reserves the right to modify these requirements, based on the nature of the risk , prior expe1ience, insurer, coverage, or other circumstances. In s urance Requirem ents /o r C o 11 s tr11 cl io11 Co111ra cls -$45,000 Ve r s ion : Nov 2017 3 TRIPS-1 OP ID: JM ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD /YYYY) ~ 03/05/2018 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 CERTIF ICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~WT John Hillman Bone, Robertson & McBride, Inc rlJ8NJo Extl : 925-67 4 -1000 I rffc Nol : 925-67 4-0188 1255 Treat Blvd, Ste 100A Walnut Creek, CA 94597 E-MAI L ADDRESS: John Hillman INSURER(S) AFFORDING COVERAGE NAIC # IN SURER A : Colony Ins Co 39993 INSURED Tri p Stop Sidewalk Repair Inc. INSURER B : AmGuard Insuranc e Company 1424 East 3rd Ave. 31470 San Mateo, CA 94401 INSURER C : Norguard Insurance Comp any INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· 2 THIS IS TO CERTIFY TH AT THE POLI CIES OF INSURAN CE LI STED BELOW HAV E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CON DITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC ATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AN D CON DITION S OF SUCH POLICIES . LIMITS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL ISUBR POLIC Y EFF POLIC Y EXP LT R INSD WVD POLIC Y NUMBER IMM/DD/YYYYI IMM /DD /YYYY I LI MITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENC E $ 1,000,000 -~ CLAIMS-MADE 0 OCCUR y y 103 GL 0018719-00 06/28/2017 06/28/2018 ""'v"""" \Yi""'" c:u $ 100,000 PR EMISES Ea occurrence) --MED EXP (Any one person) $ 5,00( PERSONA L & ADV INJURY $ 1,000 ,00( -GEN'L AGGREGATE LIMIT APP LIES PER: GENERAL AGGREGAT E $ 2,000 ,00 ci 0PRO-D LOC 2,000,000 PO LI CY JECT PRODUC TS -COMP/OP AGG $ OTHER: Deductibl $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident) -B ANY AUTO y TRAU811811 03/30/2017 03/30/2018 BODI LY INJURY (Per person) $ -ALL OWNED X SCHEDULED BOD IL Y IN JURY (Per accident) $ x AUTOS _ AUTOS X NON -OWNED PROPERTY DAMAGE $ HI RED AUTOS -AUTOS /Per accident\ f-- $ UMBRELLA LIAB M OCCUR EAC H OCCURRENCE $ 1 ,000 ,000 f-- A X EXC ESS LIAB CLAIMS-MADE XS172327 06/28/2017 06/28/2018 AGGREGAT E $ 1,000,000 OED I I RET ENTI ON$ $ WORKERS COMPENSATION X I ~1%uTE I I OTH- AND EMPLOYERS' LIABILITY ER C Y/N TRWC870638 03/30/2017 03/30/2018 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 ,00( If yes, describe under DESCRIPT ION OF OPERATI ONS below E.L. DISE AS E -PO LI CY LI MIT $ 1,000,00C DE SC RIPTION OF OPERATIONS/ LO CATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) City of Cupertino its City Council, boards and commissions , officers, employees, and volunteers are included as additional insured with respects to general liabilitt Per project aggregate limits applies . Waiver of subrogation app ies on the General Liability and Auto Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WIL L BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ~-PS~- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 103 GL 0018719-00 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its 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. CG 20 10 0413 © Insurance Services Office , Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20100413 POLICY NUMBER: 103 GL 0018719-00 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured for commercial projects only 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" 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office , Inc ., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILIT Y CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured. Information required to complete this Schedule , if not shown above , will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office , Inc., 2008 Page 1 of 1 103 GL 0018719-00 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT -RESTRICTED FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All projects during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" Under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I -COVERAGE C MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated con- struction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under SECTION I - COVERAGE C MEDICAL PAYMENTS regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I -COVERAGE C MEDICAL PAYMENTS shall reduce the Designated Construction Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is $5,000,000 . B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" Under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UCG2503-1013 Includes copyrighted material of Insurance Services Office, Inc., 1996 with its permission. Page 1 of 2 103 GL 0018719-00 LIABILITY, and caused by accidents under SECTION I -COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I -COVERAGE C MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability resulting from the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UCG2503-1013 Includes copyrighted material of Insurance Services Office, Inc., 1996 with its permission . Page 2 of 2