18-067 CSG Consultants, Inc., Master Agreement for Construction Management Services on Various Capital Improvement Projects
FIRST AMENDMENT TO AGREEMENT 18-067
BETWEEN THE CITY OF CUPERTINO AND CSG
CONSULTANTS, INC. FOR CONSULTANT
CONSTRUCTION MANAGEMENT SERVICES ON
VARIOUS CAPITAL IMPROVEMENT PROJECTS
This First Amendment to Agreement 18-067 between the City of Cupertino and CSG
Consultants, Inc. for reference dated June 3, 2020, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and CSG Consultants, Inc., a California corporation
(“Consultant”) whose address is 550 Pilgrim Drive, Foster City, CA 94404, and is made with
reference to the following:
RECITALS:
A. On 4/17/2018, an agreement was entered into by and between City and Consultant
(hereinafter "Agreement") for Construction Management Services. The agreement will expire
on 6/30/2020.
B. The Agreement and the First Amendment are collectively referred to as the
“Agreement” unless otherwise indicated.
C. City and Consultant desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. SERVICES:
Paragraph 2.1 of the Agreement is modified to read as follows: Scope of Services. Consultant
agrees to provide the Services “as needed” and as set forth in the Scope of Services, attached
and incorporated here as Exhibit A. The Services must comply with this Agreement and with
each Service Order issued under the authority of the City Director of Public Works or his
designee, in accordance with the following procedures. Consultant further agrees to carry out
its work in compliance with the City’s Shelter In Place and Social Distancing Requirements,
attached here and incorporated as Exhibit A-A.
2. Exhibit A-A, attached hereto, is added to the Agreement.
3 TERM
Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins
on the Effective Date and ends on June 30, 2021 (“Contract Time”), unless terminated earlier
as provided herein.
4. COMPENSATION Paragraph 4.1 of the Agreement is modified to read as follows:
Maximum Compensation. City will pay Consultant for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not
to exceed $800,000 ("Contract Price"), based on the budget and rates set forth in Exhibit
C, Compensation, attached and incorporated here. The Contract Price includes all expenses
and reimbursements and will remain in place even if Consultant’s actual cost exceed the capped
amount. No extra work or payment is permitted in excess of the Contract Price.
5. Except as expressly modified herein, all other terms and covenants set forth in the Agreement
shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONTRACTOR
By
Title
Date
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
nourdinkhayata
Vice President
Jun 9, 2020
Heather M. Minner
Deborah L. Feng
Jun 11, 2020
City Manager
Jun 11, 2020
Revised: June 5, 2020 – Public Works Contracts
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals on any project site or work area performing work under this
Contract, including Contractor's or any subcontractor's workers, employees, representatives,
vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as
required by the Health Order or other Health Laws. In particular, Contractor must comply with
the provisions of Appendix B-1 or B-2 (attached hereto) to the Health Order, as applicable.
Further, as long as required by the operative Health Order including Appendix B-1 or B-2, or
other Health Laws, these measures shall include, but are not limited to, the following best
practices:
1. Information. Inform all workers of the Social Distancing Requirements and these best
practices, including any updates or modifications, and require compliance as a condition
to being present on the project site or work area.
2. Sick Workers. Prohibit any individuals who have been tentatively or conclusively
diagnosed with COVID-19 or who have any symptoms of illness, including the following,
from entering or remaining on the project site or work area: fever, cough, shortness of
Revised: June 5, 2020 – Public Works Contracts
2
breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like
symptoms. Encourage sick workers to get immediate medical attention.
a. Daily Screening. A supervisor must ask the following questions of each worker
before the worker is permitted to enter the project site or work area each day,
and a worker who responds "yes" to any one of the following questions must be
asked to leave immediately and will not be permitted back on the project site or
work area until cleared based on meeting the applicable requirements set forth
in the CDC's Interim Guidance on Discontinuation of Home Isolation for Persons
with COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-
home-patients.html):
(1) Have you had any of the following symptoms within the past 14 days:
fever, cough, shortness of breath, sore throat, body aches, chills, sudden
loss or smell or taste, or any other flu-like symptoms?
(2) Have you or anyone in your household been in contact with a person
that has been diagnosed with, has symptoms of, or is being tested for
COVID-19?
(3) Have you been medically directed to self-quarantine due to possible
exposure to COVID-19?
3. Signage/Posters. In compliance with the Health Order, post a Social Distancing
Protocol, substantially in the form attached to the Health Order as Appendix A, at all
project site or work area entry points, and in other areas where they are likely to be
seen (e.g., project trailers, sanitary facilities, break areas). The Social Distancing Protocol
must explain how Contractor is achieving compliance with social distancing
requirements. Resources for this purpose are available from the CDC at:
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-
response.html A copy of the Social Distancing Protocol must also be provided to each
employee performing work at the project site or work area.
4. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are
available at all times and encourage frequent handwashing and/or hand-sanitizing
throughout the day as specified below. Portable sanitary facilities must be serviced and
cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and
common areas, including project trailers.
a. Handwashing. Wash hands using soap and water for at least 20 seconds.
b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol
when handwashing is not immediately available.
Revised: June 5, 2020 – Public Works Contracts
3
c. Paper Products. Ensure that toilet paper, tissues, and paper towels are
available as appropriate, with designated receptacles for disposal.
5. Distancing. Prohibit workers from being less than six feet apart, unless and only to
the extent that would compromise worker safety or violate safety Laws for specific
operations. Prohibit handshaking or any physical contact among workers, with the sole
and limited exception of any physical contact required for worker safety or to comply
with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide
their own transportation where possible and to avoid having more than two workers in
a vehicle.
6. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use
electronic alternatives to in person meetings, e.g., conference calls, video-conferencing,
etc., to the greatest extent possible. Limit access to the project site or any work area to
workers who are necessary to perform the work at that time. Allow non-essential
personnel to work from home to the extent possible. Avoid all non-essential travel. Do
not stack trades if possible.
7. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch
surfaces at a project site or work area, including, but not limited to, shared tools or
equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas,
keypads, touch screens, project trailer surfaces and equipment, light or power switches,
workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable
items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear
shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly
and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays,
that may generate bioaerosols.
8. Personal Protective Equipment. When workers cannot avoid close proximity or
physical contact, e.g., based on applicable safety laws, or are otherwise at risk for
exposure to COVID-19, ensure that the affected workers are provided with appropriate
personal protective equipment ("PPE"), which may include disposable gloves and/or
other PPE. Instruct workers to wash or sanitize hands after removing gloves or other
PPE. Ensure that all personal protective equipment is disposed of properly.
9. Water and Food. Prohibit shared or communal food or common water coolers.
Provide individual water bottles for workers or instruct workers to bring their own.
10. Enforcement. Immediately eject any worker who fails or refuses to comply with the
Health Laws, Social Distancing Requirements, or these best practices from the project
site until or unless the Project Manager issues a written authorization for the worker to
return, subject to full compliance.
Revised: June 5, 2020 – Public Works Contracts
4
F. Proof of Compliance. If Contractor is subject to Appendix B-1 of the Health Order, Contractor
must provide to the City the name and contact information for its designated site-specific
COVID-19 supervisor(s). If Contractor is subject to Appendix B-2 of the Health Order, Contractor
must provide to the City a copy of its Site-Specific Health and Safety Plan. Any changes to the
COVID-19 supervisor or the Site-Specific Health and Safety Plan must be reported to the City
immediately.
E. Oversight. In other to ensure that all workers comply with the Social Distancing
Requirements to the extent possible, Contractor shall designate a named individual to have
primary responsibility for implementation and enforcement of the Social Distancing
Requirements and these best practices, and to serve as the primary point of contact with the
City in this regard. Contractor shall promptly inform the City of the name of this individual.
F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and
require any agents, subcontractors, or subconsultants to comply with its provisions.
Attachments to Exhibit A-A
Appendix B-1 to June 5, 2020 Health Order
Appendix B-2 to June 5, 2020 Health Order
1228578.4
Appendix B-1
(Effective June 5, 2020)
1
Small Construction Project Safety Protocol
1. Any construction project meeting any of the following specifications is subject to this Small
Construction Project Safety Protocol (“SCP Protocol”), including public works projects unless
otherwise specified by the Health Officer:
a. For residential projects, any single-family, multi-family, senior, student, or other residential
construction, renovation, or remodel project consisting of 10 units or less. This SCP Protocol
does not apply to construction projects where a person is performing construction on their
current residence either alone or solely with members of their own household.
b. For commercial projects, any construction, renovation, or tenant improvement project
consisting of 20,000 square feet of floor area or less.
c. For mixed-use projects, any project that meets both of the specifications in subsection 1.a and
1.b.
d. All other construction projects not subject to the Large Construction Project Safety Protocol
set forth in Appendix B-2.
2. The following restrictions and requirements must be in place at all construction job sites subject to
this SCP Protocol:
a. Comply with all applicable and current laws and regulations including but not limited to
OSHA and Cal-OSHA. If there is any conflict, difference, or discrepancy between or among
applicable laws and regulations and/or this SCP Protocol, the stricter standard shall apply.
b. Designate a site-specific COVID-19 supervisor or supervisors to enforce this guidance. A
designated COVID-19 supervisor must be present on the construction site at all times during
construction activities. A COVID-19 supervisor may be an on-site worker who is designated
to serve in this role.
c. The COVID-19 supervisor must review this SCP Protocol with all workers and visitors to the
construction site.
d. Establish a daily screening protocol for arriving staff to ensure that potentially infected staff
do not enter the construction site. If workers leave the jobsite and return the same day,
establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post
the daily screening protocol at all entrances and exits to the jobsite. More information on
screening can be found online at: https://www.cdc.gov/coronavirus/2019-
ncov/community/index.html.
e. Practice social distancing by maintaining a minimum six-foot distance between workers at all
times, except as strictly necessary to carry out a task associated with the construction project.
Appendix B-1
(Effective June 5, 2020)
2
f. Where construction work occurs within an occupied residential unit, separate work areas
must be sealed off from the remainder of the unit with physical barriers such as plastic
sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must
access the work area from an alternative entry/exit door to the entry/exit door used by
residents. Available windows and exhaust fans must be used to ventilate the work area. If
residents have access to the work area between workdays, the work area must be cleaned and
sanitized at the beginning and at the end of workdays. Every effort must be taken to
minimize contact between workers and residents, including maintaining a minimum of six
feet of social distancing at all times.
g. Where construction work occurs within common areas of an occupied residential or
commercial building or a mixed-use building in use by on-site employees or residents,
separate work areas must be sealed off from the rest of the common areas with physical
barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If
possible, workers must access the work area from an alternative building entry/exit door to
the building entry/exit door used by residents or other users of the building. Every effort must
be taken to minimize contact between worker and building residents and users, including
maintaining a minimum of six feet of social distancing at all times.
h. Prohibit gatherings of any size on the jobsite, including gatherings for breaks or eating,
except for meetings regarding compliance with this protocol or as strictly necessary to carry
out a task associated with the construction project.
i. Cal-OSHA requires employers to provide water, which should be provided in single-serve
containers. Sharing of any of any food or beverage is strictly prohibited and if sharing is
observed, the worker must be sent home for the day.
j. Provide personal protective equipment (PPE) specifically for use in construction, including
gloves, goggles, face shields, and face coverings as appropriate for the activity being
performed. At no time may a contractor secure or use medical-grade PPE unless required
due to the medical nature of a jobsite. Face coverings must be worn in compliance with the
April 17, 2020 Guidance from the County of Santa Clara Public Health Department,
available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto.
k. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain
six-foot social distancing and prohibit or limit use to ensure that six-foot distance can easily
be maintained between individuals.
l. Minimize interactions and maintain social distancing with all site visitors, including delivery
workers, design professional and other project consultants, government agency
representatives, including building and fire inspectors, and residents at residential
construction sites.
m. Stagger trades as necessary to reduce density and allow for easy maintenance of minimum
six-foot separation.
Appendix B-1
(Effective June 5, 2020)
3
n. Discourage workers from using others’ desks, work tools, and equipment. If more than one
worker uses these items, the items must be cleaned and disinfected with disinfectants that are
effective against COVID-19 in between use by each new worker. Prohibit sharing of PPE.
o. If hand washing facilities are not available at the jobsite, place portable wash stations or hand
sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple
locations dispersed throughout the jobsite as warranted.
p. Clean and sanitize any hand washing facilities, portable wash stations, jobsite restroom areas,
or other enclosed spaces daily with disinfectants that are effective against COVID-19.
Frequently clean and disinfect all high touch areas, including entry and exit areas, high traffic
areas, rest rooms, hand washing areas, high touch surfaces, tools, and equipment
q. Maintain a daily attendance log of all workers and visitors that includes contact information,
including name, phone number, address, and email.
r. Post a notice in an area visible to all workers and visitors instructing workers and visitors to
do the following:
i. Do not touch your face with unwashed hands or with gloves.
ii. Frequently wash your hands with soap and water for at least 20 seconds or use hand
sanitizer with at least 60% alcohol.
iii. Clean and disinfect frequently touched objects and surfaces such as work stations,
keyboards, telephones, handrails, machines, shared tools, elevator control buttons,
and doorknobs.
iv. Cover your mouth and nose when coughing or sneezing, or cough or sneeze into the
crook of your arm at your elbow/sleeve.
v. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If
you feel sick, or have been exposed to anyone who is sick, stay at home.
vi. Constantly observe your work distances in relation to other staff. Maintain the
recommended minimum six feet at all times when not wearing the necessary PPE for
working in close proximity to another person.
vii. Do not carpool to and from the jobsite with anyone except members of your own
household unit, or as necessary for workers who have no alternative means of
transportation.
viii. Do not share phones or PPE.
s. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place:
i. Immediately remove the infected individual from the jobsite with directions to seek medical
care.
ii. Each location the infected worker was at must be decontaminated and sanitized by an outside
vendor certified in hazmat clean ups, and work in these locations must cease until
decontamination and sanitization is complete.
iii. The County Public Health Department must be notified immediately by both telephone (by
calling 408.885.4214) and by email (by sending an email to coronavirus@phd.sccgov.org).
Any requirements specified by the County health officials must be completed, including full
compliance with any tracing efforts by the County.
Appendix B-2
(Effective June 5, 2020)
1
Large Construction Project Safety Protocol
1. Any construction project meeting any of the following specifications is subject to this
Large Construction Project Safety Protocol (“LCP Protocol”), including public works
projects unless otherwise specified by the Health Officer:
a. For residential construction projects, any single-family, multi-family, senior,
student, or other residential construction, renovation, or remodel project consisting
of more than 10 units.
b. For commercial construction projects, any construction, renovation, or tenant
improvement project consisting of more than 20,000 square feet of floor area.
c. For construction of Essential Infrastructure, as defined in section 16.c of the Order,
any project that requires 20 or more workers at the jobsite at any one time.
2. The following restrictions and requirements must be in place at all construction job sites
subject to this LCP Protocol:
a. Comply with all applicable and current laws and regulations including but not
limited to OSHA and Cal-OSHA. If there is any conflict, difference or discrepancy
between or among applicable laws and regulations and/or this LCP Protocol, the
stricter standard will apply.
b. Prepare a new or updated Site-Specific Health and Safety Plan to address COVID-
19-related issues, post the Plan on-site at all entrances and exits, and produce a
copy of the Plan to County governmental authorities upon request. The Plan must
be translated as necessary to ensure that all non-English speaking workers are able
to understand the Plan.
c. Provide personal protective equipment (PPE) specifically for use in construction,
including gloves, goggles, face shields, and face coverings as appropriate for the
activity being performed. At no time may a contractor secure or use medical-grade
PPE, unless required due to the medical nature of a job site. Face coverings must
be worn in compliance with the April 17, 2020 Guidance from the County of Santa
Clara Public Health Department, available at:
https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto.
d. Ensure that employees are trained in the use of PPE. Maintain and make available
a log of all PPE training provided to employees and monitor all employees to
ensure proper use of the PPE.
e. Prohibit sharing of PPE.
Appendix B-2
(Effective June 5, 2020)
2
f. Implement social distancing requirements including, at minimum:
i. Stagger stop- and start-times for shift schedules to reduce the quantity of
workers at the jobsite at any one time to the extent feasible.
ii. Stagger trade-specific work to minimize the quantity of workers at the
jobsite at any one time.
iii. Require social distancing by maintaining a minimum six-foot distance
between workers at all times, except as strictly necessary to carry out a task
associated with the project.
iv. Prohibit gatherings of any size on the jobsite, except for safety meetings or
as strictly necessary to carry out a task associated with the project.
v. Strictly control “choke points” and “high-risk areas” where workers are
unable to maintain minimum six-foot social distancing and prohibit or limit
use to ensure that minimum six-foot distancing can easily be maintained
between workers.
vi. Minimize interactions and maintain social distancing with all site visitors,
including delivery workers, design professional and other project
consultants, government agency representatives, including building and fire
inspectors, and residents at residential construction sites.
vii. Prohibit workers from using others’ phones or desks. Any work tools or
equipment that must be used by more than one worker must be cleaned with
disinfectants that are effective against COVID-19 before use by a new
worker.
viii. Place wash stations or hand sanitizers that are effective against COVID-19
at entrances to the jobsite and in multiple locations dispersed throughout the
jobsite as warranted.
ix. Maintain a daily attendance log of all workers and visitors that includes
contact information, including name, address, phone number, and email.
x. Post a notice in an area visible to all workers and visitors instructing
workers and visitors to do the following:
1. Do not touch your face with unwashed hands or with gloves.
2. Frequently wash your hands with soap and water for at least 20
seconds or use hand sanitizer with at least 60% alcohol.
3. Clean and disinfect frequently touched objects and surfaces such as
workstations, keyboards, telephones, handrails, machines, shared
tools, elevator control buttons, and doorknobs.
4. Cover your mouth and nose when coughing or sneezing or cough or
sneeze into the crook of your arm at your elbow/sleeve.
5. Do not enter the jobsite if you have a fever, cough, or other COVID-
19 symptoms. If you feel sick, or have been exposed to anyone who
is sick, stay at home.
6. Constantly observe your work distances in relation to other staff.
Maintain the recommended minimum six-feet distancing at all times
when not wearing the necessary PPE for working in close proximity
to another person.
7. Do not share phones or PPE.
Appendix B-2
(Effective June 5, 2020)
3
xi. The notice in section 2.f.x must be translated as necessary to ensure that all
non-English speaking workers are able to understand the notice.
g. Implement cleaning and sanitization practices in accordance with the following:
i. Frequently clean and sanitize, in accordance with CDC guidelines, all high-traffic and
high-touch areas including, at a minimum: meeting areas, jobsite lunch and break
areas, entrances and exits to the jobsite, jobsite trailers, hand-washing areas, tools,
equipment, jobsite restroom areas, stairs, elevators, and lifts.
ii. Establish a cleaning and decontamination protocol prior to entry and exit of the
jobsite and post the protocol at entrances and exits of jobsite.
iii. Supply all personnel performing cleaning and sanitization with proper PPE to prevent
them from contracting COVID-19. Employees must not share PPE.
iv. Establish adequate time in the workday to allow for proper cleaning and
decontamination including prior to starting at or leaving the jobsite for the day.
h. Implement a COVID-19 community spread reduction plan as part of the Site-Specific Health
and Safety Plan that includes, at minimum, the following restrictions and requirements:
i. Prohibit all carpooling to and from the jobsite except by workers living within the
same household unit, or as necessary for workers who have no alternative means of
transportation.
ii. Cal-OSHA requires employers to provide water, which should be provided in single-
serve containers. Prohibit any sharing of any food or beverage and if sharing is
observed, the worker must be sent home for the day.
iii. Prohibit use of microwaves, water coolers, and other similar shared equipment.
i. Assign a COVID-19 Safety Compliance Officer (SCO) to the jobsite and ensure the SCO’s
name is posted on the Site-Specific Health and Safety Plan. The SCO must:
i. Ensure implementation of all recommended safety and sanitation requirements
regarding the COVID-19 virus at the jobsite.
ii. Compile daily written verification that each jobsite is compliant with the components
of this LCP Protocol. Each written verification form must be copied, stored, and
made immediately available upon request by any County official.
iii. Establish a daily screening protocol for arriving staff, to ensure that potentially
infected staff do not enter the construction site. If workers leave the jobsite and
return the same day, establish a cleaning and decontamination protocol prior to entry
and exit of the jobsite. Post the daily screening protocol at all entrances and exit to
the jobsite. More information on screening can be found online
at: https://www.cdc.gov/coronavirus/2019-ncov/community/index.html.
iv. Conduct daily briefings in person or by teleconference that must cover the following
topics:
1. New jobsite rules and pre-job site travel restrictions for the prevention of
COVID-19 community spread.
2. Review of sanitation and hygiene procedures.
3. Solicitation of worker feedback on improving safety and sanitation.
4. Coordination of construction site daily cleaning/sanitation requirements.
5. Conveying updated information regarding COVID-19.
Appendix B-2
(Effective June 5, 2020)
4
6. Emergency protocols in the event of an exposure or suspected exposure to
COVID-19.
v. Develop and ensure implementation of a remediation plan to address any non-
compliance with this LCP Protocol and post remediation plan at entrance and exit of
jobsite during remediation period. The remediation plan must be translated as
necessary to ensure that all non-English speaking workers are able to understand the
document.
vi. The SCO must not permit any construction activity to continue without bringing such
activity into compliance with these requirements.
vii. Report repeated non-compliance with this LCP Protocol to the appropriate jobsite
supervisors and a designated County official.
j. Assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the
jobsite, who at a minimum holds an OSHA-30 certificate and first-aid training within the past
two years, who must be trained in the protocols herein and verify compliance, including by
visual inspection and random interviews with workers, with this LCP Protocol.
i. Within seven calendar days of each jobsite visit, the JSAS must complete a written
assessment identifying any failure to comply with this LCP Protocol. The written
assessment must be copied, stored, and, upon request by the County, sent to a
designated County official.
ii. If the JSAS discovers that a jobsite is not in compliance with this LCP Protocol, the
JSAS must work with the SCO to develop and implement a remediation plan.
iii. The JSAS must coordinate with the SCO to prohibit continuation of any work activity
not in compliance with rules stated herein until addressed and the continuing work is
compliant.
iv. The remediation plan must be sent to a designated County official within five
calendar days of the JSAS’s discovery of the failure to comply.
k. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place:
i. Immediately remove the infected individual from the jobsite with directions to seek
medical care.
ii. Each location the infected worker was at must be decontaminated and sanitized by an
outside vendor certified in hazmat clean ups, and work in these locations must cease
until decontamination and sanitization is complete.
iii. The County Public Health Department must be notified immediately by both
telephone (by calling 408.885.4214) and by email (by sending an email to
coronavirus@phd.sccgov.org). Any requirements specified by the County health
officials must be completed, including full compliance with any tracing efforts by the
County.
l. Where construction work occurs within an occupied residential unit, any separate work area
must be sealed off from the remainder of the unit with physical barriers such as plastic
sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must
access the work area from an alternative entry/exit door to the entry/exit door used by
Appendix B-2
(Effective June 5, 2020)
5
residents. Available windows and exhaust fans must be used to ventilate the work area. If
residents have access to the work area between workdays, the work area must be cleaned and
sanitized at the beginning and at the end of workdays. Every effort must be taken to
minimize contact between workers and residents, including maintaining a minimum of six
feet of social distancing at all times.
m. Where construction work occurs within common areas of an occupied residential or
commercial building or a mixed-use building in use by on-site employees or residents, any
separate work area must be sealed off from the rest of the common areas with physical
barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If
possible, workers must access the work area from an alternative building entry/exit door to
the building entry/exit door used by residents or other users of the building. Every effort
must be taken to minimize contact between worker and building residents and users,
including maintaining a minimum of six feet of social distancing at all times.
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
1
Form Updated Sept. 2019
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at
its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement 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 (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form 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 forth 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 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 CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s
Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a
claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
2
Form Updated Sept. 2019
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
.-a'Qk
DATE IMM/00/YYYY)
2/4/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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).
PRODIICER
Arthur J. Gallagher & Co.
Insurance Brokers of CA, Inc. LIC #0726293
1255 Battery Street, Suite 450
San Francisco CA 94111
CONT ACT
NAME:
I
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'A :g.'5o. Extl: 415-536-864 7 I 75, HOI, 415-536-8627
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.ESS: certrequests@aig.com
INSURER(8) AFFORDING COVERAGE NAIC #
issupttio:ArchlnsuranceCompany A + , %4 11150
INSURED CSGCONS-01
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
ixsuseti s : Redwood Fire and Casu:ilty Insuranc'e Co-/kAr'? . *IV 11673
i+isusetic:ZurichAmericanlnsuranceCompanyoflL J(-(',,7 t/ 27855
INSURER o : Travelers Property Casualty Co of America ' - "25674
INSURERE: - , rV
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INSURER F :
COVERAGES CERTIFICATE NUMBER:2095496020 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLIRED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SLIBR
WVD POLICY NtlMBER
POLICY EFF
iMMIDD/YYYY)
POLICY EXP
iMM/00/YYYY)LIMITS
c x COMMERCIAL GENERAL LIABILITY
ICLAIMS-MADE [UII OCCUR
Y Y CPO-7 414724-00 2/2/2020 12/4/2020p EACH OCCURRENCE $1,000,000 V
DAMAGE TO RENTED
PREMISES lEa occunenca)$ 5C10,000
MED EXP (Any one person)$ 5,000
PERSONAL & ADV IN JURY $1 ,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
e::; € rECT [" 'oo
GENERAL AGGREGATE $2.000,OCIO V,
PRODuCTS - COMPIOP AGG $ 2,000,000 ' X
No €ed $
c AU-OMOBILE LIABILITY
-% ANY AUTO
OWNED l scseotxa:i_ AuTOS ONLY LJ AuTOS
HIRED II NON-OWNED_ AuTOS ONLY 1_J AuTOS ONLY
Y Y CPO-7414724-00 2/2/2020 12/4/2020 g /COMBINED SINGLE LIMIT
(Ea accident)$1,000,000 9 '
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
PROPERTY DAM AGE
(Per accident)$ ,
No Ded ==,-' %. /
D x UMBRELLA LIAB
EXCESS LIAB
x OCCUR
CLAIMS-MADE
Y Y Z11P-21 P37869-20-NF 2/2/2020 12/4/202W EACHOCCURRENCE /"'$5,000,OCX) " ,j"
AGGREGATE (ss,ooo,oooZ
DED X RETENT.ON $ 11 !,s /
B WORKERS COMPENS ATION
AND EMPLOYER!! LIABILITf y I N
ANYPROPRIETORlPARTNERfEXECuTIVE r'l
OFFICERIMEMBER EXCLuDED? §
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
Y CSWCO36787 12/4/2019 1 2/4/2020 p" I STATklTE I I gR"-No Ded
E.L. EACH ACCIDENT $1000,000 I
E.L. DISEASE - EA EMPLOYEE $1,000,000
p. DISEASE - POLICY LIMIT $1,000,000
A Professional Liability
retio date 1/111991
Y PAAEPOOO8804 I 2/4/2C119 1 2/4/2020 t 'Each Claim
Aggregate
Deductible
$5,000,000 V
$5,000,000 [
$50,000
DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (/COR(:10lAdditionalRemarksSchedule,maybiattachedifmoraspaceisrequiiid)
re: MasterAgreementforConsultantConstructionManagementServicesonVariousCapitallmprovementProjectsdated4/17/18. TheCityofCupertino,its
City Council, boards and commissions, officers, employees and volunteers are included as additional insureds on GL & Auto with Waiver of Subrogation and 30
Day Notice of Cancellation per attached. 30 Day Notice of Cancellation on Professional per attached. Additional Insured status and 30 Day Notice of
Cancellation on WC is not available.
CERTIFICATE HOLDER CANCELLATION
City of Cupertino
10300 Torre Avene
Cupertino CA 95014
USA
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AuTHORIZED REPRESENT ATIVE
@ 1988-2015 ACORD CORPORATION. All rights resened.
ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD
GeneralLiability SupplementalCoverageEndorsement ZURJCH
Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.ProducerNo.Add'l. Prem.Retum Prem.
CPO-7 414724-00 02/02/2020 12/04/2020 N/A N/A N/A
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided underthe:
Commercial General Liability Coverage Part
The following changes apply to this Cowrage Part.
supersede any provisions to the contrary in this
Howewr, endorsements attached to this Cowrage Part will
General Liability Supplemental Cowrage Endorsement.
A. Broadened Named Insured
1. ThefollowingisaddedtoSectionll-WholsAnlnsured:
Any organization ofyours, other than a partnership or joint wnture, which is not shown in the Declarations, and
owr which you maintain an ownership interestofmore than 50% ofsuch organization as ofthe effectiw date of
this Cowrage Part, will qualify as a Named Insured. Howewr, such organization will not qualify as a Named
Insured under this provision ifit:
a. Isnewlyacquiredorformedduringthepolicyperiod;
b. Isalsoaninsuredunderanotherpolicy,otherthanapolicywrittentoapplyspecificallyinexcessofthis
Cowrage Part; or
c. Wouldbeaninsuredunderanotherpolicybutforitsterminationortheexhaustionofitslimitsof
insurance.
Each such organization remains qualified as a Named Insured only while you maintain an ownershipinterest of
more than 50% in the organization during the policy period.
2. ThelastparagraphofSectionll-WholsAnlnsureddoesnotapplytothisprousiontotheextentthatsuch
paragraph would conflict with this provision.
B. NewlyAcquiredorFormedOrganizationsasNamedlnsureds
1. Paragraph3.ofSectionll-WholsAnlnsuredisreplacedbythefollowing:
3. Anyorganizationyounewlyacquireorformduringthepolicyperiod,otherthanapartnershiporjoint
wnture, and owr which you maintain an ownership interest of more than 50% of such organization, will
qualifyasaNamedlnsuredifthereisnoothersimilarinsuranceaviilabletothatorganization. Howewr:
a. Courage under this provision is afforded only until the I 8P day affer you acquire or form the
organization or the end ofthe policy period, whichewris earlier;
b. CowrageAdoesnotapplyto"bodilyinjury"or"propertydamage"thatoccurredbeforeyouacquired
or formed the organization; and
c. Courage B does not apply to "personal and adwrtising injury" arising out of an offense committed
before you acquired or formed the organization.
An additional premium will apply in accordance with our rules and rates in effect on the date you acquired
or formed the organization.
u-GL-1 345-B CW (04/13)
Page 1 of 12
Includescopyrighted material oflnairance ServicesOffice, Inc.,with itspemiission.
2. ThelastparagraphofSectionll-WholsAnlnsureddoesnotapplytothisprovisiontotheextentthatsuch
paragraph would conflict with this provision.
C. InsuredStatus-Employees
Paragraph 2.a.(1)ofSectionll-Who IsAn Insured is replaced by the following:
2. Eachofthefollowingisalsoaninsured:
a. Your"olunteerworkers"onlywhileperformingdutiesrelatedtotheconductofyourbusiness,oryour
"employees", otherthan eitheryour"executiw officers" (ifyou are an organization otherthan a
partnership, joint *nture or limited liability company) or your managers (ifyou are a limited liability
company), but only for acts within the scope of their employment by you orwhile performing duties
related to the conduct ofyour business. Howewr, none of these "employees" or "olunteerworkers" are
insureds for:
(1) "Bodilyinjury"or"personalandadwrtisinginjury":
(a) To you, to your partners or members (ifyou are a partnership o2oint wnture), to your members
(if you are a limited liability company), to a co-"employee" while in the course of his or her
employment or performing duties related to the conduct ofyour business, or to your other
"olunteerworkers" while performing duties related to the conductofyourbusiness;
(b) To thespouse, child, parent, brotherorsisterofthatco-"employee" or'%olunteerworker" as a
consequence of Paragraph (1 )(a) abow;
(c) Forwhichthereisanyobligationtosharedamageswithorrepaysomeoneelsewhomustpay
damages because of the injury described in Paragraphs (l%a) or (b) abo*; or
(d) Arising out of his or her providing or failing to provide professional health care services.
Howewr:
Paragraphs (l)(a) and (l)(d) do not apply to your "employees" or "olunteerworkers", who are not
employed by you or olunteering for you as health care professionals, for "bodily injury" arising out of
"Good Samaritan Acts" while the "employee" or "olunteerworker" is performing duties related to the
conduct ofyour business.
"Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency
situation for which no remuneration is demanded or receiwd.
Paragraphs (l%a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in
rank, with respect to "bodily injury" to co-"employees". As used in this provision, "employees" designated
as a supervisor or higherin rank means only "employees" who are authorized by you to exercise direct or
indirectsupervisionorcontrolowr"employees"or"olunteerworkers"andthemannerinwhich work is
performed.
D. Additionallnsureds-LesseesofPremises
1. Sectionll-WholsAnlnsuredisamendedtoincludeasanadditionalinsuredanyperson(s)ororganization(s)
who leases or rents a part ofthe premises you own or manage who you are required to add as an additional
insured on this policy under a written contract or written agreement, but only with respect to liability arising out of
your ownership, maintenance or repair of that part ofthe premises which is not reserwd for the exclusiw use or
occupancy of such person or organization or any other tenant or lessee.
This provision does not apply afier the person or organization ceases to lease or rent premises from you.
Howe*r, the insurance afforded to such additional insured:
a. Only applies to the extent pemiitted by law; and
b. Willnotbebroaderthanthatwhichyouarerequiredbythewrittencontractorwrittenagreementtoprovidefor
such additional insured.
2. Withrespecttotheinsuranceaffordedtotheadditionalinsuredsunderthisendorsement,thefollowingisaddedto
Section 111- Limits Oflnsurance:
U-GL-1 345-B CW (04/1 3)
Page 2 of 12
Includescopyrighted material oflnsurance ServicesOffice, Inc.,with itspermiss'on.
The most we will pay on behalf of the additional insured is the amount ofinsurance:
a. Required by the written contract or written agreement referenced in Subparagraph D.I. abow (of this
endorsement); or
b. Available under the applicable Limits oflnsurance shown in the Declarations,
whichewr is less.
This Paragraph D. shall not increase the applicable Limits oflnsurance shown in the Declarations.
E. Additionallnsured-Vendors
1. ThefollowingchangeappliesifthisCowragePartprovidesinsurancetoyoufor"bodilyinjury"and"property
damage" included in the "products-oompleted operations hazard":
Section II- Who Is An Insured is amended to include as an additional insured any person or organization
(referred to throughout this Paragraph E. as wndor) who you haw agreed in a written contract or written
agreement, prior to loss, to name as an additional insured, but only with respect to "bodilyinjury" or "property
damage" arising out of "your products" which are distributed or sold in the regular course of the wndor's
business:
Howewr, the insurance afforded to such wndor:
a. Only applies to the extent permitted by law; and
b. Willnotbebroaderthanthatwhichyouarerequiredbythewrittencontractorwrittenagreementtoprovidefor
such wndor.
2. With respect to the insurance afforded to these wndors, the following additional exclusions apply:
a. The insurance afforded the wndor does not apply to:
(1) "Bodilyinjury"or"propertydamage"forwhichthewndorisobligatedtopaydamagesbyreasonofthe
assumptionofliabilityinacontractoragreement. Thisexclusiondoesnotapplytoliabilityfordamages
that the wndor would haw in the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the *ndor;
(4) Repackaging, except when unpacked solely for the purpose ofinspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(5) Anyfailuretomakesuchinspections,adjustments,testsorserv'cingasthewndorhasagreedtomake
or normally undertakes to make in the usual course of business, in connection with the distribution or sale
of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
wndor's premises in connection with the sale ofthe product;
(7) Productswhich,afierdistributionorsalebyyou,hawbeenlabeledorrelabeledorusedasacontainer,
part or ingredient ofany otherthing orsubstance by orforthe wndor; or
(8) "Bodilyinjury"or"propertydamage"arisingoutofthesolenegligenceofthewndorforitsownactsor
omissionsorthoseofitsemployeesoranyoneelseactingonitsbehalf. Howewr,thisexclusiondoesnot
apply to:
(a) TheexceptionscontainedinSubparagraphs(4)or(6);or
(b) Suchinspections,adjustments,testsorservicingasthewndorhasagreedtomakeornormally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
b. Thisinsurancedoesnotapplytoanyinsuredpersonororganization,fromwhomyouhawacquiredsuch
products, or any ingredient, part or container, entering into, accompanying or containing such products.
c. Thisinsurancedoesnotapplytoanyof"yourproducts"forwhichcowrageisexcludedunderthisCowrage
Part.
U-GL-13 45-B CW (04/1 3)
Page 3 of 12
Includescopyrighted material oflnsurance ServicesOffice, Inc.,with itspermiss'on.
3. With respect to the insurance afforded to the wndor under this endorsement, the following is added to Section Ill
- Limits Oflnsurance:
The most we will pay on behalf of the wndor is the amount ofinsurance:
a. Required by the written contract or written agreement referenced in Subparagraph E.1. abow (of this
endorsement); or
b. AoilableundertheapplicableLimitsoflnsuranceshownintheDeclarations,
whiche*r is less.
This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations.
F. Additionallnsured-Managers,LessorsorGovernmentalEntity
1. Sectionll-WholsAnlnsuredisamendedtoincludeasaninsuredanypersonororganizationwhoisa
manager, lessor or gowrnmental entity who you are required to add as an additional insured on this policy
undera written contract, written agreement orpermit, but onlywith respectto Iiabilityfor"bodily injury",
"property damage" or "personal and adwrtising injury" caused, in whole orin part, by:
a. Your acts or omissions; or
b. Theactsoromissionofthoseactingonyourbehalf;and
resulting directly from:
a. Operationsperformedbyyouoronyourbehalfforwhichthestateorpoliticalsubdivisionhasissueda
permit;
b. Ownership, maintenance, occupancy or use of premises by you; or
c. Maintenance,operationorusebyyouofequipmentleasedtoyoubysuchpersonororganization.
Howewr, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Willnotbebroaderthanthatwhichyouarerequiredbythewrittencontractorwrittenagreementtoprovide
for such additional insured.
2. This provision does not apply:
a. Unless thewritten contractorwritten agreementhas been executed, orthe permit has been issued, priorto
the "bodily injury", "property damage" or offense that caused "personal and adwrtising injury";
b. ToanypersonororganizationincludedasaninsuredunderParagraph3.ofSectionll-WholsAnlnsured;
c. Toanylessorofequipmentifthe"occurrence"oroffensetakesplaceaftertheequipmentleaseexpires;
d. To any:
(1) Owners or other interests from whom land has been leased by you; or
(2) Managers or lessors of premises, if:
(a) The"occurrence"oroffensetakesplaceafiertheexpirationoftheleaseoryouceasetobeatenant
in that premises;
(b) The"bodilyinjury","propertydamage"or"personalandadwrtisinginjury"arisesoutofthestructural
alterations, new construction or demolition operations performed by or on behalf of the manager or
lessor; or
(c) The premises are excluded under this Cowrage Part.
3. Withrespecttotheinsuranceaffordedtotheadditionalinsuredsunderthisendorsement,thefollowingisadded
to Section Ill- Limits Oflnsurance:
The most we will pay on behalfofthe additional insured is the amount ofinsurance:
a. Required by the written contract or written agreement referenced in Subparagraph F.1. abow (of this
endorsement); or
U-GL-1 345-B CW (04/1 3)
Page 4 of 12
Includescopyrighted material oflnsurance ServicesOffice, Inc.,with itspemiis'on.
b. AvailableundertheapplicableLimitsoflnsuranceshownintheDeclarations,
whichewr is less.
This Paragraph F. shall not increase the applicable Limits oflnsurance sh:iwn in the Declarations.
G. Damage to Premises Rented or Occupied by You
1. The last paragraph under Paragraph 2. Exclusions of Section l- Coverage A - Bodily I nju ry An d P ro perty
Damage Liability is replaced by the following:
Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily
occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of
Insurance applies to this cowrage as described in Section Ill- Limits Oflnsurance.
2. Paragraph6.ofSectionlll-LimitsOflnsuranceisreplacedbythefollowing:
6. Subject to Paragraph 5. abow, the Damage To Premises Rented To You Limit is the most we will pay under
Cowrage A for damages because of "property damage" to any one premises while rented to y ou, or i n the
case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily
occupied by you with permission ofthe owner.
H. Broadened Contractual Liability
The "insured contract" definition under the Definitions Section is replaced by the following:
"Insured contract" means:
a. Acontractforaleaseofpremises. Howewr,thatportionofthecontractforaleaseofpremisesthatindemnifies
any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied
by you with permission of the owner is not an "insured contracf';
b. A sidetrack agreement;
c. Any easement orlicense agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a
municipality in connection with work performed for a municipality) under which you assume the tort liability of
anotherparty to pay for"bodily injury", "propertydamage", or"personal and adwrtising injury" arising out of the
offenses of false arrest, detention orimprisonment, to a third person or organization. Tort liability means a liability
that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) Thatindemnifiesanarchitect,engineerorsurhyorforinjuryordamagearisingoutof:
(a) Preparing, approving, or failing to prepare or approw, maps, shop drawings, opinions, reports, s urvey s,
field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to giw them, if that is the primary cause of the injury or
damage; or
(2) Under which the insured, if an architect, engineer or surwyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in
Paragraph (1) abow and supervisory, inspection, architectural orengineering activities.
1. Definition-SpecificPerils
The following definition is added to the Definitions Section:
"Specific perils" means:
a. Fire;
b. Lightning;
c. Explosion;
U-GL-1 345-B CW (04/1 3)
Page5of12
Includescopyrighted material oflnsurance ServicesOffice, Inc.,with itspemiission.
d. Windstorm or hail;
e. Smoke;
f. Aircraft orwhicles;
g. Vandalism;
h. Weightofsnow,iceorsleet;
i. Leakage from fire extinguishing equipment, including sprinklers; or
j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or
steam.
J. LimitedContractualLiabilityCoverage-PersonalandAdvertisinglnjury
1. Exclusione.ofSectionl-CoverageB-PersonalAndAdvertisinglnjuryLiabilityisreplacedbythefollowing:
2. Exclusions
This insurance does not apply to:
e. Contractual Liability
"Personal and adwrtising injury" for which the insured has assumed liability in a contract or agreement.
This exclusion does not apply to:
(1) Liabilityfordamagesthattheinsuredwouldhawintheabsenceofthecontractoragreement;or
(2) Liability for"personal and adwrtising injury" if
(a) The "personal and adwrtising injury" arises out of the offenses of false arrest, detention or
imprisonment;
(b) The liability pertains to your business and is assumed in a written contract orwritten agreement in
which you assume the tort liability of another. Tort liability means a liability that would be
imposed by lawin the absence of any contract or agreement; and
(c) The "personal and adwrtising injury" occurs subsequent to the execution ofthe written contract
or written agreement.
Solely for purposes ofliability so assumed in such written contractorwritten agreement, reasonable
attorney fees and necessary litigation expenses incurred by orfora party otherthan an insured are
deemed to be damages because of "personal and adwrtising injury" described in Paragraph (a)
abow, provided:
(i) " been assumed in the(i) Liability to such party for, or for the cost of, that party's defense has also been as su med i n the
same written contract orwritten agreement; and
(ii) Such attorney fees and litigation expenses are for defense of that party against a civil or
alternati* dispute resolution proceeding in which damages to which this insurance applies are
alleged.
2. Paragraph2.d.ofSectionl-SupplementaryPayments-CoveragesAandBisreplacedbythefollowing:
d. The allegations in the "suit" and theinformation we know about the "occurrence" or offense are such that no
conflict appears to exist between the interests ofthe insured and the interests of the indemnitee;
3. The following is added to the paragraph directly following Paragraph 2.f. of Section I - Supplementary
Payments- CoveragesA and B.
NotwithstandingtheprovisionsofParagraph2.e.(2)ofSectionl-CowrageB-PersonalAndAdwrtising Injury
Liability, such payments will not be deemed to be damages for "personal and adwrtising injury" and will not
reduce the limits ofinsurance.
K. Supplementary Payments
The following changes apply to Supplementary Payments - CoveragesA and B:
Paragraphs I.b. and I.d. are replaced by tte following:
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b. Upto$2,500forthecostofbailbondsrequiredbecauseofaccidentsortrafficlawviolationsarisingoutoftheuse
of any whicle to which the Bodily Injury Liability Cowrage applies. We do not haw to furnish these bonds.
d. All reasonable expenses incurred by theinsured at our requestto assist us in the inwstigation ordefense of the
claim or "suit", including actual loss of earnings up to $500 a day because oftime offfrom work.
L. Broadened Propeity Damage
1. PropertyDamagetoContentsofPremisesRentedShort-Term
The paragraph directly following Paragraph (6) in Exclusion j. of Section I- Coverage A - Bod ily I nju ry And
Property Damage Liability is replaced by the following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage
by "specific perils"), including "property damage" to the contents of such premises, rented to you u nder a rental
agreement for a period of 14 or fewer consecutiw days. A separate Limit of Insurance applies to Damage to
Premises Rented to You as described in Section Ill- Limits Oflnsurance.
2. Elevator Property Damage
a. The following is added to Exclusion j. ofSection l- Coverage A - Bodily Injury And P roperty Da mage
Liability:
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an
elehtor at premises you own, rent or occupy.
b. ThefollowingisaddedtoSectionlll-LimitsOflnsurance:
Subject to Paragraph 5. abow, the most we will pay under Cowrage A for damages because of "property
damage" to property loaned to you or personal property in the care, custody orcontrol ofthe insured arising
out of the use ofan elevator at premises you own, rent or occupy is $25,000 per "occurrence".
3. Propeity Damage to Borrowed Equipment
a. The following is added to Exclusion j. of Section I- Coverage A - Bodily Inju ry An d P ro perty Da mage
Liability:
Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a
jobsite.
b. ThefollowingisaddedtoSectionlll-LimitsOflnsurance:
Subject to Paragraph 5. abow, the most we will pay under Cowrage A for damages because of "property
damage" to equipment you borrow from others is $25,000 per "occurrence".
M. Expected or Intended Injury or Damage
Exclusion a. of Section l- Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:
a. Expected Or Intended Injury Or Damage
"Bodilyinjury"or"propertydamage"expectedorintendedfromthestandpointoftheinsured. Thisexclusiondoes
not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect pers ons or
property.
N. Definitions- Bodily Injury
The "bodily injury" definition under the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental
injury, shock, fright or death sustained by that person which results from that bodily injury, sickness or disease.
0. Insured Status-AmateurAthletic Participants
Sectionll-WholsAnlnsuredisamendedtoincludeasaninsuredanypersonyousponsorwhileparticipating in
amateur athletic activities. Howewr, no such person is an insured for:
a. "Bodily injury"to:
('1) Your"employee","olunteerworker"oranypersonyousponsorwhileparticipatinginsuchamateurathletic
activities; or
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(2) You, any partner or member (if you are a partnership or joint wnture), or any member (if you are a limited
liability company) while participating in such amateur athletic activities; or
b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or
owr which the physical control is being exercised for any purpose by:
(1) Your"employee", "olunteerworker" orany person you sponsor; or
(2) You, any partner or member (if you are a partnership or joint wnture), or any member (if you are a limited
liability company).
P. Non-OwnedAircraff,AutoandWatercraft
Exclusion g. of Section I- Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:
g. Aircraft, Auto OrWatercraft
"Bodily injury" or"property damage" arising out ofthe ownership, maintenance, use orentrustment to others of
anyaircraft,"auto"orwatercrafflownedoroperatedbyorrentedorloanedtoanyinsured. Useincludesoperation
and "loading or unloading".
This exclusion applies ewn if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by thatinsured, if the "occurrence" which caused
the "bodily injury" or "property damage" inoM,d the ownership, maintenance, use or entrustmentto others or any
aircraft, "auto" or watercraffl that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) Awatercraftwhileashoreonpremisesyouownorrent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a charge;
(3) Parking an "auto" on, or on the ways nextto, premises you own or rent, provided the "auto" is not owned by
or rented orloaned to you or the insured;
(4) Liabilityassumedunderany"insuredcontract"fortheownership,maintenanceoruseofaircrafflorwatercraft;
(5) An aircrafi that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned
in whole or in part by an insured; or
(6) "Bodilyinjury"or"propertydamage"arisingoutof
(a) The operation of machinery or equipment that is attached to, or part of, a land whicle that would qualify
under the definition of "mobile equipment"if it were not subject to a compulsory or financial responsibility
law or other motor whicle insurance law where it is licensed or principalfy garaged; or
(b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of
"mobile equipment".
Q. Definitions-LeasedWorker,TemporaryWorkerandLaborLeasingFirm
1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the
following:
"Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you
and the "labor leasing firm", to perform duties related to the conduct ofyour business. "Leased worker" does not
include a "temporary worker".
"Temporary worker" means a person who is furnished to you to support or supplement your work force during
"employee" absences, temporary skill shortages, uptums or downturnsin business or to meet seasonal or s hort-
termworkloadconditions. "Temporaryworker"doesnotincludea"Ieasedworker".
2. ThefollowingdefinitionisaddedtotheDefinitionsSection:
"Labor leasing firm" means any person or organization who hires out workers to others, including any:
a. Employmentagency, contradororservices;
b. Professional employer organization; or
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c. Temporary help service.
R. Definition - Mobile Equipment
Paragraph f. of the "mobile equipment" definition under the Definitions Section is replaced by the following:
f. Vehicles not described in Paragraph a., bai C. Or d. abow maintained primarily for purposes other than the
transportation of persons or cargo.
Howewr, self-propelled whicles with the following types of permanently attached equipment, exceeding a
combined gross whicle weight of 1000 pounds, are not "mobile equipmenf' but will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow remool;
(b) Road maintenance, but not construction or resurFacing; or
(c) Street cleaning;
(2) Cheriy pickers and similar devices mounted on automobile or truck chassis and used to raise or lower
workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment.
S. Definitions-YourProdudandYourWork
The "your product" and "your work" definitions under the Definitions Section are replaced by the following:
"Your product":
a. Means:
(1) Any goods orproducts, otherthan real property, manufactured, sold, handled, distributed ordisposed ofby:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you haw acquired; and
(2) Containers (other than whicles), materials, parts or equipment furnished in connection with such goods or
products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance,
use, handling, maintenance, operation or safety of "your product"; and
(2) The prov'ding of or failure to provide wamings orinstructions.
c. Doesnotinclude*ndingmachinesorotherpropertyrentedtoorlocatedfortheuseofothersbutnotsold.
"Yourwork":
a. Means:
(1 ) Work, services or operations performed by you or on your behalf; and
(2) Materials, parts or equipment furnished in connection with such work, serv'ces or operations.
b. Includes:
(1) Warrantiesorrepresentationsmadeatanytimewithrespecttothefitness,quality,durabilihy, performance,
use, handling, maintenance, operation or safety of "your work"; and
(2) The prodding of or failure to provide warnings or instructions.
T. Priority Condition
The following paragraph is added to Section Ill - Limits Of Insurance:
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In the ewnt a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily
injury" or"property damage" caused by the same "occurrence" or"personal and adwrtising injury" caused by the
same offense, we will apply the Limits of Insurance in the following order:
(a) You;
(b) Your"executiw officers", partners, directors, stockholders, members, managers (ifyou are alimited liability
company) or "employees"; and
(c) Any otherinsured in any order that we choose.
U. DutiesintheEventofOccurrence,Offense,ClaimorSuitCondition
The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Clai m Or S u it
of Section IV - Commercial General Liability Conditions:
Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or
"suit" shall be giwn to us as soon as practicable after knowledge ofthe "occurrence", offense, claim or "suit" has
been reported to any insured listed under Paragraph 1. of Section 11- Who Is An Insured or an "employee" authorized
byyoutogiworreceiwsuchnotice. Knowledgebyother"employees"ofan"occurrence",offense, claimor"suit"
does not imply that you also haw such knowledge.
In the ewnt that an insured reports an "occurrence" to the workers compensation carrier ofthe Named Insured and
this "occurrence" later de*lops into a General Liability claim, cowred by this Cowrage Part, theinsured's failure to
report such "occurrence" to us at the time ofthe "occurrence" shall not be deemed to be a violation ofthis Condition.
You must, howewr, gi* us notice as soon as practicable affer being made aware that the particular claim is a
General Liability rather than a Workers Compensation claim.
V. Other Insurance Condition
Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV - Commercial General Liability
Conditions are replaced by the following:
4. Other Insurance
Ifotherolid andcollectibleinsuranceisavailabletotheinsuredforalosswecowrunderCoverages A or B of
this Cowrage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our
obligationsarenotaffectedunlessanyoftheotherinsuranceisalsoprimary. Then,wewillsharewithallthat
otherinsurance by the method described in Paragraph c. below. Howe*r, this insurance is pri mary to and
will not seek contribution from any otherinsurance awilable to an additional insured provided that:
(1) TheadditionalinsuredisaNamedlnsuredundersuchotherinsurance;and
(2) You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any otherinsurance aoilable to the additional insured.
Other insurance includes any type of self insurance or other mechanism by which an insured arranges for
funding of its legal liabilities.
b. Excess Insurance
(1) Thisinsuranceisexcesso*r:
(a) Any ofthe otherinsurance, whether primary, excess, contingent or on any other basis:
(i) That is property insurance, Builder's Risk, Installation Risk or similar cowrage for "yourwork";
(ii) That is property insurance purchased by you (including any deductible or selfinsurance portion
thereof) to cowr premises rented to you or temporarily occupied by you with permission of the
owner;
(iii) That is insurance purchased by you (including any deductible or selfinsurance portion thereof) to
co*r your liability as a tenant for "property damage" to premises rented to you or temporarily
occupied by you with permission ofthe owner;
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(iv) If the loss arises out ofthe maintenance or use ofaircraft, "autos" orwatercraft to the extent not
subject to Exclusion g. of Section I- Cowrage A - Bodily Injury And Property Damage Liability;
or
(v) Thatispropertyinsurance(includinganydeductibleorselfinsuranceportionthereof)purchased
by you to cowr damage to:
Equipment you borrow from others; or
Propertyloanedtoyouorpersonalpropertyinthecare,custodyorcontroloftheinsured arising
out of the use of an eleotor at premises you own, rent or occupy.
(b) Any other primary insurance (including any deductible or selfinsurance portion thereof) available to
theinsured cowring liability for damages arising out ofthe premises, operations, products, work or
services forwhich the insured has been granted additional insured status either by policy provision or
attachmentofanyendorsement. Otherprimaryinsuranceincludesanytypeofselfinsuranceorother
mechanism by which an insured arranges for funding of its legal liabilities.
(c) Anyoftheotherinsurance,whetherprimary,excess,contingentoronanyotherbasis,aoilabletoan
additional insured, in which the additional insured on our policy is also cowred as an additional
insured on another policy prodding cowrage for the same "occurrence", claim or "suit". This
provision does not apply to any policy in which the additional insured is a Named Insured on such
other policy and where our policy is required by written contract or written agreement to provide
cowrage to the additional insured on a primary and non-contributoiy basis.
W. Unintentional Failure to Disclose All Hazards
Paragraph 6. Representations of Section IV - Commercial General Liability Conditions is replaced by the
following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We haw issued this policy in reliance upon your representations.
Cowrage will continue to apply ifyou unintentionally:
a. Fail to disclose all hazards existing at the inception ofthis policy; or
b. Makeanerror, omissionorimproperdescriptionofpremisesorotherstatementofinformationstated in this
policy.
You must notify us as soon as possible afierthe discowry ofany hazards orany other information that was not
provided to us priorto inception ofthis Cowrage Part.
X. WaiverofRightofSubrogation
Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us ofSection IV - Commercial General
Liability Conditions is replaced by the following:
8. TransferOfRightsOfRecoveryAgainstOthersToUs
a. IftheinsuredhasrightstorecowrallorpartofanypaymentwehawmadeunderthisCowragePart,
thoserightsaretransferredtous. Theinsuredmustdonothingafflerlosstoimpairthem. Atourrequest,
the insured will bring "suit" or transfer those rights to us and help us enforce them.
b. lftheinsuredwaiwsitsrighttorecowrpaymentsforinjuryordamagefromanotherpersonor
organization in a written contract executed prior to a loss, we waiw any right of recowry we may haw
against such person or organization because of any payment we haw made under this Cowrage Part.
The written contract will be considered executed when the insured's performance begins, orwhen it is
signed,whichewrhappensfirst. Thiswai*rofrightsshallnotbeconstruedtobeawaiwrwithrespect
to any other operations in which the insured has no contractual interest.
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Y. Liberalization Condition
The following condition is added to Section IV - Commercial General Liability Conditions:
Liberalization Clause
If we revise this Cowrage Part to broaden cowrage without an additional premium charge, your policy will
automatically provide the additional cowrage as ofthe day the revision is effectiw in the state shown in the mailing
address ofyour policy.
All otherterms and conditions ofthis policy remain unchanged.
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Coverage Extension Endorsement
ZURICH
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided underthe following:
BUSINESS AUTO COVERAGE FORM
With respectto cowrage provided by this endorsement, the provisions ofthe Cowrage Form apply unless modified by
the endorsement.
1. Broad Named Insured Amendment
Subsidiaries and Newly Acquired or Formed Organizations
With regards to this endorsement, tt'e words "you" and "your" refer to the Named Insured shown in the Declarations.
The Named Insured shown in the Declarations is amended to include:
A. Anylegallyincorporatedsubsidiaryinwhichyouownmorethan50%ofthevtingstockontheeffecti*dateof
thepolicy. Howewr,theNamedlnsureddoesnotincludeanysubsidiarythatisan"insured"underanyother
automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit
of Insurance.
B. Anyorganizationthatisacquiredorformedbyyouandowrwhichyoumaintainmajorityownership. Howewr,
the Named Insured does not include any newly formed or acquired organization:
1. That is a partnership, joint wnture orlimited liability company;
2. Thatisan"insured"underanyotherpolicy;
3. ThathasexhausteditsLimitoflnsuranceunderanyotherpolicy;or
4. 180daysormoreafieritsacquisitionorformationbyyou,unlessyouha*giwnusnoticeoftheacquisition
or formation.
Cowrage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred
before you formed or acquired the organization.
2. Amendment-8upplementaryPayments
Paragraphs A.2.a.(2) and A.2.a.(4) of Section II- Liability Cove rage are replaced by the following:
2. Coverage Extensions
a. Supplementary Payments
In addition to the Limit of Insurance, we will pay for the "insured":
(2) Upto$5,000forthecostofbailbonds(includingbondsforrelatedtrafficlawviolations)requiredbecause
of an "accident" we cowr. We do not haw to furnish these bonds.
(4) All reasonable expensesincurred by the "insured" at our request, including actual loss ofearnings up to
$500 a day because oftime offfrom work.
u-CA-424-D CW (8/05)
Page 1 of 3
3. Fellow Employee
Paragraph B.5. Fellow Employee Exclusion ofSection II- Liability Coverage does not apply ifyou haw worker's
compensation insurancein-force cowring all ofyour"employees".
Cowrage is excess owr any other collectible insurance.
4. Lease GapCoverage
Section Ill- Physical Damage Coverage is amended by the addition of the following:
In the ewnt of a total "loss" to a cowred "auto", we will pay any unpaid amount due on the lease or loan for a co*red
"auto", less:
1. TheamountpaidunderthePhysicalDamageCowrageSectionofthepolicy;and
2. Any:
a. Owrdue lease/loan payments at the time ofthe "loss";
b. Financial penalties imposed under a lease for excessiw use, abnormal wear and tear or high mileage;
c. Security deposits not returned by the lessor;
d. Costsforextendedwarranties,CreditLifelnsurance,Health,AccidentorDisabilitylnsurancepurchasedwith
the loan or lease; and
e. Carry-owr balances from previous loans or leases.
5. PhysicalDamage-AdditionalTemporaryTransportationExpenseCoverage
Paragraph A.4.a. ofSection Ill - Physical Damage Coverage is replaced by the following:
4. Coverage Extensions
a. Transportation Experses
Wewill pay upto$50 perday toa maximum of$l,000fortemporary transportation expense incurred by you
becauseofthetotaltheffofacowred"auto"ofthepriotepassengertype. Wewillpayonlyforthose
co*red"autos"forwhichyoucarryeitherComprehensiworSpecifiedCausesofLossCowrage. Wewill
pay for temporary transportation expenses incurred during the period beginning 48 hours afierthe theft and
ending, regardless of the policy's expiration, when the cowred "auto" is returned to use or we pay for its
"loss".
6. Airbag Coverage
The following is added to Paragraph B.3.a. ofSection Ill- Physical Damage Coverage:
The exclusion relating to mechanical breakdown does not apply tothe accidental discharge ofan airbag.
7. Two or More Deductibles
The following is added to Paragraph D. Deductible of8ection Ill - Physical Damage Coverage:
If an accident is cowred both by this policy or cowrage form and by another policy or cowrage form issued to you by
a Zurich Financial Services Group company, the following applies for each cowred "auto" on a per whicle basis:
A. IfthedeductibleunderthisBusinessAutoCowrageFormisthesmaller(orsmallest)deductible,itwillbewai*d;
B. lfthedeductibleunderthisBusinessAutoCowrageFormisnotthesmaller(orsmallest)deductible,itwillbe
reduced by the amount of the smaller (or smallest) deductible.
U-CA-424-D CW (8/05)
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8. AmendedDutiesintheEventofAccident,Claim,SuitorLoss
The requirement in A.2.a. Duties In The Event of Accident, Claim, Suit or Loss of Section IV - Business Auto
Conditions that you must notify us of an "accident" applies only when the "accident" is known to:
A. You, ifyou are an individual;
B. A partner, ifyou are a partnership;
C. A member, ifyou are alimited liability company; or
D. An executiw officer orinsurance manager, if you are a corporation.
9. Unintentional Failureto Disclose Hazards
The following is added to Paragraph B. General Conditions ofSection IV - BusinessAuto Conditions:
We will not deny cowrage under this Cowrage Form if you unintentionally:
A. Failtodiscloseanyhazardsexistingattheinceptiondateofyourpolicy;or
B. Makeanerror,omission,orimproperdescriptionofautosorotherstatementofinformationstatedinthispolicy.
You must notify us as soon as possible after the discowry of any hazards or any otherinformation that was not
provided to us priorto the acceptance ofthis policy.
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Page 3 of 3
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B
(Ed. 9-14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
BLANKET BASIS
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% of the total manual premium otherwise due on such
remuneration. The minimum premium for this endorsement is $350.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
BLANKET WAIVER
Person/Organization Blanket Waiver - Any person or organization for whom the Named Insured has
agreed by written contract to furnish this waiver.
Job Description
All CA Operations
Waiver Premium
3196.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 12/04/2019
jnSured CSG COnSultantS, Inc.
PolicyNo. CSWCO36787
Endorsement No.
Premium $
Insurance Company Redwood Fire And Casualty Insurance
WC 99 04 10B
(Ed. 9-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION - CERTIFICATE HOLDERS
(SPECIFIED DAYS)
The person(s) or organization(s) listed or described in the Schedule below have requested that they
receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the
Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of
cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days,
except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective
date of the cancellation, to the address or addresses of certificate holders as provided by your broker or
agent.
Schedule
Person(s) or Organization(s) including mailing address:
All certificate holders where written notice of the cancellation of this policy is required by written
contract, permit or agreement with the Named Insured and whose names and addresses will be
provided by the broker or agent listed in the Declaratioris Page of this policy for the purposes or
complying with such request.
This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such
notification to the person(s) or organization(s) shown in the Schedule will not extend any policy
cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle
the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or
protection under this policy.
Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to
that statute or rule.
All other terms and conditions of this policy remain unchanged.
Endorsement Number: 7
Policy Numbet. PAAEPOOO8804
Named Insured: CSG Consultants, Inc.
This endorsement is effective on the inception date of this Policy unless otherwise stated herein:
Endorsement Effective Date: December 4, 2019
00 MLOO87 00 11 10 Page 1 of 1
First Amendment for Consultant Construction
MGMT Services on various CIP
Final Audit Report 2020-06-11
Created:2020-06-09
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA8yp9klQPFqXNXulRHdKCltPoNoIE7ZX-
"First Amendment for Consultant Construction MGMT Services o
n various CIP" History
Document created by Julia Kinst (juliak@cupertino.org)
2020-06-09 - 3:35:40 PM GMT- IP address: 64.178.242.15
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
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