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18-092 Done Right, Inc., Roof Replacement at Linda Vista and Memorial ParksCITY OF (I PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on _M_a~y_2_1~,_2_0_1_8 ____ _ ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Done Right, Inc , a Corporation ("Contractor") for roof replacements at Linda Vista and Memorial Parks 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on August 31, 2018 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 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 Parties agree may be difficult to ascertain, 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$ 21,125.00 ("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 , describing the Work performed during the preceding month, itemizing labor, materials, equipment and Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev. Nov 3, 2017 Page I of 11 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 manner 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-39 , which must remain valid for the entire Contract Time. ' 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms 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 perform 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 indemnification 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 indirectly, by operation of law 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 Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 2 of I I 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 with its own forces, except that Contractor may hire qualified subcontractors to perform up to 20 % 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 City. A Notice of Completion must be recorded within 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 reports must describe the Work and specific tasks performed , the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, 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; HVAC systems; utilities and utility connections; and any other components City determines 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. Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend , and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents , servants, volunteers and consultants ("lndemnitees"), through legal counsel acceptable to City , from and against any and all 1 iabi 1 ity , 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 warranties; (b) Performance 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 economic loss resulting from the work or performance 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 certificates of insurance and endorsements evidencing the type , amount, class of operations covered, and the effective and expiration dates of coverage. Failure 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 terminating the Contract. Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with 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 perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited 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 of Industrial 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 $ 200 .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 3700 which requires every employer to be insured against liability for workers' compensation or to undertake 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. Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 5 of 11 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 employees that creates a conflict of interest. Contractor may be required 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 otherwise 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 terminate the Contract. City will not execute the Contract nor issue the NTP 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 alerts 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 work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, 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 information about the worksite made available to Contractor; and Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual 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 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 will 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 barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 1_5, 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 slurry 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 manner; (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 stormwater 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. Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with 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 Glenn Lenker -------------------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 the Scope of Work. Any substitutions must be approved in writing by City. 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 through 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 performing 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 through 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 Superior 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 written 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 with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 8 of I I 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. 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 Warranty 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 IP ARTIAL INVALIDITY If a court finds any term 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 warranties, indemnities, payment obligations, insurance and bonds , shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 !Rev . Nov 3, 2017 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law 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. 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: Ken Tanase -------------Copy to: Carl Valdez Email: kent@cupertino.org 30. VALIDITY OF CONTRACT To Contractor: Done Right, Inc. Attention: Glenn Lenker -------------Copy to: -------------Em ail: glenn@donerightroofing.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 form by the City Attorney 's Office. 32. EXECUTION The persons signing below warrant 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 Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Done Right, Inc. Title: Project Manager Signature Date: _5_)~/ /~{-~------ Cupertino ity Attorney ATTEST: By: CITY OF CUPERTINO, a Municipal Corporation By:~~ Timm Borden Title: Director of Public Works Signature Date: ~5;__,_/_u'-+f~J~</ _____ _ Public Works Project Roof Replacements at Linda Vista and Memorial Parks Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 11 of 11 EXHIBIT 11A11 PROPOSAL DATE 4/16/2018 CUSTOMER ADDRESS JOB LOCATION City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 11000 Linda Vista Dr. CONTACT NAME WORK PHONE# HOME PHONE# CELL PHONE# Ken T Roof on bathroom. Remove existing roof and haul away. Install 30 pound felt. Install new flashing . Install 30 year color Heather Blend . Replace 2 turbines. Work to be scheduled ? Labor and Materials$4125 . DESCRIPTION There is a cap of $2500 for additional carpenter work needed including painting of new wood as needed . DISCLOSURES -Please read carefully: 408 613-0510 l) Done Right is not responsible for any damage done to driveway by trucks necessary to deliver materials or removing of old roof. 3) Dryrot, Carpentry and/or Custom Sheetmetal work is extra $150 per hour plus materials . ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. It is understood and agreed that this work is not provided for in any other agreement. PAYMENT TERMS: Paid upon completion Acceptance Signature (Owner/Contractor) Date ________ _ 20 YEAR WARRANTY AGAINST DEFECTS IN WORKMANSHIP Sales Tax Lie. #774962 8-1 C-39 C-43 Proposal expires in 30 days from date above . Thank you. TOTAL TOTAL NO . 7407 4,125.00 0 .00 $4,125 .00 EXH I BIT 11 A11 PROPOSAL DATE 4/20/2018 CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 CONTACT NAME WORK PHONE# Ken T . Roof on bathroom. Remove existing tile roof and haul away. Install 30 pound felt. Install new flashing. Install 30 year color? DESCRIPTION Replace 2 skylights with tempered white glass to resist breaking! Work to be scheduled ? HOME PHONE# C lean and prep top of beams apply Metacrylic primer with Fabric and Gel. Labor and Materials$12000 . JOB LOCATION Memorial Park CELL PHONE# 408 613-0510 There is a cap of $2500 for additional carpenter work needed including painting of new wood as needed. DISCLOSURES -Please read carefu ll y: 1) Done Right is not responsible for any damage done to driveway by trucks necessary to deliver materials or removing of old roof. 3) Dryrot, Carpentry and/or Custom Sheetmetal work is extra $150 per hour plus materials. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted . You are authorized to do the wo rk as specified . It is understood and agreed that this work is not provided for in any other agreement. PAYMENT TERMS : Paid upon completion Acceptance Signature (Owner/Contractor) Date ________ _ 20 YEAR WARRANTY AGAJNST DEFECTS IN WORKMANSHIP Sales Tax Lie . #774962 B-I C-39 C-43 Proposal expires in 30 days from date above. Thank you. TOTAL TOTAL NO. 7408 12,000.00 o:oo $12 ,000.00 'PUBLIC WORKS CONSTRUCTION CONTRACTS mall Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance 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 "occurrence" basis, written on 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, J 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 liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies , either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 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 (1) 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 "primary 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 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 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 Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then J hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3 . . J Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. 0 N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 181. NIA if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form , with limits equal to the completed value of the project and no coinsurance penalty provisions. ~ NIA if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$45,000 Version: Nov 201 7 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ NIA if box checked (Project does not involve environmental hazards). 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: (I) 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: Additional Insured Status The City of Cupertino, 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 performed by or on behalf of Contractor including materials, 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, through 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. Primary Coverage For any claims related to this 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 sat isfied in part 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-contributory" basis for the benefit of City. Notice of Cancellation 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 certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form 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 occurrence basis, for a ll -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 involve 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, machinery or eq uipm ent damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts -$45,000 Version : Nov 201 7 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of 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 Workers ' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M . Best's financial strength rating of "A" or better and a financial size rating of"Vll" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory 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 commences. The City reserves the right to require complete, certified 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 Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty 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 responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements , based on the nature of the risk, prior experience, insurer, coverage, or other circumstances . Insurance Requirements for Construction Contracts -$45,000 Version : Nov 201 7 3 i ! .----; ! DATE (MMIDD/YYYY) ACORD~; .,/ CERTIFICATE OF LIABILITY INSURANCE 05/16/18 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPR ESENTATIVE 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). PRODUCER I NAME~\,I I FRANK VITALE INSURANCE AGENCY I r.1J8.NN~ Extl (831} 462-9222 . {NCNo)(831) 462-9299 I 4067 Cory St I ~o"b?i~ss E'vi tale99@gmail ~com Sequel, CA 95073 INSURER(S) AFFORDING COVERAGE i NA/C# / INSURER A PREFERRED CONTRACTORS INS co I 12497 INSURED DONE RIGHT, INC : INSURER B .STATE COMPENSATION INS FUND 135076 CONTACT: GLENN LENKER INSURER C I I 1129 LONGFELLOW AVE I I INSURER D · I CAMPBELL, CA 95008 : INSURER E · I I i INSURER F . I i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: / THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 1 I I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS . I ~.::.E:...X.:..C=-LU:__S:__10.::_N:__S::__A_ND:......:C.:..O_N.:_D_IT_IO_N_S_O_F _S_UC_H_P~O=L=IC~IE=S=. ~LI_M_IT_s_s_H_O_W_N_MA_Y_H_A_V_E_B_E_EN_R_E~D~U=C=ED~BY~P-Al~D~C=LA~IM=s,.. """"-,----------------/ 1 L~~R I TYPE OF INSURANCE • ~~~~ 1:~R I POLICY NUMBER , :ai~gXJUi , :a,~g~ 1 LIMITS , ; x ; COMMERCIAL GENERAL LIABILITY ! I EACH OCCURRENCE I s 2 , O O O , O O O V r=+--i r=,I I ' DAMAGE IO REN fED I I ~I CLAIMS-MADE l!_ OCCUR I I I PREMISES Ea occurrence $ 50 000 i ! i V J411512018 !411512019 ! MEDEXP (Anyoneperson) j $ 5 000 AW y / y PC 266624 I I I PERSONAL&AOV INJURY !$ 1,000,000 i GEN 'L AGGREGATE LIMIT A PPLIES PER . 1. I ; GENERAL AGGREGATE i $ 4 I 000 1 000 ,v -=-ix [] PRo D / / 2 ooo ooo ~ POLICY L_ JECT . LOG I PRODUCTS -COMP/OP AGG s , / I OTHER. I I $ i AUTOMOBILE LIABILITY n ANYAUTO r-• OWNED ~ AUTOS ONLY I , HIRED ~ AUTOS ONLY I l HI SCHEDULED AUTOS NON-OWNED AUTOS ONLY ,- i I UMBRE LLA LIAS '~i OCC UR D EXCESS LIAS i CLA IMS-MADE , I DED I I RETENTION s I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY B I ANY PROPRIETOR/P ARTNER/EXECUTIVE OFFICER/M EMBER EXC LUDED? (Mandatory in NH) If yes. descnbe under DESCRIPTION OF OPERATIONS below ! YIN I n 1 N/A --; i y 13002353 -18 ,/ I I $ PROPERTY DAMAGE I S l (Pe r accident} , / BODILY INJURY (Per accident) S . $ ! EACH OCCURREN CE : AGGREGATE i s I I : XI STATUTE I I ER -I /1/1/2018 11/1/2019 i EL EACH ACCIDENT ! $ 1 : EL DISEASE -EA EMPLOYEl3 S I EL DISEASE -POLICY LIMIT I s DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 10 1. Additional Remarks Schedule . may be attached ,f more space is required) 1,000,000 V 1,000,000 I 1,000,000 ! PER CO "A" ADDITIONAL INSURED ENDORSEMENTS: SII24 1007, PRIMARY & NON-CONTRIBUTORY FORM: PCIC2479 1007, WAIVER OF SUBROGATION FORM: SII249671 1007 & PER CO "B" WAIVER OF SUBROGATION ENDORSEMENT !ATTACHED. THE CERTIFICATE HOLDER, THE CITY OF CUPERTINO, ITS COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE INSUREDS JOB OPERATIONS AT MEMORIAL PARK, CUPERTINO, CA. EST_ JOB COST: $4,125. **10 NOTICE FOR NON PAYMENT OF PREMIUM APPLIES CERTIFICATE HOLDER I CITY OF CUPERTINO i ATTN: CITY MANAGER 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . ACORD 25(2016/03) The ACORD nam e and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNITED SPECIAL TY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADD ITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BECAUSE OF THE PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional lnsured(s) Address: The City of Cupertino, its city Council, Officers, employees, agents, Servants (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Except as set forth above, all of the terms, conditions, and exclusions of this policy apply and remain in effect. PolicyNo. ~ Date os11 01201s Time: 12:01 a.tn. United Specialty Insurance Company 3250 Grey Hawk Ct, Ste. Z Carlsbad, CA 92010 By: i!J,iL~~ AuthorizeJ\;presentative END SIi 24 967110 07 ENDORSEMENT TO POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS L~SURANCE COMPANY RISK RETENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional Insured(s) Address: Certificate Holder -As Required by Written Contract All Projects and Locations (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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: I . 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. B . With respect to the insurance afforded lo these additional insureds, the following exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (I) AIJ 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 engaged in performing operations for a principal as part of the same project. C. The insurance afforded by the policy to the Additional Insured's) listed in the Schedule for the described location(s) is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy N6-~ Preferred Contractors Insurance Company ~ Risk Retention Group, LLC Date: 04/15/2018 27 North 27th Street, Suite 1900 Billings, Montana 5910 I Time: 12:01 a.m. By: 12),i/l~~ Au thorized\;presentative V 0912 END PCIC 24 79 10 07-1 of 1 THI S ENDO RS EM ENT CHANGES T HE POLICY. PLEASE READ IT C AREFULLY . UNITED SPECIALTY INSURANCE COMPANY C OMM ERC IAL GEN ER A L LI ABILI TY PO LI CY A DDITIONAL INS URED-OWNERS , LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART. SC HE D ULE N a m e of Pe rson(s) or Org a ni za tio n(s); Location(s) of cove red o perati o ns; Add itional lnsured (s) Address: The C ity of Cuperti no , its city Council , Officers, employees , ag e nts, Servants (If no e ntry appears above , the information requi re d to comple te this endorsement will be shown in the Declarations as ap plic abl e t o thi s en dorse m ent.) A. Section II -Who Is An Insured is ame nded to include as a n additio nal in su red th e person(s) or organization(s) shown in the Schedule , but only with respect to liabil it y for "bodily injury," "property damage" or "personal and advertising injury" cau s ed, 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 work for the additional insured(s) at the location(s) designated above performed for that insured and included in the "products- completed operations ha zard in accordance with this policy. Except as set forth above , all of the terms, conditions, and exclusions of this policy apply and remain in effect. Policy No . (~~ United Specialty Insurance Company ~ 3250 Grey Hawk Ct , Ste. Z Date 05/10/2018 Carlsbad , CA 92010 By: Time : 12 :0 1 a.m. -p~~ Authorized \.;presentative EN D Sil 24 992 6 10 07 ENDORSEMEN T AGREEMEN T BROKER COPY ·--WAIVER OF SUBROGATION ~ NA HOME OFFICE SAN FRANCISCO l-56-63-03 PAGE l OF l ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE MAY 15, 2018 AT 12.01 A.M. AND EXPIRING JANUARY l, 2019 AT 12.01 A.M. DONE RIGHT, INC. 1129 LONGFELLOW AVE CAMPBELL, CA 95008 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CUPERT IN O WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, DONE RIGHT, INC. IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE AB OVE EMPL OYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. . NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY , ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS .OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS , CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT . COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~::{,~ MAY 16, 2018 IL,,<>" .J/.e~:~ PRESIDENT AND CEO SCIF FORM 10217 IREV .7 ·20 14) 2570 O LD DP 2 17 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/00/YYYY) L _,,,-05/16/18 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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). PRODUCER l,',)_"!IA\,I NAME : FRANK VITALE INSURANCE AGENCY r.tJ8NN~ Extl: (831) 462-9222 / rffc NoiCB31) 462-9299 4067 Cory St ~m~~ssFvi tale99@gmail.com Soquel, CA 95073 $ INSURERIS) AFFORDING COVERAGE NAIC# INSURER A: PREFERRED CONTRACTORS INS CO 12497 INSURED DONE RIGHT, INC INSURER B: STATE COMPENSATION INS FUND 35076 CONTACT: GLENN LENKER INSURER C: 1129 LONGFELLOW AVE IN SURER D: CAMPBELL, CA 95008 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE """" ~UDR POLICY NUMBER 1MM100~1 /MM/DOIYYYY) LIMITS LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -D CLAIMS-MADE [Kl OCCUR UMO"""'"-I (I KJ:N I J:U PREMISES Ea occurrence) $ 50,000 - PC266624 4/15/2018 4/15/2019 MEO EXP (Any one person) $ 5.000 ,___ 1,000,000 A y y PERSONAL & ADV INJURY $ ,___ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ !Xj POLICY [] m?r D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY /Ea accidentf IN<;LJ: LIMI' $ -ANYAUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODIL y INJURY (Per accident) $ -AUTOS ONLY -AUTOS HIRED NON-OWNED cPr:.'r';&:7Je~1P"""''-'" $ AUTOS ONLY AUTOS ONLY -,___ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION XI STATUTE I I ERn· AND EMPLOYERS' LIABILITY YIN 3002353-18 l/l/2018 l/l/2019 1,000,000 Al« PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA y (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 g~;'i;~ftfr~~ "8~e6PERA TIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be atteched if more space is requ ired) PER CO "A" ADDITIONAL INSURED ENDORSEMENTS: SII24 1007, PRIMARY & NON-CONTRIBUTORY FORM: PCIC2479 1007, WAIVER OF SUBROGATION FORM: SII24967l 1007 & PER CO "B" WAIVER OF SUBROGATION ENDORSEMENT ATTACHED. THE CERTIFICATE HOLDER, THE CITY OF CUPERTINO, ITS COPNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE INSUREDS JOB OPERATIONS: ROOF ON BATHROOM AT 11000 LINDA VISTA DR, CUPERTINO, CA. EST. JOB COST: $4,125. **10 NOTICE FOR NON PAYMENT OF PREMIUM APPLIES CERTIFICATE HOLDER CITY OF CUPERTINO ATTN: CITY MANAGER 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. -~ ACORD25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNITED SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POI.ICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FO~M B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional lnsured(s) Address: The City of Cupertino, its city Council, Officers, employees, agents, Servants (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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. Except as set forth above , all of the terms, conditions, and exclusions of this policy apply and remain in effect. Policy No. Date Time: PC266624 05/10/2018 12:01 a.m. United Specialty Insurance Company 3250 Grey Hawk Ct, Ste. Z Carlsbad, CA 9201 O By: -£b,:,tt.~ ~ Authorized \;presentative END Sii 241 0 07 ENDORSEMENT TO POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional Insured(s) Address: Certificate Holder -As Required by Written Contract All Projects and Locations (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A . Section II -Who Is An Insured is amended lo 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: I. 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 Iocation(s) designated above. B . With respect lo the insurance afforded to these additional insureds, the following 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 engaged in performing operations for a principal as part of the same project. C. The insurance afforded by the policy to the Additional Insured's) listed in the Schedule for the described Iocation(s) is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: PC266624 Date: 04/15/2018 Time: 12:01 a.m. V 0912 Preferred Contractors Insurance Company Risk Retention Group, LLC 27 North 27th Street, Suite 1900 Billings, Montana 59101 By: -f?,J,ArJJ/ ~ Authorized fpresentative END PCIC 24 79 10 07-1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNITED SPECIAL TY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BECAUSE OF THE PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional lnsured(s) Address: The City of Cupertino, its city Council, Officers, employees , agents, Servants (If no entry appears above , the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Except as set forth above, all of the terms, conditions, and exclusions of this policy apply and remain in effect. Policy No. Date Time: PC266624 05/10/2018 12:01 a.m. United Specialty Insurance Company 3250 Grey Hawk Ct, Ste. Z Carlsbad, CA 92010 By: f).J,,i~~ Authorized \;presentative END Sil 24 967110 07 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BROKER COPY CO M P EN SAT IO N INS U RANC E FUND 3002353-18 RENEWAL NA HOME OFFICE SAN FRANCISCO 1-56-63-03 PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE MAY 15, 2018 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2019 AT 12.01 A.M. DONE RIGHT, INC. 1129 LONGFELLOW AVE CAMPBELL, CA 95008 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CUPERTINO WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, DONE RIGHT, INC. IT rs FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT rs FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03i.. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, 0 ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~!.~ MAY 16, 2018 IL_. .di~~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2570 OLD DP 217 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD IYYYYJ ~ 05 /16/2018 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 REPRESENTATIVE 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). PRODUCER CONTACT RICHARD ALESCH NAME : Sta t e farm RICHARD ALESCH rl)fNJ" "•"· 408-918-0877 I r..e~ Nol : 408-918-0879 A. 164 N. BASCOM AVE STE A ~ifl~~ss: ELENA.LAMP.QH54@STATEFARM.COM SAN JOSE, CA 95128 INSURER/SI AFFORDING COVERAGE NAIC # INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B: DONE RIGHT INC INSURER C : 1129 LONGFELLOW AVE INSURER O: CAMPBELL, CA 95008 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER · REVISION NUMBER: THIS rs TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED . NOT\MTHSTANDING ANY REQUIREMENT . TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \MTH RESPECT TO WHICH THIS CERT IFI CATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN rs SUBJECT TO ALL THE TERM S. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOl/vN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADD L SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSn wun POLICY NUMBER IMM/00/YYYYI IMM/ODNYYYI LIMITS I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s = ==i CLA IMS -MAOE D OCCUR OAMAGE TO RENTED s PREMISES IEa occu rrence! >--MED EXP (A ny one person, s PERSON AL & ADV INJUR Y s - GEN'L AGGR EGATE LIMIT APP LIES PER: GENERAL AGGR EG ATE s Fl DPRO-DLOC PRODUCTS· COMP/OP AGG s POLICY JE CT OTHER · s / AUTOMOBILE LIABILITY y 035 6730-E02-05S 05/02/2018 11/02/2018 ~OMBINED SIN GLE LIMIT s 1,000,000 V Ea accidenn Ii'"''"" BOOIL Y INJURY (Per person) s A OWNED fi SCHEDULED BODILY INJUR Y (Per accident) S AUTOS ONLY AUTOS HIREO NON-O'A,NED PROPERTY DAMAGE j AUTOS ONLY AUTOS ON LY {Per accident\ s I s UMBRELLA LIAB I EAC H OCCURRENCE s H OCCUR - EXCESS LIAS CLAIMS-MADE AGGR EGATE s OED I I RETENTION s s WORKERS COMPENSATION i I ~~fruTE I I OTH· ER ANO EMPLOYERS' LIABILITY YIN ANY PR OPR IETOR /PA RTNER /EXECUTIV E D E.L. EACH ACC IDENT s OFF ICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L . DISEASE -EA EMPLOYEE s ~li~~:'tff3~ onf gPERA TIONS below E.L. DISEASE -POLICY LIMIT s DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) ADDITIONA L INSURED: CITY OF CU PERTINO INCLUDING ITS CITY COUNC IL, BOARDS AND COMMISSIONS, OFFICERS, OFFICIALS, AGENTS . EMPLOYEES , CONS ULTANTS AND VO LUNTEERS THIS INSUR ANC E IS PRIMARY AND NON CONTR IBUTORY W ITH RESPECTS TO CLAIMS AR ISING OUT OF THE OPERATION OF THE DESCRIBED VEHICLES . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN C ITY OF CUPERTINO 10555 MARY AVE CUPERTINO. CA 95014 ATTN : KENT@CUPERTINO .ORG ACORD 25 (2016/03) ACCORDANC WITH THE POLICY OVISIONS. 1001485 132849.12 03·1~201 6 !?',:~ ~ State Farm Mutual Automobile Insurance Company PO Bo x 853922 Rich ardso n, TX 75085-3922 NAMED IN SURED 00134 000134 0058 DO NE RIGHT I NC 1 1 29 LO NGF ELLOW AVE CAMPBELL CA 95008 -7112 05-2127-3 B l•11ll1lll111l11l'l'·1'·1·1'1l•l•l11lll11•1l•1'''l11'l1•''li1 1l1l A DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. 08964 -3-8 MATCH 00 134 MUTL VOL DECLARATIONS PAGE POLI CY NUMBER 0 35 67 30-E0 2-05S POLICY PERIOD DE C 06 2017 to MAY 02 201 8 12 :01 A .M . Standard Time STAT E FARM PAYMENT PLAN NUMBER 0356223 702 AGENT DICKALESCH 164 N BASCOM AVE STE A SAN JOSE , CA 95128-1867 PHONE : ( 408)91 8-0 877 IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSE D. YOUR CAR 2008 CHEVROLET C1500 PICKUP 1GCEC19X08Z183152 603HCV10 Limit-Each Accident .. ®IJ:d'a~'#\OOW~~~lf~ Med ical Pa r.ments Cevera e $21. 69 mt . -:;a) . -.I'! .0 C $25 ,000 « "n pretie.o.s:&e!GWe.Eaf~ t2 · ·ee'ftui:: :1:1. . . o: Collision Coverage -$1,000 Deductible $109 . 27 e:n . yffii, xa-g u U1 Replaced policy number D356730-05R. Your total renewal premium for NOV 02 2017 to MAY 02 2018 is $630.68. 04312 /02203 See Reverse Side 155-3666 CA.2 05-2002 (o1a025fc) (o1a025 4c) 14SXON (o1a025te) Ag ent: DICKALESC H Telephone : (408)9 18-0877 Prep ared DE C 20 2017 2127-BO C 8 10 This poli cy is issued by State Farm Mutual Automobile Insura nce Comp any . MUTUAL CONDITIONS 1. Membership. While this policy is in force, the first insured shown on the Declarations Page is entitled to vote at all meetings of members and to receive dividends the Board of Directors in its disc retion may declare in accordance with rea sonable classifications and groupings of policyholders established by such Board . 2. No Contingent Liability. This policy is non-assessable . 3. Annual Meeting. The annual meeting of the members of the company shall be held at its home office at Bloomington, Illinois , on the second Monday of June at the hour of 1 o:oo A.M ., unless the Board of Directors shall elect to change the time and place of such meeting, in which case, but not otherwise , due notice shall be mailed each member at the address dis closed in this policy at least 1 O days prior thereto. In Witness Whereof, the State Farm Mutual Automobile Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois. ~m-~ Secretary President IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Your agent's name and contact information are provided on the front of this document. Another option is to reach out by mail or phone directly to: State Farm® Executive Customer Service PO Box 2320 Bloomington IL 61702 Phone# 1-800-ST ATEFARM (1 -800 · 782-8332) Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Phone# 1-800-927-HELP (4357) or visit www.insurance.ca.gov/01-consumers NOTICE We a re required to furnish you with the following information : 1. An automobile liability insurance company may cancel a policy before the end of the current policy per iod for reasons described in the provision titled Cancellation which is located in the General Terms section of your policy (refer to the Contents in the beginning of your policy for the page number). 2. An automobile liab ility insurance company may increase the premium or refuse to renew the policy for any of the following reasons: a. Accident involvement by an insured, and whether an insured is at fault in the accident. b. A change in, or an addition of, an insured vehicle . c. A change in, or addition of, an insured under the policy . d. A change in the location of garaging of an insured vehicle . e. A change in the use of the insured veh icle . f. Convictions for violating any provision of the Vehicle Code or the Penal Code relating to the operation of a motor vehicle . g. The payment made by an insurer due to a claim filed by an insured or a third party . An automobile liability in surance company may increase the premium or refuse to renew the policy for reason s th at are not listed above but which are lawful and not unfairly di scrim inatory . ce vh7 V, V) Cr N 0 LLl 6 C') r- '° V) C') Cl ;.; 15'"" §~ z- G'u :.= c..> o..c: Q.,V, I"" ~ ;2 0 0 ~ >-::2 ..:i 0 0... "' ;;;;) 0 >- 0 I"" ::c: u ~ ~ i;aJ r:r, -..i: i;aJ ..:i 0... 6030GF BUSINESS NAMED INSURED Thi s end orse ment is a part of the policy. Because of the type of named insm-ed shown on the Declarations Page of this policy and the changes made below, all 1-efe1-ences to resident rela- tives and non-owned cars in the policy are deleted. Exce pt for the changes this endorsement make s, a ll othe r provi sions of th e policy rem a in th e same and ap pl y to this endorsement. 1. DEFINITIONS You or Your is changed to rea d : You or four means the named insured or named in sureds shown on th e Decla- rat ions Page. 2. LIABILITY COVERAGE a. Additional Definition Insured is changed to read : Insured means : l . you for: a . the ownersh ip , maintenan ce , or use of: (l) yow· car; (2) a newly acquired car; o r (3) a trailer; and b. the maintenance or use of a temporary substitute car; 2. any p erson fo r hi s or her use of: a . your car ; b . a newly acquired car; c. a temporary substitute car; or d . a trailer w hil e attached to a ca r described in a., b., or c . above . Such vehicl e must be used w ith your permi ss ion , ex pre ss or impli ed , and within the scope of that permission ; and Pagel of3 3. any other person or organization vica riou sly li a ble for the use of a vehicle by an insured as defined in 1. or 2. a bove , but onl y fo r such vicarious liability. Thi s provi sion applies only if the ve- hicle is : a. neither owned by , nor hired by, that other person or or- ganization ; and b. neither ava il able fo r, nor bei ng use d for , carrying persons fo r a charge. Insured do es not include th e U nited States of America or any of its agencies. b. Exclusions ( 1) Ex clusion 5. is changed to read : FOR BODILY IN J UR Y TO THAT INSURED'S FELLOW EMPLOYEE WHILE THE FELLOW EMPLOYEE IS IN THE COURSE AND SCOPE OF HIS OR HER EMPLOY- MENT; (2) Exclu s ion 7. is changed to read: WHILE MAINTAINING OR USING A VEHICLE IN CONNECTION WITH THAT INSURED 'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CAR BUSI- NESS. This exclusion do es not a pply lo: a. you ; or 6030GF ©, Copyright , Stat e Farm Mutual Automobile Insurance Comp any, 20 15 1B rfa1 i600-£0ZO n-s-1s b. any of your age nts , em - ployees, or bu siness part- ners while maintaining or usin g your car , a n ewly acquired car , a temporary substitute car , or a trailer owned by you ; (3) The fo ll owi ng exclusion is added: THERE IS NO COVERAGE FOR AN INSURED FOR DAMAGES RESULTING FROM: 1. THE HANDLING OF PROPERTY BEFORE IT IS MOVED FROM THE PLACE WHERE IT lS ACCEPTED BY THE IN - SURED FOR MOVE- MENT INTO OR ONTO A VEHICLE FOR WHICH THE INSURED IS PRO- VIDED LIABILITY COV- rm.AGE BY Tl-LIS POLICY; 2 . THE HANDLING OF PROPERTY AFTER IT IS MOVED FROM THE VEHICLE DESCRIBED IN 1. ABOVE TO THE PL'\CE WHERE IT IS FI- NALLY DELIVERED BY THE INSURED;OR 3. THE MOVEMENT OF PROPERTY BY MEANS OF A MECHANICAL DEVICE, OTI-TER TITAN A HAND TRUCK, THAT IS NOT ATTACHED TO THE VEHICLE DE - SCRIBED IN 1. ABOVE . 3 . MEDICAL PAYMENTS COVERAGE a. Additional Definitions Insured is changed to read : Insured mean s any person ·while occupying: l . your car; 2 . a newly acquired car; 3 . a temporary substitute ca r; or 4 . a trailer whil e attached to a car described in 1., 2., or 3. above. Such ve hic le mu st be use d within the sco pe of your consent. b. Exclusions (1) Excl usion 1. is deleted . (2) Exclu sion 4. is cha nged to read: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A VEHICLE WHILE ITIS: a. MADE AVAILABLE ; OR b. BEING USED TO CARRY PERSON S FOR A CHARGE; (3) Exclus ion 5 . is changed to read: WHILE MAINTAINING OR USING A VEHICLE IN CONNECTION WITH THAT I NSURED 'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CA R BUSI- NESS . Thi s exc lus ion doe s not app ly to any ofyour: a. agent s; b. emplo yees ; or c . business partn ers w hil e maintaining or using your car , a n ewly acquired ca r , a Page 2 of3 6030GF ©, Copyright, State Fa nn Mutu al Automobil e In surance Compa ny, 2015 ci w C/) .,., 0 N 0 w 6 r') r- '° .,., M 0 ;_: ., .D E :, :z >-. -~ 0 0... ~ w g 0 0 cc >-u ::s 0 ~ i:i:: ;;> 0 >- 0 ~ ::c: u ~ ~ w CF! ~ w ..J ~ temporary sub stitute car , or a traile r owned by you ; (4) Exclusions 7 . and 9. are deleted . 4. UNINSURED MOTOR VElllCLE COV- ERAGE a. Additional Definitions Insured is changed to read: insured means: 1. any person w hil e occupying: a . your car; b. a n ew ly acquired car; or c. a temporary substitute car. S uch veh ic le must be used w ithin the scope of your co n- sent. S uch person occupying a public or livery conveyance is not an insured; an d 2. you or any person entitled to re- cover compensatory damages as a result of bodily injury to an insured defined in item 1. above. b. Exclusions Exclu sion 2. is d e leted. 5. PHYSICAL DAMAGE COVERAGES Additional Definitions a. Covered Vehicle is changed to read : Covered li!hicle means: I. your car; 2. a newly acquired ca r; 3 . a temporary substitute car, and 4 . a camper that is designed to be mounted on a pickup truck and is shown on th e Declarations Page; including its parts and its equip- ment that are common to the use of the vehicle as a vehicle . Howeve r, parts and equipment of campers must be securely fixed as a perma- nent part of the eamper. b . In s ured is changed to read: Insured means you . Page 3 of3 ©, Copyright, State Fa rm M utu al Automobil e Insurance Company, 2015 6030GF 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING T hi s endorsement is a part of the po li cy. Except fo r the cha nges this endorsement makes , ull other provisions of the po li cy remain the sa me and app ly to this endorsement. 1. LIABILITY COVERAGE 2. MEDICAL PAYMENTS COVERAGE a. Exclus ions a. Exclusions Exclusion 15. is replaced by the fo ll owing: THERE IS NO COVERAGE FOR AN INSURED FOR THE OWN- ERSHIP, MAINTENANCE, OR USE OF YOURCARORANEWLY ACQUIRED CAR WHILE USED IN PERSONAL VEH ICLE SHARING. T hi s exclu sion does not apply to you and resident rela- tives when, and only if, th e full amount of all available limits of a ll other li a bility bonds, policies, and se lf -in sura nce pl ans that app ly have been used up by payment of judg- ments OT sett lements, OT have been offered in w ri ting. b . If Other Liability Covemge Applies The first paragraph of item 2. is changed to read: The Liabil ity Coverage provided by this policy app li es as primary cov- erage for the ownersh ip , mainte- nance, or use of your car or a trailer attached to it , except w hile vour car OT a trailer attac hed to it is ·used in personal vehicle sharing . The L iabil ity Coverage provid ed by this p olicy a pplies as excess cover- age fo r the ownership , mainte· nance, or use of yo ur car or a trailer attached to it while your ca r or a trailer attached to it is u sed in personal vehicle slrnring. (l) Exclus ion 3 . is replaced by the fo l- lowin g: THF.RE TS NO COVERAGE FOR AN INSURED WHO TS OCCUPYING A VFHlCT .E WHILE IT IS RENTED OR LEASED TO OTHERS BY AN INSURED. This exclu sion does not app ly to you and resi- dent relatives w hi le occupying your car or a newly acquired car w hil e u se d in personal vehicle sharing when, and on ly if, th e full amount of all avai la- ble limits of al l other sour ces of medical pa yments coverage or similar veh ic le in surance that apply have been paid. (2) Exclusion 15. is replaced by the fo ll owing: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPI'ING YOUR C4R OR A NEWL Y ACOUIRED CAR WHILE USED -IN PERSON- A L V.t.:H JCL E SHAJUNG T hi s exclusion does not apply to you and resident relati ves w hen , a nd on ly if, th e full amount of all ava il ab le lim its of all other sources of med ical paymen ts eoverage or similar vehicle insurance that apply have been paid . 6126MD Page I of3 ©, Copyright, State Farm Mutual Automobile Insurance Company, 201 3 M ~ ~ .., ~ 0 C/) V) 0 N 0 u.) 0 M r- '-0 V) M 0 _gN §ti ZN So; :.: Cl.) 0..C: P-,C,:, f--< [-l :2 0 0 CQ >-u ::3 0 Q., IX ::i 0 >- 0 f--< :t: u ~ ~ [-l rJ) -< [-l ..J Q., b . If Othe1· Medical Payments Coverage or Similar Vehicle Insurance Applies The first paragraph of item 3. is changed to read: The Medical Payments Coverage provided hy this policy applies as primary coverage for an insured who sustains bodily injury while occupying your car or a trailer attached to it , except while your car or a trailer attached to it is used in personal vehicle sharing. The Medical Payment~ Coverage provided by this policy applies as excess coverage for you and resident rela- tives who sustain bodily injury while occupying your car or a trailer attached to it while your car or a trailer attached to it is u se d in personal vehicle sharing. 3. UNINSURED MOTOR VEHICLE COVERAGE a. Exclusions Exclusion 6. is replaced by the following: THERE IS NO COVERAGE FOR AN INSUR.ED WHO IS OCCU- PYING YOUR CAR OR A NEW- LY ACQUIRED CAR WHILE USED IN PERSONAL VEHICLE SHAJUNG. This exclusion does not apply to you and resident rela- tives when, and only if, the full amount of all available limits of all other sources of uninsured motor vehicle coverage that apply have been paid. b. If Other Uninsured Motor Vehicle Coverage Applies The first paragraph of item 2. is changed to read : The Uninsured Motor Vehicle Cov- erage provided by this policy ap- plies as primary coverage for an insured who sustains bodily injury while occupying your car , except while your car is used in personal vehicle sharing. The Uninsured Motor Vehicle Coverage provided by this policy applies as excess coverage for you and resident rela- tives who sustain bodily injury while occupying your car while your car is used in personal vehi- cle sharing. 4. PHYSICAL DAMAGE COVERAGES a. Exclusions (I) Exclusion 2 . is replaced by the fol- lowing: THERE IS NO COVERAGE FOR ANY COVER.ED VEHI- CLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN INSUR.ED . This exclusion does not apply to your car or a newly acquired car while used in personal vehicle sharing when, and only if, the full amount of all available limits of all other sources of physical damage coverage or similar coverage that apply have been paid. (2) Exclusion 20. is replaced by the following: THERE JS NO COVERAGE FOR YOUR CAR OR A NEW- LY ACQUIRED CAR WHILE USED IN PERSONAL VEHI- CLE SHARING. This exclu- sion does not apply when , and only if, the full amount of all available limits of all other so urces of physical damage Page 2 of3 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 6126MD E1 ~ Z600-EOEO n-e-1s coverage or si mil ar coverage that a pply have been paid. b. If Othe1· Physical Damage Coverage or Similar Covernge Applies The first paragraph of item 3 . is changed to read: The physical damage coverages provided by this policy apply as prim a ry coverage for a loss to your rnr , except while your rnr is used in personal vehicle sharing. T he physical damage coverages provid- ed by thi s policy apply as excess coverage for a loss to your car while it is used in personal vehicle sharing. Page 3 of3 ©, Copyright, State Farm Mutual Automobile In surance Company, 2013 6126MD 0 w C/J V) 0 c-s 0 Ll.l 0 M r-- '° V) M 0 ~ ..D E ::, z -~ 0 ""' f-- "" .J ~ 0 0 ~ >-u J C> i:.. cz ;:) 0 >- C> f-• :r. u ~ f-• < w (/'J < w ..:i Q,, 6289DW SINGLE LIMIT LIABILITY COVERAGE Thi s endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. LIABILITY COVERAGE 4. This Liability Coverage limit is the The Limits provision is replaced by the follow- mg : Limit 1. The Liability Coverage limit is shown on the Decl aration s Page under "Liabil- ity Coverage -Limit -Each Accident". 2 . The limit shown is the most we will pay for all dama ges resulting from any one acc ident. 3. This Liability Coverage limit shall be reduced by payments for bodily injury damages made to or for the insured un- der the Uninsured Motor Vehicle Cov- erage of this policy. Page 1 of I most we will pay regardless of the number of: a. insureds ; b. claims made ; c. vehic les in sured ; or d. vehicles involved in the accident. 5. If the insured must provide the limits required by a motor vehicle compulsory insurance, financial responsibility, mo- tor carrier or similar law, then the limit provided by this policy will be applied Regardless of such requirements, we will not pay more than the limit sho wn on the Declarations Page . 6289DW ©, Copyright , State Fann Mutual Automobile In su rance Company , 2011