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18-098 Done Right, Inc., Dry Rot Repair at Creekside Building
FIRST AMENDMENT TO AGREEMENT 2018-556 BETWEEN THE CITY OF CUPERTINO AND DONE RIGHT INC. FOR ROOF REPLACEMENT AT c;}r;,fw iJ CREEKSIDE PARK BUILDING I. '7~ ~»-(- This Fi rsy Amendment to Agreement 2018-™ between the City of Cupertino and Done Right Inc., for reference dated 9/27/2018, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Done Right Inc, a Corporation, etc ("Consultant") whose address is 1129 Longfellow Ave ., Campbell, CA 95008, and is made with reference to the following: RECITALS: A. On 4/18/2018, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for the dry rot repair at Creekside Building. The agreement will expire on 10/,2018. pl( B. On 9/3/2018, City and Consultant agreed to the First Amendment for repairing additional dry rot beyond the base scope of services . C. The Agreement and the First Amendments are collectively referred to as the "Agreement" unless otherwise indicated. D . City and Consultant desire to modify the Agreement on the terms and conditions set forth herein . NOW, THEREFORE, it is mutuall y agreed by and between and undersigned parties as follows: 1. TERM Paragraph 3 of the Agreement is modified to read as follows: This Contract begins on the Effective Date and ends on October 19, 2018. 2. COMPENSATION Paragraph 6 of the Agreement is modified to read as follows : City will pay Contractor for satisfactory performance of the Work an amount that will be based on actual costs but that will be capped so as not to exceed $~ 'f 5''-{, 0-50 ~ o-o 3. 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. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. RECOn.u>LW,,.. PROVAL By - Title dtpt,14'1.1/t City Clerk { 0 ·( (o · l6 EXPENDITURE DISTRIBUTION Amendment #1: 44 ,050.00 Total: CUSTOMER ADDRESS C it y of C upertino I 0555 Ma ry A ve nu e C up ertino Ca 950 14 C reekside CONTACT N AM E WORK PHONE# DESCR IPT ION Additiona l dry rot not in c lu ded in o ri g imtl co n tract. Roof s hee ting and above oth er bea m. 12 ho ur s X $17 5. Sa les Tax L ie. #774962 B-1 C-39 C-43 Propo sal e~p i re s in 30 cla ys from elate above. Thank rn u. PROPOSAL,· !, 1 DAT E NO . 8/3 1/20 18 7447 JOB LOCATION HOME PHONE# CELL PHONE# TOT A L 2, I 00.00 0.00 TOTAL $2,100.00 PROPOSAL DATE 8/31/2018 CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupe1tino Ca 95014 CONTACT NAME WORK PHONE# DESCRIPTION Creekside Park: Start date 8/31/18 finish date 9/7 /18 Beam replacement and dry rot . ( 1) 24 foot glue lam needs to be changed due to Dry rot. ( 1) 12 foot glue lam needs to be changed due to Dry rot. There are small areas of dry rot adjacent to beams. JOB LOCATION HOME PHONE# CELL PHONE# The new glue lam is bigger than existing by 1/2 inch we will router down a 1/4 inch on each side to fit into existing framing brackets. Labor and Material$24,000 Sales Tax Lie. #774962 B-1 C-39 C-43 Proposal expiJes in 30 days from date above. Thank yo u . TOTAL TOTAL NO. 7446 24,000.00 0.00 $24,000 .00 PROPOSAL DATE 8/31/2018 CUSTOMER ADDRESS City of Cupertino ]0555 Mary Avenue Cupertino Ca 95014 Creekside Park: Beam replacement CONTACT NAME WORK PHONE# DESCRIPTION (1) 20 foot glue lam needs to be changed due to Dry rot. JOB LOCATION 10455 Miller HOME PHONE# CELL PHONE# The new glue lam is bigger than existing by 1/2 inch we will router down a 1/4 inch on each side to fit into existing framing brackets. Labor and Material$9,000. Sales Tax Lie . #774962 B-1 C-39 C-43 Proposal expires in 30 days from date above. Thank you. TOTAL TOTAL NO. 7448 9 ,000 .00 0.00 $9,000.00 PROPOSAL CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 DATE 9/4/2018 JOB LOCATION . I 0455 Miller CONTACT NAME WORK PHONE# HOME PHONE# CELL PHONE# DESCRIPTION Creekside Park: Beam replacement (I) 20 foot glue lam needs to be changed due to Dry rot. The new glue lam is bigger than existing by 1/2 inch we will router down a 1/4 inch on each side to fit into existing framing brackets . Labor and Material$8950. Sales Tax Lie . #774962 B-1 C-39 C-43 Proposal expires in 30 days from date above . Thank yo u. TOTAL NO . 7449 TOTAL 8,950 .00 0.00 $8 ,950 .00 CIT Y O F m PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on April 18, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Done Right Inc. , a Corporation ("Contractor") for the dry rot repair at Creekside Building 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 . Thi s Contract begin s on the E ffe cti ve Date and e nds on O c tob er 1, 2 018 ("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 mu st be fully completed within the Contract Time or on the date specifically provided in th e 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 $10,000 .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 Creekside Building Dry Rot Repair Public Works Contract $45,000/Rev. Nov 3, 2017 Page 1 o f 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): B , 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 supp ly 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 Creekside Building Orv Rot Repair 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 25 % 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; HY AC 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 Creekside Building Dry Rot Repair 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 liability, damages, claims, stop notices, actions , causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or 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 lndemnitee. 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 Creekside Building Dry Rot Repair Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 4 o f 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 e lectronicall y s ubmit th em to th e Labor Commi s sion er as required by the regulations of California, Department of Industrial Relation s ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid le ss 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 Creekside Building Ory Rot Repair Pub lic 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 I 090 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 "fi nancial 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 11, 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 Creekside Building Dry Rot Repair 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 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities . Shovel or vacuum saw-cut 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 offsite 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 , lo cal 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 Creekside Building Dry Rot Repair Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 7 of I I 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 Creekside Building Dry Rot Repair Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 8 of 11 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 Creekside Building Dry Rot Repair 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 subm ission: To City of Cupertino: 10300 Torre A venue, 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 a i I: 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 Creekside Building Dry Rot Repair 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 Co~o= BY,·----------- Lu,/;v /_w~ Title : Project Manager Signature Date: _S~~~( l,_,_/~t,~----- ATTEST: CITY OF CUPERTINO, a Municipal Corporation ~ ~ By: <P- Title: Director of Public Works Signature Date: ~/7..1 ht -=-----,-+-, _,__ ______ _ By: ~Ad± s-. l_'j.(f GRACE SCHMIDT, City Clerk Public Works Project Creekside Building Dry Rot Repair Public Works Contract $45,000/Rev. Nov 3, 2017 Page 11 of 11 EXH I BIT 11 A11 PROPOSAL DATE 2/22/2018 CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 CONTACT NAME WORK PHONE# Ken Tanase DESCRIPTION Creekside Park : Start date 8/20/18 Beam replacement and dry rot. (l) 20 foot glue lam needs to be changed due to Dry rot. HOME PHONE# There are small areas of dry rot on beams next to it we will cut out and install new wood as needed . There is some dry rot along the downward bottom section of roof beams, replace wood as needed. JOB LOCATION 10455 Miller Avenue CELL PHONE# The new glue lam is bigger than existing by 1/2 inch we will router down a 1/4 inch on each side to fit into existing framing brackets. Labor and Material$ I 0 ,000 . Sales Tax Li e. #774962 B-1 C-39 C-43 Propos al ex pires in 30 days from date abov e. Thank you . TOTAL TOTAL NO . 7388 10,000 .00 0 .00 $10 ,000.00 PUBLIC WORKS CONSTRUCTION CONTRACTS Small 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 w ith the performance of the work hereunder by Contractor, its agents, representatives, emp loyees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage s ha ll 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, 0 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 sha ll a lso 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 . / hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodi ly V inj ury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and /Employer's Liabi lity Insurance of no Jess than $1,000,000 per accident for bodi ly 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 Jess than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. g 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 2017 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. J8I' NI A 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: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations , claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: 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 wit h respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in 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 all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not 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 equipment damaged, impaired, broken, or destroyed during the performance of the Work, includin g during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts -$45,000 Version: Nov 2017 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"VII" 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/or Construction Contracts -$45,000 Version : Nov 201 7 3 ~· ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/OD/YYYY) L _.,/ 05/11/18 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 policy(ies) must have ADDITIONAL INSUR ED 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 ~lwE'"'' FRANK VITALE INSURANCE AGENCY rt:8i~ Ext\ (831) 462-9222 1 002 .Nol :(831)462-9299 4067 Cory St Ao'oRESS Fvi tale99@gmail~ com Soquel, CA 95073 . INS URER(S) 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 INSURER 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS. INSR TYPE OF INSURANCE i HUUL ~UaK ;'UL:g~ i (MM/DD~) LIMITS LTR INSO WVD POLICY NUMBER (MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 V ~ D CLAIMS-MADE [!] OCCUR U1'1Vl>o\l>C I U "~''° CU l y PREMISES /Ea occurrencel $ 50,000 PC266624 4/15/2018 4/15/2019 MED EXP (Any one person) $ 5,000 -1,000,000 A y PERSONAL & ADV INJURY $ -GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 4,000,000 J / ~ D PRO-O we PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY I (E~,,~~klce~llNuLt LIMI I $ -I ANYAUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED I AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -HIRED -NON-OWNED rp~~~&,~J.ir,.PAMAGE AUTOS ONLY AUTOS ONLY $ -- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENT ION $ $ WORKERS COMPENSATION X I STATUTE I I ERM -AND EMPLOYER S' LIABILITY YIN 3002353-18 1/1/2018 1/1/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A (M~nd~tory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes , describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Add itional Remarks Schedu le , may be atta ch ed if more space is required) PER CO "A" ADDITIONAL INSURED ENDORSEMENTS: PCIC24 1007, PRIMARY AND NON-CONTRIBUTORY FORM: PCIC 2479 1007, WAIVER OF SUBROGATION FORM: PCIC 249671 1007 ATTACHED & PER CO "B" WAIVER OF SUBROGATION WILL FOLLOW. THE CERTIFICATE HOLDER, THE CITY OF CUPERTINO, ITS CITY COUNCIL, BOARDS & COMMISSIONS, OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH RESPECT TO THE INSUREDS JOB OPERATIONS: BEAM REPLACEMENT & DRY ROT. CERTIFICATE HOLDER CITY OF CUPERTINO ATTN: CITY MANAGER 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 START DATE: 08/20/2018. EST. COST: $10,000. • 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. AUTHORIZED REPRESENTATIVE © 1988-2015ACORD CORPORATION . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD V THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNITED SPECIAL TY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (fO,RM 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. ~~ United Specialty Insurance Company ~ 3250 Grey Hawk Ct, Ste. Z Date _, 05/10/2018 Carlsbad, CA 9201 O By : Time: 12:01 a.m. -p~~ Authorizecf \;presentative END SIi 24 10 07 ENDORSEMENT TO POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE MEAD 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 lo 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 to these additional insureds, the following exclusions apply: This insurance does not apply to '"bodily injury" or .. properly damage" occurring after: (I) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) Lo be performed by or on behalf of the additional insured(s) al 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 Insurcd(s) is excess of this in surance and shall not contribute to il. Except as set forth above, all of the terms , conditions and exclusions of this policy apply and remain in effect. Policy~ Preferred Contractors In :urance Company ~ Risk Retention Group, LLC Date: 04/15/2018 Time: 12:01 a.m. V 0912 27 North 27th Street, Suite 1900 Billings, Montana 59 IO I By: 12.J,AL~~ Auth01izci\:pmentative 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 SUB~OGATION 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 05/10/201 8 Time: 12:01 a.m. United Specialty Insurance Company 3250 Grey Hawk Ct, Ste. Z Carlsbad, CA 9201 O By: 1li,i1Li~ Authorized ~presentative END SIi 24 9671 10 07 STATE COMPENSATI O N INSURANCE FUND ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BROKER COPY ~353-1~ ~AL ~___) NA HOME OFF ICE SAN FRANC ISCO 1-56-63-03 PAGE 1 OF 1 ALL EFFECTI VE DATES ARE AT 12:01 AM PAC IFIC 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 IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 037.. • NOTH ING 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_. .41~~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2570 OLD DP 217 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYYJ ~ 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 INSURANC E DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 ri11hts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT RICHARD ALESCH NAME : State Farm RICHARD ALESCH ~A~~NJ_ c.u. 408-918-0877 I rt~ Nol : 408-918-0879 A ~ 164 N. BASCOM AVE STE A ~t1D'll~ss : ELENA.LAMP.QH54@ST ATEFARM .COM SAN JOSE, CA 95128 INSURER(SI AFFORDING COVERAGE NAIC# INSURER A : State Farm Mutua l Automobile In surance Company 25178 INSURED INSURER B : DONE RIGHT INC INSURER C: 1129 LONGFELLOW AVE INSURER D: CAMPBELL , CA 95008 IN SURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER: TH IS IS TO CERTIFY THAT THE POLICIES OF IN SURANCE LISTED BE LOW HAVE BEEN ISSUED TO THE INSURE D NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTVI/ITHSTAND IN G ANY REQUIREMENT . TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT IFI CATE MAY BE ISSUED OR MAY PERTA IN , THE INSURANCE AFFORDED BY THE POLICIES DESC RIBED HEREIN IS SUBJECT TO ALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADD L SUBR POLIC Y EFF POLICY EXP LTR TYPE OF INSURANCE IN~n ''""n POLICY NUMBER IMMIDD/YYYYI IMMIDD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s -~ CLA IMS-MADE D OCCUR uAMAG E TO RENTED PREMISES /Ea occurrence\ s -MEO EXP (Any one person) s PERSON AL & ADV INJURY >--s GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREG ATE $ =1 D PRO· Owe PRODUCTS • COMP/OP AGG POLICY JE C T s OTHER: s AUTOMOBILE LIABILITY y 035 6730-E02-05S 05/02/2018 11/02/2018 ~~~~b~~~1f1NGLE LIMIT s 1,000,000 - ANY AUTO BOOIL Y INJURY (Per person) s ~ O\NN EO -SC HEDULED A AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED z NON-0\NNEO ;p~~~~c~d:~l?AMAG E s AUTOS ONLY AUTOS ONLY s UMBRELLA LIAS H OCCUR EACH OCCURRENCE s - EXCESS LIAS CLAIM S-MADE AGGREGATE s OED I I RETENT ION s s WORKERS COMPENSATION I ~ffTuTE I I OTH· ER AND EMPLOYERS ' LIABILITY YIN ANY PROPRIETOR /PA RTNER /EXECU TIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISE ASE · EA EMPLOYEE S im~ftif3~ o'WgPERATI ONS be low E.L. DISE ASE· POLICY LI MIT s DESCRIPTION OF OP ERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more spa ce Is required) ADD ITI ONAL INS UR ED: CITY OF CUPERTINO INCLUDING ITS CITY COUNC IL , BOARDS AND COMMISSIONS , OFFICERS , OFFIC IAL S, AGENTS , EMPLOYEES , CONSUL TANT$ AND VOLUNTEERS TH IS INSURANC E IS PRIMARY AND NON CONTRIB UTORY WITH RESPECTS TO CLAIMS ARISING O UT OF THE OPERATION OF THE DESCRIBED VEHICLES. CERTIFICATE HOLDER C ITY OF CUPERTINO 10555 MARY AVE CU PERTINO , CA 95014 ATTN: KENT@CUPERTINO .ORG ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLIC IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANC WITH THE POLICY OVISIONS . 1001486 132849.12 03-10-2016 V ~.~~ ~ State Farm Mutual Automobile Insurance Company PO Box 8539 22 Rich ardson , TX 75085-3922 NAMED INSURED 00134 000134 0058 DONE RIGHT INC 1129 LONGFELLOW AVE CAMPBELL CA 95008-7112 05 -21 27-3 B l•11l'1lll111'11l'l'•1'•1 11l1l•l•ll1lll11•1l•1111111'l1°11111•l•I A DO NOT PAY PREMIUMS SHOWN ON THIS PAGE . 08 964 -3-8 MATCH 00 134 MUTL VOL DECLARATIONS PAGE POLICY NUMBER D35 6730-E02-05S POLICY PERIOD DEC 06 2017 to MAY 02 2018 12:01 A .M. Standard nme STATE FARM PAYMENT PLAN NUMBER 03562 23702 AGENT DICKALESCH 164 N BASCOM AVE STE A SAN JOSE , CA95128-1867 PHONE : (408)918-087 7 IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSE D. YEAR - 2008 C G u U1 MAKE MODEL CHEVROLET C1500 Limit-Each Accident l.(l.Q., . Medical Pa ments Coverage mi~cti'.e.ec.s_o $25 ,000 YOUR CAR BODYSTYLE PICKUP , prebens.llte.G tll'. . ge S'2.0:0 9e.ilucti.6l Collision Coverage -$1 ,000 Deductible ency o_ Uninsured Motor Vehicle Covera e oi:liJ~ajury: Lrniits Each Person , Each Accident -,.lO' __ ,_o Uninsured Motor Vehicle Property Damage Coverage Total premium for·DEC 06 2017 to MAY 02 2018. Replaced policy number D356730-05R. Your total renewal premium for NOV 02 2017 to MAY 02 2018 is $630.68. 04 312 /02203 See Reverse Side 155-3866 CA .2 05-2002 (o1a025fc) 14SXON (o1a025te) (o1a0254c) VEHICLE ID. NUMBER 1GCEC19X08Z183152 -CLASS 603HCV10 $21.69 2.9 $109 .27 ~ $14 .18 $3.54 $511.49 This is not a bill . Agent: DICK ALESCH Telephon e: (408)918-0877 Prepared DEC 20 20 17 2127-BO C 810 This policy is issued by State Farm Mutual Automobile Insurance Company. 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 discretion may declare in accordance with reasonable 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 disclosed in this policy at least 10 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 Preside nt 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 Box2320 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 are required to furnish you with the following infonnation : 1. An automobile liability insurance company may cancel a policy before the end of the current 11olicy pe riod 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 liability insurance company may increase the premium or refuse to renew the policy for any of the follow ing 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 veh icle. 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 vehicle . 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 insurance company may increase the premium or refuse to renew the policy for reasons that are not listed above but which are lawful and not unfairly discrimina tory. ca'olti2 C/) .,., 0 N 0 µ.,l 0 M r- "' .,., M Cl ..; J:lN §'o ;z:- ~ :.:::v o..c:: i:i..C/) E-- i:..i S2 0 0 = > u -"'" 0 Q.. a: ;;) 0 > 0 E-- ::c: u ~ ~ i:..i [J) -( w "'" Q.. 6030GF BUSINESS NAMED INS URED This endorsement is a part of the policy. Because of the type of named insured shown on the Declarations Page of this policy and the changes made below, all references to resident rela- tives and non-owned cars in the policy are deleted. Except for the changes this endorsement makes , all other provisions of the policy remain the same and apply to this endorsement. I. DEFINITIONS You or Your is changed to read: You or Your means the named insured or named insureds shown on the Decla- rations Page . 2 . LIABILITY COVERAGE a. Additional Definition Insured is changed to read: Insured means: 1. you for: a. the ownership, maintenance, or use of: (1) your car; (2) a newly acquired car; or (3) a trailer; and b. the maintenance or use of a temporary substitute car; 2 . any person for his or her use of: a . yourcar; b. a newly acquired car; c. a temporary substitute car, or d. a trailer while attached to a car descr ibed in a., b., or c. above . Such vehicle must be used with your permission, express or implied, and within the scope of that permission; and Page 1 of3 3. any other person or organization vicariously liable for the use of a vehicle by an insured as defined in 1. or 2. above, but only for such vicarious liability. This provision applies only if the ve- hicle is: a . neither owned by , nor hired by, that other person or or- ganization; and b. neither available for, nor being used for , carrying persons for a charge. Insured does not include the United States of America or any of its agencies. b . Exclusions (1) E xclusion 5. is changed to read: FOR BODILY INJURY TO THAT INSURED'S FELLOW EMPLOYEE WHILE THE FELLOW EMPLOYEE IS IN THE COURSE AND SCOPE OF ms OR HER EMPLOY- MENT; (2) Exclusion 7. is changed to read: WIBLE 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 does not apply to: a. you; or 6030GF ©, Copyright , State Farm Mutual Automobile Insurance Company, 2015 1M ~ Z60D-t0l0 n-e-1s b. any of your agents, em- ployees, or business part- ners while maintaining or using your car, a newly acquired car , a temporary substitute car , or a trailer owned by you; (3) The following 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 IS ACCEPTED BY THE IN- SURED FOR MOVE- MENT INTO OR ONTO A VEIDCLE FOR WHICH THE INSURED IS PRO- VIDED LIABILITY COV- E RAGE BY THlS POLICY; 2 . THE HANDLING OF PROPERTY AFTER IT IS MOVED FROM THE VEIDCLE DESCRIBED IN 1. ABOVE TO THE PLACE WHERE IT IS FI- NALLY DELIVERED BY THE INSURED; OR 3 . THE MOVEMENT OF PROPERTY BY MEANS OF A MECHANICAL DEVICE, OTHER THAN A HAND TRUCK, THAT IS NOT ATTACHED TO THE VEIDCLE DE- SCRIBED IN 1. ABOVE . 3 . MEDICAL PAYMENTS COVERAGE a. Additional Definitions Insured is changed to read: Insured means any person while occupying: l . your car; 2. a newly acquired car ; 3. a temporary substitute car; or 4. a trailer while attached to a car described in 1., 2., or 3. above. Such vehicle must be use d within the scope of your consent. b. Exclusions (1) Exclusion 1. is deleted. (2) Exclusion 4. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A VEIDCLE WHILEITIS: a. MADE AVAILABLE ; OR b . BEING USED TO CARRY PERSONS FOR A CHARGE; (3) Exclusion 5. is changed to read: WHILE MAINTAINING OR USING A VEIDCLE IN CONNECTION WITH THAT INSURED 'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CAR BUSI- NESS. This exclusion does not apply to any of your: a. agents; b. employees; or c . business partners while maintaining or using your car, a newly acquired car , a Page 2 of3 6030GF ©, Copyright, State Fann Mutual Automobil e In surance Company, 2015 0 UJ VJ .,.., 0 N 0 u.i 0 M t-- 'D .,.., M Cl L; Q) ..0 § z -~ 0 P.. E- ia;l S2 0 0 CQ ;;,. S:: ..:l 2 ~ ::;i 0 ;;,. 0 E- :c: u ~ ~ ia;l r,J ~ ia;l ..:l c.. temporary substitute car , or a trailer owned by you ; (4) Exclu sions 7. an d 9 . are deleted. 4 . UNINSURED MOTOR VEHICLE COV- ERAGE a . Additional Definitions Insured is ch anged to read: Insured means: 1. any person wh il e occupying: a. yourcar; b. a newly acquired car; or c . a temporary substitute car. Such veh icle must be used within the scope of your con- sent. Such person occupying a public or livery conveyance is notaninsured;and 2. you or any person entitled to re - cover compensatory damages as a re sult of bodily injury to an insured defined in item 1. above . b. Exclusions E xclusion 2. is deleted. 5. PHYSICAL DAMAGE COVERAGES Additional Definitions a. Covered Vehicle is changed to read: Covered Vehicle means: 1. your car; 2 . a newly acquired car; 3. a temporary substitute car, and 4 . a camper that is designed to be mounted on a pickup truck and is shown on the Declarations Page; including its parts and its equip- ment that are common to the use of the vehicle as a vehicle. However, parts and equipment of campers must be secure ly fixed as a perma- nent part of the camper. b. Insured is changed to read: Insured means you. Page 3 of3 6030GF ©, Co pyright, State Farm Mutual Automobile Insurance Company, 2015 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and app ly to this endorsement. 1. LIABILITY COVERAGE 2. MEDICAL PAYMENTS COVERAGE a. Exclusions Exclusion 15 . is replaced by the following: THERE IS NO COVERAGE FOR AN INSURED FOR THE OWN- ERSHIP, MAINTENANCE, OR USEOF YOURCARORANEWLY ACQUIRED CAR WIBLE USED IN PERSONAL VEHICLE SHARING. This exclusion does not apply to you and resident rela- tives when, and only if, the full amount of a ll available limits of all other liability bonds , policies , and self-insurance plans that apply have been used up by payment of judg- ments or settlements , or have been offered in writing . b. If Other Liability Coverage Applies The first paragraph of item 2 . is changed to read : The Liability Coverage provided by this policy app li es as primary cov- erage for the ownership , mainte- nance , or use of 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 Liability Coverage provided by this policy applies as excess cover- age for the ownership , mainte- nance, or use of your car or a trailer attached to it while your car or a trailer attached to it is used in personal vehicle sharing. Page 1 of 3 a. Exclusions (1) Exclusion 3 . is replaced by the fol- lowing : THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A VEHICLE WIBLE IT IS RENTED OR LEASED TO OTHERS BY AN INSURED . Th is exclusion does not apply to you and resi- dent relatives while occupying your car or a newly acquired car while used in personal vehicle sharing when , and only if, the full amount of all availa- ble limi ts of al I other sources of medical payments coverage or similar vehicle in surance that apply have been paid. (2) Exclusion 15. is replaced by the following : THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING YOUR CAR OR A NEWLY ACQUIRED CAR WIBLE USED IN PERSON- AL VEHICLE SHARING This exclusion does not app ly to you and resident relatives when , and only if, the full amount of all a vailable limits of all other source s of medical payments coverage or similar vehicle insurance that apply have been paid . 6126MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 VJ "' '9 8 t.';l 0 M r-- '° "' M 0 ..; 2N E:«-:, 0 ZN Ct, == (1.) 0..C: i:,...v, E- s,;l ~ 0 0 Q:l .... u ::5 0 Q., ~ ;;;i 0 .... 0 E- ::i:: u ~ ~ s,;l IJ] < s,;l ..J Q., b. If Other Medical Payments Coverage or Similar Vehicle Insurance Applies The first paragraph of item 3. is changed to read: The Medical Payments Coverage provided by 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 Payments 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 used in personal vehicle sharing. 3 . UNINSURED MOTOR VEHICLE COVERAGE a. Exclusions Exclusion 6 . is replaced by the following: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCU- PYING YOUR CAR OR A NEW- LY ACQUIRED CAR WT-ffi.,E USED IN PERSONAL VEHICLE SHARING. 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 (l) Exclusion 2. is replaced by the fol- lowing: THERE IS NO COVERAGE FOR ANY COVERED VEHI- CLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN INSURED . 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 IS 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 sources of physical damage Page 2 of3 6I26MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 ?E1 ~ Z600-£0£0 n-ens coverage or similar coverage that apply have been paid. b. If Other Physical Damage Coverage or Similar Coverage Applies The first paragraph of item 3 . is changed to read : T he physical damage coverages provided by this policy apply as Page 3 of3 primary coverage for a loss to your car, except while your car is used in personal vehicle sharing. The physical damage coverages provid- ed by this policy apply as excess coverage for a loss to your car while it is used in personal vehicle sharing. 6126MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 0 w C/) V) 9 N 0 "1,.l 0 M r- '° V) M Cl ;_; .., ..0 E = z .[ ~ E-- ..i ~ 0 0 = > u :s 0 i=,. i::i:: ;;;, 0 > 0 Ea-= u ~ ~ ..i r:n ~ ..i ..:i i=,. 6289DW SINGLE LIMIT LIABILITY COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement mak es , a ll 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- ing: 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 fo r a ll damages res ulting from any one acc ident. 3. This L iabili ty 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 thi s policy. Page 1 of 1 most we will pa y regardless of the number of: a. insureds ; b. claims made ; c. ve hicle s ins ured ; or d . ve hicles involved in the accident. 5. If the insured must provide the limits required by a motor vehicle compulsory in surance , financial respons ibility, 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 shown on the Declaration s Page. 6289DW ©, Copyright , Stat e Farm Mutu al Automo bil e Insurance Comp any, 2011