Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-156 Done Right Inc., Dry Rot Repair at the Traffic Operations Building
FIRST AMENDMENT TO AGREEMENT 2019-214 BETWEEN THE CITY OF CUPERTINO AND DONE RIGHT INC. FOR DRY ROT REPLACEMENT AT TRAFFIC OPERATIONS BUILDING This First Amendment to Agreement 2019-214 between the City of Cupertino and Done Right Inc., for reference dated 9/20/2018 , 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 7/27/2018 , an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for dry rot repair at the Traffic Operations building. The agreement will expire on 4/19/2019. B. On 8/20/2018 , 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 mutually agreed by and between and undersigned parties as follows: 1. 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 $22,100.00 2. 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 ex ecuted. ~,h-~(29_ ro ~t ·lo City Clerk EXPENDITURE DISTRIBUTION PO #2019-214 Dry Rot Repair at Traffic Operations Building Original $14,000.00 Amendment #1: $8,100.00 Amendment #2: Total: $22,100.00 CUS T OMER A DDR ESS City of C u pertin o 10555 Ma ry A ve nu e C upert in o C a 950 14 CO NT A CT N A ME W O R K PH O NE# DE SC RIPT ION Ex t ra w o r k not i nc lucl ecl in cont ra ct. C hange add i tion a l 7 shee ts or t-1 I an d p1 irn e. C hang e 2x 6 fr aming und er th e ll o m 5 0 lee r. C hange addi t i o nal t rim aro und d o o r ,i ncl w in dows o f aclcl it io mil sid i ng . I nsta l l mi ss i ng in su l at i o n o n so u t h si d e wa l l s. La bor and M ate1·ial $8 I 00 . Sa les T ax Li e. #77 4 96 2 13-1 C-39 C--U Prn po s~l exp ir es in 30 days 1·w111 d ,tl e uboVL'. Th ank )U LI . H O ME P H ONE# I PROPOSAL; ' ' DA TE NO. ! i I 8/25/2 0 18 7.1,15 J OB L OC AT IO N I; • i. I I .1 CE L L P H ON E# ' ·, T OT AL 8, I 00.00 ' I i 0 .00 ' ' TOTA L ~x 100 oo CITY OF m PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on _J_ul~y_2_7~,_2_0_18 _____ _ ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Done Right Inc. , a Corporation ("Contractor") for dry rot repair at the Traffic Operations building. 2. SCOPE OF WORK Contractor will perform and provide all labor, materia ls, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on April 19, 2019 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 wi ll 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 $14,000 .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 Traffic Operations Building -Dry Rot Repairs Pub lic Works Contract $45,000/Rev. May 22, 2018 Page I of 11 any incid ental 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 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 comp letion 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 Traffic Operations Building -Drv Rot Repairs Public Works Contract $45,000/Rev . May 22, 2018 Page 2 of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work 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; HV 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 Traffic Operations Building -Dry Rot Repairs Public Works Contract $45,000/Rev. May 22, 2018 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 emp loyees, 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 lo st due to a c laim 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 res ult 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 Traffic Operations Building -Dry Rot Repairs Public Works Contract $45,000 /Rev . May 22, 2018 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 Traffic Operations Building -Orv Rot Repairs Public Works Contract $45,000 !Rev. May 22, 2018 Page 5 of I I 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. E ach bond mu st be issued by a surety admitted in California, with a financial ratin g from A.M. Best Company of Class A-or higher, or as oth erw ise acceptable to City. If an issuin g surety cancel s a bond or becomes in solvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar day s 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 disco ve red conditions materiall y 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 Traffic Operations Building -Dry Rot Repairs Public Works Contract $45,000 /Rev . May 22, 2018 Page 6 o f I I ( 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 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 Traffic Operations Building -Ory Rot Repairs Public Works Contract $45,000 /Rev. May 22, 2018 Page 7 of II 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 w ithout 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 Traffic Operations Building -Orv Rot Repairs Public Works Contract $45,000 /Rev. May 22, 2018 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 Traffic Operations Building -Dry Rot Repairs Public Works Contract $45,000/Rev . May 22, 2018 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 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 Traffic Operations Building -Drv Rot Repairs Public Works Contract $45,000 /Rev . May 22, 2018 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: _V~j~/~t~b_/:_r; ___ _ APPROVED AS TO FORM: By: RO O V. FIERRO Cupe ino City Attorney 1~'7:J ATTEST: By: 6£~tl GRACE SCHMIDT, City Clerk CITY OF CUPERTINO, a Municipal Corporation By:~~-..,..-- Title: Director of Public Works Signature Date: ___ B_·_·::i-_._L_i _____ _ tat -f r:. ['SJ-11)1) . <~v Y po J&L 0l -J-i lt Public Works Project Traffic Operations Building -Dry Rot Repairs Public Works Contract $45,000 /Rev . May 22, 2018 Page 11 of 11 EXH I BIT 11 A11 PROPOSAL CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 DATE 7/2/2018 JOB LOCATION Traffic Ops Modular Building CONTACT NAME WORK PHONE# HOME PHONE# CELL PHONE# Ken T. DESCRIPTION Change siding and trim on south side of building Hold new trim back on window to a llow change of window later . Change upper triangles on east side and upper trim. Change trim below roof line around the rest of building. We will be using TL-siding 8 inch grooves . We will be using 5/8 Acx exterior grade plywood and rip down to trim size . Prime all wood prior to installing. Prime back side of wood on trim. End of each day broom swept location. We will have a trailer on the facility during the work. All debris in trailer at end of day . Work hours 7:00-3:00. Cost per hour is $17 5 per journeyman and $125 per labor. Labor cost not to exceed $12,000 . Materials to be charge at cost not to exceed $2000. Job scheduled for July 30th -A ugust 2nd. Sales Tax Lie. #774962 8-1 C-39 C-43 Proposal ex pires in 30 days from date above. Thank yo u. 408 613-05 10 TOTAL TOTAL NO . 7432 14 ,000.00 0 .00 . .,V $14,000.00 ~ PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor sha ll 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, emp lo yees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as : 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, 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 ex cess 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 max imum 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. 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 lim it no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of Cali fornia, 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. ~ NIA if bo x 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. ~ NI A if box checked (Project does not involve con struc tion or improveme nts/installations to property). Insuranc e Requirements for Construction Contracts -$45,000 Version : N ov 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. ~ 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: (l) 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 20 0 I 04 13 with respect to City, its officers, officials, employees and volunteers , and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in 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 pol icy 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 I 00% 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, 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 "VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance lan guage, 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 comp lete, 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 yea r a Maintenance Bond equal to I 0% 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 C onstruction Contracts -$45,000 Version: Nov 2017 3 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDNYYY) .. .----07/30/18 ! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED I REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. I 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 I this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NMlf'" FRANK VITALE INSURANCE AGENCY rt8NN~ Ext) (831) 462-9222 / r.c2 . No) (831) 4 62-9299 4067 Cory St ~omiESS Fvi tale99@gmail r COm Soquel, CA 95073 INSURER(SI AFFORDING COVERAGE NAJC I 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: I THIS IS TO CERTIFY THAT THE POLIC IES 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 INSURANC E AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ftUU~ ~ug~ I rMMJDDIYYYYJ I IMMJDDIY;;;1 LIMITS LTR INSD WVD POLICY NUMBER X COMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCE $ 2,000,000 I e--=i CLAIMS-MADE [Ki OCCUR ! L.1~!1:"~~ '. ~1 "~n I ~L.I PREMISES Ea occurrence) $ 50,000 i ~ ~/15/2018 ~/15/2019 ' I ,MED EXP (Any one person) $ 5,000 I ,__.. y ! y I PC266624 v 1,000,000 I A I i PERSONAL & ADV INJURY $ e--• ! I ' GENERAL AGGREGATE 4,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER . I I $ I ~ D PRO-D LOC I 2,000,000 POLICY . JECT I I PRODUCTS • COMP/OP AGG $ OTHER : $ i AUTOMOBILE LIABILITY I I (I . lN(;Lt LIMI 1 $ Ea acc,dent I e-- ANYAUTO BODILY INJURY (Per person) $ I e--OWNED ~ SCHEDULED I I AUTOS ONLY AUTOS I I BODILY INJURY (Per accident) $ I -HIRED NON-OWNED I .-nvr't:~ I Y """''""" AUTOS ONLY f--AUTOS ONLY I !Per accident) $ I -I $ I UMBRELLA LIAB H OCCUR I EACH OCCURRENCE $ -I EXCESS LIAB CLAIMS-MADE I AGGREGATE $ I 'OED I I RETENTION$ I $ ; WORKERS COMPENSATION j1;1;201s /111;20191 ~ I STATUTE I I ~RM• AND EMPLOYERS' LIABILITY Y/N 3002353-18 / 1,000,000 1 C ANY PROPRIETOR/PARTNER/EXECUTIVE D y E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) I I E.L. DISEASE • EA EMPLOYEE $ 1,000,000 If yes , describe under E L DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below I I I I DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 . Add iti onal Remarks Schedule . may be allached if more space is required) PER CO "A" ADDITIONAL INSURED ENDORSEMENT FORM# V0912-10. PRIMARY & NON-CONTRIBUTORY FORM #PCIC2479 1007 & WAIVER SOF SUBROGATION FORM# SII249671 1007 ATTACHED, THE ' CERTIFICATE HOLDER CITY OF CUPERTINO IS NAMED AS ADDITIONAL INSURED WITH REGARDS TO THE INSURED'S JOB OPERATIONS: CARPENTRY REPAIRS APPLIES. *10 DAY NOTICE FOR NON PAYMENT OF PREMIUM* CERTIFICATE HOLDER CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 & ROOFING. PER CO "B" WAIVER OF SUBROGATION • 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 . © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD V V V ENDORSEMENT TO POLICY NO. 10 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY BLANKET ADDITIONAL INSURED The section of the policy entitled ill. -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The coverage afforded by this endorsement is only; (I) with respect to liability of the Additional Insured in connection with the original Member's or Named lnsured's ongoing operations performed for said Additional Insured; and (2) only if the Additional Insured performs all obligations required under the Policy. The coverage afforded to an Additional Insured is limited to a claim made for a Covered Loss not covered by other insurance available to an Additional Insured, and is limited by V. -COMMERCIAL GENERAL LIABILITY CONDITIONS , paragraph 4. Other Insurance, b., of the policy, which provision applies equally to an Additional Insured and is made a part of this Endorsement. Other than as expressly modified herein, coverage for the Additional Insured is governed by the terms and conditions of this policy, including the insuring agreements. No coverage is afforded under the "products-completed operations hazard" for an Additional Insured pursuant to this endorsement. The coverage afforded to an Additional Insured under this endorsement ends as of the date of completion, abandonment or termination of the work of the original Member or Named Insured at any job site, project or structure. The "work" of the original Member or Named Insured will be deemed completed as of the date 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 when 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, including another contractor or subcontractor engaged in performing operations as part of the same project. The coverage provided for the Additional Insured is only to the extent the Additional Insured is held liable for the negligence or strict liability of the original Member or Named Insured. No coverage is provided for liability based upon the acts, errors or omissions of the Additional Insured. No coverage is provided to an Additional Insured for damages because of "bodily injury" to an employee of the original Member or Named Insured, whether suit is brought or claim is made by the employee or the parent, spouse, child or sibling of such employee, or any entity seeking damages because of injury to such employee. Except as set forth abov~. all of the terms, conditions and exclusions of this policy apply and remain in effect. Date: 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: 12.J,ii~ ~ Authoriz:f presentative END 101 of 1 THIS ENDORSEMENT CHANGES THE POUCV. 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 Th is 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 Organlzation(s}; Locatlon(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 infom,ation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Except as set forth above all of the tenns, conditions, and exclusions of this policy apply and remain in effect. Policy No. Date Time: 12:01 a.m. United Specialty Insurance Company 3250 Grey Hawk Ct, Ste. Z Carlsbad, CA 92010 By: 1l/,,)A· ~ Authoriz;f epresentafiv END Sil 24 9671 10 07 ENDORSEMENT TO POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE R\:AD IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP. LLC COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGAN[ZA TION 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 lnsured(s) Address: Certiftcate Holder -As Required by Written Contract All Projects and Locations (H no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section ll • Who Is An lmured 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 advenising 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 "property damage" occurring after: (I) AJJ work, including materials, pans 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 1nsurancc afforded by the policy to the Additional Insurcd's) listed in the Schedule for the described location(s) is primary insurance. Any other insurance or self-insurance maintained by the /.dditional Insured(s) is excess of this insurance and shall not contribute to it Except as set fonh ab,,ov ei-~U of the terms, conditions and cxclusrons of this policy apply and remain in effect. Date: Time: 12:01 a.m. V0912 • Preferred Contractors Insurqnce Company Risk Retention Group, LLC 27 Nonh 27th Street, Suite 1900 Billings, Montana 59101 By: 121,,.,,; ~ Authorized fp;;ei;tative ENO PCIC 24 79 10 07-1 of 1 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BROKER COPY CC"'1Cl["ol...., .... TIG'N JN~URA!\iCE FUND 3002353-18 RENEWAL HOME OFFICE 1-56-63-03 SAN FRANCISCO PAGE 1 OF 1 ALLEFFECTIVE DATESARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE MAY 15, 2018 AT 12.UJ A.M. AHD EXPIRING JANUARt 1, 2019 AT 12.01 A.M. DOHE RIGHT, IHC. 1129 LONGFELLOW AVE CAMPBELL, CA 95008 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT rs 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 REMUNEllATION 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 03%. NOTHING IN THIS ENDORSEMENT CONTAIPE> 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: ~q MAY 16, 2018 /L_,, .di~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·201'1 2570 OLD DP 217 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE IMM/00/YYYY) ~ 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 riahts to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT RICHARD ALESCH NAME : State Farm RICHARD ALESCH r.11J?ttt c .... 408-918-o8n I rt~ Nol : 408-918-0879 A ~ 164 N. BASCOM AVE STE A ~iJ'AlJ~ss: ELENA.LAMP.QH54@STATEFARM .COM SAN JOSE. CA 95128 INSURER($) AFFORDING COVERAGE NAIC # INSURER A : State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B : DONE RIGHT INC 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 . NOTVVITHSTANDING 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 ANO CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUBR POLICYEFF POLICY EXP LIMITS LTR '•urn ••n,n POLICY NUMBER IMM/00/YYYYI IMMIOO/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s -:J CLA IMS-MADE D OCCUR ~~rtisi~ YE~~~i.Y.ncel s - MEO EXP (Any one person) s - PERSONAL & ADV INJU RY s - GEN'L AGGREGA TE LIMIT APP LI ES PER. GENERAL AGGREGATE s R D PRO-D LO C PRODUC TS· COMP/OP AGG s POLICY JECT OTHER : / s AUTOMOBILE LIABILITY y D35 6730-E02-05R :\( 05/02/2018 f-- 11 /02/2018 1 !li,OMB INED SINGLE LIMIT Ea accidentl s 1,000 ,000 V ANY AUTO BODILY INJURY (Per person) s ~ O'MIED -SCHEDULED A AUTOS ONLY AUTOS BODILY INJURY (Per accident) S HIRED z NON-OIMIED PROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY /Per accidenll s UMBRELI.A UAB H OCCU R EACH OCCURR ENCE s - EXCESS LIAB CLAIMS -MADE AGGREGAT E s OED I I RE TENTI ON s s WORKERS COMPENSATION I ~ffTuTE I I OTH-ER AND EMPLOYERS' LIABILITY YIN ANY PROPR IETOR/PARTNER /EXECU TI VE D E.L. EACH ACCIDEN T s OFFICER/MEMBER EXCLUDED ? NIA (Mandatory In NH) E.L. DI SEAS E· EA EMP LOYEE S gm;~/'tir8~ o1gPERATI ONS below E.L. DISE AS E· PO LI CY LIM IT s DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Sch edul e, may be attached If more spa ce ls required) ADDITIONAL INSURED : CITY OF CUPERTINO INCLUDING ITS CITY COUNCIL , BOARDS AND COMMISSIONS , OFFICERS , OFFICIALS , AGENTS . EMPLOYEES, CONSULTANTS ANO VOLUNTEERS THIS INSURANCE IS PRIMARY AND NON CONTRIBUTORY WITH RESPECTS TO CLAIMS ARISING OUT OF THE OPERATION OF THE DESCRIBED VEHICLES . CERTIFICATE HOLDER C ITY OF CUPERTINO 10555 MARY AVE CUPERTINO , CA 95014 AITN : KENT@CUPERTINO .ORG ACORD 25 (2016/0 3) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACC ANCE WITH THE ICY PROVISIONS . 1001486 132849.12 03-16-2016 I?,~~ ~ State Farm Mutu a l Automobile In surance Company PO Box 853922 Richardson, TX 75085-3922 NAMED INSURED 000134 0058 DONE RIGHT INC 00134 1 129 LONGFELL OW AVE CAMP BELL CA 95008 -7 1 12 05-2127-3 B l•11l'1lll111l111111•1'•1•1'1l•l•ll1lll11•1l•1111111ll1•''l11•l•I A DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. 08 964 -3 -B MATCH 0013 4 MUTL VOL DECLARATIONS PAG E STATE FARM PAYMENT PLAN NUMBER 0356223702 AGENT DICKALESCH 164 N BASCOM AVE STEA SAN JOSE, CA 95128-1867 PHONE: (408)918 -0877 IF AN AMOUNT IS DUE, THEN A SEPARATE STATEMENT IS ENCLOSE D. YOUR CAR YEAR MAKE . MODEL BODY STYLE VEHICLE ID. NUMBER CLASS 2008 CHEVROLET C1500 PICKUP 1GCEC19X08Z183152 603HCV10 $14 .18 U1 Uninsured Motor Vehicle Property Damage Coverage $3 .54 Total premium for DEC 06 2017 to MAY 02 2018. $511.49 This is nol a bill .. I r EK~pWNS;POllC.YBOOKL~T !~~tioR~EMl:NJS (S ' e,oliey ~~Md!PlencJo~qtj·fo, COYIU'agel'-,ak>JJ YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE THE POLICY BOOKLET -FORM 9805B~. AND ANY ENDORSEMENTS THAT APPLY, INCLUDING THOSE ISSUED TO YOU WITH ANY SuBSEOUENT RENEWAL NOTICE. 6028BU ADDITIONAL INSURED -CITY OF CUPERTINO, 10555 MARY AVE, CUPERTINO CA iBg6~F 1322 'BUSINESS NAMED INSURED. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING . 6128AC AMENDATORY ENDORSEMENT. 6289DW SING LE LIMIT LIABILITY COVERAGE. 6196AA -WAIVER OF SUBROGATION UNDER THE LI ABILITY COVERAGE FOR CITY OF CUPERTINO INCLUDING ITS CITY COUNCILt BOARDS , AND COMMISSIONS, OF FICERS , OFFICIALS, AGENTS , EMPLOYEES, CONSUL ANTS . 04312 /02 203 15s.3866 CA.2 05-2002 (o 1a025fc) (o1a0254c) t4SXON (o1a0251e) See Reverse S ide Agent: DI CK AL ESCH Te lep hone : (4 08)91 8-0877 Prepared DEC 20 20 17 2127-BOC 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 disc retion 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 10:00 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 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-~ Secre tary Pres ide nt IMPORT ANT 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-STATEFARM (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 tailed 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 infom,ation : 1. An automobile liability insurance company may cancel a policy before the end of the current policy period 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 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 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 ren ew the policy for reasons that are not listed above but wh ich are lawful and not unfairly discrimina tory . Cll ~2 6030GF BUSINESS NAMED INSURED er, "' 0 c-:i 0 "1,,l 0 Thi s 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 re/.a- tives and non-owned cars in the policy are deleted. E xcept for the changes this endorsement make s, all other provisions of the policy remain the same and apply to this endorsement. (") r- "' l. DEFINITIONS You or Your is changed to read: E;<+-::, O You or Your means the named insured or named insureds shown on the Decla- rations Page. z.- ~ :.:~ 0.C o.,cr, 2. LIABILITY COVERAGE a. Additional Definition Insured is changed to read : Insured means: l . you for : ~ a. the ownership, maintenance, g or use of: O (1) y our car; g (2) a newly acquired car ; > or ~ (3 ) a trailer, and S b . the maintenance or u se of a Clo. temporary substitute car, !5 2 . any person for his or her use of: ~ a. your car ; ~ b . a newly acquired car, :C c . a temporary substitute car, U or < ~ d . a trailer while attached to a < car described in a., b., or c . ~ a bove . ~ Such vehicle must be used with ~ your perm1ss10n , express or Clo. implied, and within the scope of that permission; and Page 1 of3 3. any other person or organization vicariously liable for the usc 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 HIS OR HER EMPLOY- MENT; (2) Exclusion 7. is changed to read: WHILE MAJNTAJNJNG OR USING A VEHICLE lN CONNECTION WITH THAT INSURED'S EMPLOYMENT lN OR ENGAGEMENT OF ANY KlND IN A CAR BUSI- NESS. This exclusion does not apply to: a. you; or 6030GF ©, C o pyright, State Farm Mutual Automobile Insurance Company, 2015 u i?ail l60D-tOW n--a-1s b . any of your agents, em- ployees, or business part- ners 3. MEDICAL PAYMENTS COVERAGE while maintaining or using y our 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 1T IS ACCEPTED BY THE IN- SURED FOR MOVE- MENT INTO OR ONTO A VEHICLE FOR WHICH THE INSURED IS PRO- VIDED LIABILITY COV- ERAGE BY THTS POLICY; 2. THE HANDLJNG OF PROPERTY AFTER IT IS MOVED FROM THE VEHICLE 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 VEHICLE DE- SCRIBED IN 1. ABOVE . Page 2 of3 a. Additional Definitions Insured is changed to read: Insured means any person while occupying: 1 . 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 used within the scope of your consent. b. Exclusions (1) Exclusion l. is deleted. (2) Exclusion 4. is changed to read: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCUPYING A VEHICLE WHILE IT IS: a. MADE AVAILABLE ; OR b. BEING USED TOCARRYPERSONSFORA CHARGE; (3 ) E xclusion 5. is changed to read: WHILE MAINTAINING OR USING A VEHICLE lN CONNECTION WITH THAT INSURED 'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CAR BUSI- NESS. This exclus ion does not apply to any of your: a . agents ; b . employees; or c . business partners while maintain ing or using your car , a newly acquired car , a 6030GF ©, Copyright, State Farm Mutual Automobile In surance Company, 2015 0 w C/J 1/"l '1' ~ "1.l 0 <"> ~ 1/"l <"> Cl ..: <I) ..0 § ;z: -~ ~ I'"' ....i 52 0 0 = > u :s 0 Cl. =: ;;) 0 > ~ :: u ~ ~ ....i r:,:, < ....i ..J Cl. temporary substitute car , or a trailer uwned by you ; (4) Exclusions 7. and 9. are deleted. 4. UNINSURED MOTOR VEIIlCLE COV- ERAGE a. Additional Definitions Insured is changed to uead: Insured means: 1. any person while occupying: a . yourcar; b. a newly acquired car, or c. a temporary substitute car. Such vehicle 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 result of bodily injury to an insured defined in item 1. above. b. Exclusions Exclusion 2. is deleted. 5 . PHYSICAL DAMAGE COVERAGES Additional Definitions a. Covered J!ehicle is changed to read: Covered 14!/zicle means: l. 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 equi pment of campers must be securely 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 EXC ESS COVERAGE FOR PERSONAL V EHI CL E S HARING 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 apply 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 USE OF YOURCARORANEWLY ACQUIRED CAR WHILE 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 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 applies 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 of3 a. Exclusions (1) Exclusion 3. is replaced by the fol- lowing: THERE IS NO COVERAGE FOR AN TNSURED WHO rs OCCUPYING A VEIUCLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN TNSURED. This 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 limits of a ll other sources of medical payments coverage or similar vehicle insurance 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 ACQUTRED CAR WHILE USED IN PERSON- AL VEHICLE SHARING This exclusion does not apply to you and resident relatives when , and only if, the full amount of all available limits of all other sources of medical payments coverage or similar vehicle insurance that apply have been paid . 6126MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 C/) tr) S' 8l u.:i 0 ("") r-- '° tr) ("") 0 ;_; _gN E;c... ::,0 ZN s., :.:::cu o..i:: i:,_.C/) 1- ...i ...;i ~ 0 0 = ;;.. u :::3 0 =-c=: ;;, 0 ;;.. ~ = u ~ ~ ...i ~ < ...i ...;i =- 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 whil e your car or a trailer attached to it is used in personal velticle sltaring. 3 . UNINSURED MOTOR VEHICLE COVERAGE a. Exclusions Exclusion 6. is replaced by the following: THERE IS NO COVERAGE FOR AN INSURED WHO IS OCCU- PYIN G YOUR CAR OR A NEW- LY ACQUTRED CAR WHILE USED IN PERSONAL VEHICLE SHARING. This exclusion does not apply to you and resident r ela- tives when, and on ly 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 pFimary 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 Vehic le 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. Th is exclusion does not apply to your car or a newly acquired car while used in personal vehic/.e sharing when, and only if, the full amou nt 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 6126MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 fE1 ~ Z600"t0CO n-e-1s 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: The physical damage coverages provided by this policy apply as Page 3 of3 pr imary cove rage for a l.oss to your car , except while your car is used in personal vehic/.e sharing. The physical damage coverages provid - ed by this policy apply as excess coverage for a l.oss to your car while it is used in personal velticle sltaring. 6126MD ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 0 w C/l "' 0 8 "';< 0 M r-- '° "' M 0 kj ..0 § z .q ~ E-< .aJ ~ 0 0 = > u -..J 0 g,. a: ;;;;) 0 > ~ ::c u ~ ~ .aJ 00 ~ ..J g,. 62890W SINGLE LIMIT LIABILITY COVERAGE 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 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 Declarations Page under "Liabil- it y Coverage -Limit -Each Accident". 2. The limit shown is the most we will pay for all damages resulting from any one accident. 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 ofl most we will pay regardless of the number of: a. insureds; b. claims made; c . vehicles insured; 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 shown on the Declarations Page. 6289DW ©, Copyright, State Farm Mutual Automobile Insurance Company, 2011