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13-053 Chrisp Company Agreement for the installation of asphalt Dike on Green Leaf Drive and Linda Vista Drive /7° _r- -)3
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CHRISP COMPANY
FOR THE INSTALLATION OF .-1SPHAI T DIKE ON (GREEN LEAF DRIVL AND
LINDA VISTA DRIVE.,CUPERTINO, CA.
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1 THIS AGREEMENT, for reference dated April 2, ?.t)I is by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"). and
Chrisp Company, a California corporation whose address is
43650 Osgood Road. Fremont. CA 94539 hereMafter called the Contractor, and is made with
reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being conducted
under the Constitution and the statutes of the State of CalifOrnia and the Cupertino Municipal
Code.
B. City and Contractor desire to enter into an agreement for
the intitaIlation ol`asphiilt dike in itcc ordinLe %%itli the propo'itl t i!I fiR4 referred to as exhibit A
dated April 2. 2013. on the centerline of urger, Leaf Drive arld Linda Vista drive in the area
indicated OIL atrial photos rttc.ured to_o ' I:yhihi IV and per I. diranti 1 1t1 Standard Plain :1S713.
Type I also referred to as_l xhibit U''. Cupertino California.
NOW, THEREFORE. it is mutually agreed by and between the undersigned parties as
follows:
1... TERM:
The Contractor shall begin work within thirty (30) calendar days after receiving notice
from the Street Dept. Supervisor to commence the work, and shall diligently prosecute the work
to completion before the expiration of thirty (30) consecutive working days from the date of
receipt of notice to begin work.
?. SERVICES TO BE PERFORMED:
Contractor agrees. at its own cost and expense, to furnish all labor. tools, equipment.
materials. except as otherwise specified. and to do all work strictly in accordance with the
proposal dated April 2. 201 hereby referred to and expressly made a part hereof with the same
force and effect as if the same were fully incorporated herein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the
amount and manner set forth in C'ontractor's proposal, which is attached hereto as I xhihit "A"
and incorporated herein by this reference. Payment will be made in the same manner that claims
1
of a like character are paid by the City. with checks drawn on the treasury of the City, to be taken
from the general fund.
4. TIME IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance of this
Agreement.
5. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Ray Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by the
City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Contractor intend that the relationship between them created by this Agreement
is that of employer-independent contractor. The manner and means of conducting the work are
under the control of Contractor, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of employment
will be acquired by virtue of Contractor's services. None of the benefits provided by City to its
employees, including but not limited to unemployment insurance, workers' compensation plans.
vacation and sick leave are available from City to Contractor, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA payments. PERS payments, or
other purposes normally associated with an employer-employee relationship from any fees due
Contractor. Payments of the above items, if required. are the responsibility of Contractor.
7. IMMIGRATION REFORM AND CONTROL ACT(IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment
authorization of all of its employees performing work hereunder, pursuant to all applicable IRC'A
or other federal, or state rules and regulations. Contractor shall indemnify and hold City
harmless from and against any loss. damage, liability, costs or expenses arising from any
noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Contractor agrees that harassment or discrimination directed
toward a job applicant, a City employee. or a citizen by Contractor or Contractor's employee on
the basis of race, religious creed. color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age,or sexual orientation will not be tolerated. Contractor agrees that any
and all violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
2
harmless the City and its officers, officials. agents, employees and volunteers against any
and all liability. claims, stop notices, actions, causes of action or demands whatsoever
from and against any of them, including any injury to or death of any person or damage
to property or other liability of any nature, arising out of. pertaining to, or related to the
performance of this Agreement by Contractor or Contractor's employees. officers,
officials, agents or independent contractors. Contractor shall not be obligated under this
Agreement to indemnify City to the extent that the damage is caused by the sole
negligence or willful misconduct of City, its agents or employees. Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees
and all other costs and fees of litigation.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in these sections from each and every subcontractor or any other
person or entity involved by, tor, with. or on behalf of Contractor in the performance of
this agreement. if Contractor fails to obtain such indemnity obligations from others as
required here. Contractor agrees to be :Fully responsible according to the terms of this
section.
10. INSURANCE:
On or before the commencement of the terms of this Agreement. Contractor shall furnish
City with certificates showing the type, amount, class of operations covered. effective dates and
dates of expiration of insurance coverage in compliance with paragraphs 10A. B. C and D. Such
certificates, which do not limit Contractor's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this certificate be canceled
or coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days advance written notice to the City of Cupertino by certified mail.
"Attention: Chris Mertens." It is agreed that Contractor shall maintain in force at all times
during the perfomance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do insurance
business in the State of California. Endorsements naming the City as additional insured shall be
submitted with the insurance certificates.
A. COVERAGE:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Listbility:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1.000,000
each occurrence
$2.000,000
aggregate -all other
Property Damage: $500,000 each occurrence
3
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $2,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the
following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500.000 each occurrence
or
Combined Single limit: S1,000,000 each occurrence
B. SUBROGATION WAIVER:
Contractor agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance. Contractor shall look
solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer of said Contractor may acquire against City by virtue of the payment of any loss
under such insurance.
C. FAILURE TO SECURE:
It. Contractor at any time during the term hereof should fail to secure or maintain the
foregoing insurance. City shall be permitted to obtain such insurance in the Contractor's name or
as an agent of the Contractor and shall he compensated by the Contractor for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City. its City Council, boards and commissions, officers, employees, and volunteers shall
he named as an additional insured under all insurance coverage's, except worker' s
compensation insurance. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named as such additional
insured. An additional insured named herein shall not be held liable for any premium,deductible
portion of any loss. or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy.
F. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect
Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate
coverage for Contractor.
11. BONDS:
Contractor is not required to provide bonds.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease. hypothecate, or transfer this Agreement, or any
4
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee. hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by Contractor
from City under this Agreement may he assigned to a bank, trust company or other financial
institution without prior written consent. Written notice of such assignment shall he promptly
furnished to City by Contractor.
'the sale. assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate
member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy.
which shall result in changing the control of Contractor, shall be construed as an assignment of
this Agreement. Control means fitly percent (50%) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors
whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in ►iriting, describing the scope
of work to be subcontracted and the name of the proposed subcontractor. Such request shall set
forth the total price or hourly rates used in preparing estimated costs for the subcontractor's
services. Approval of the subcontractor may, at the option of City. be issued in the form of a
Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general and automobile liability insurance in reasonable conformity to the insurance carried by
Contractor. In addition, any work or services subcontracted hereunder shall be subject to each
provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this
Agreement. all appropriate permits, certificates and licenses. including a City Business License,
that may he required in connection with the performance of services hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced.
prepared or caused to be prepared by Contractor pursuant to or in connection with this
Agreement shall he the exclusive property of City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
No report, information nor other data given to or prepared or assembled by Contractor
pursuant to this Agreement shall be made available to any individual or organization by
Contractor without prior approval by City.
Contractor shall, at such time and in such form as City may require, furnish reports
concerning the status of services required tinder this Agreement.
5
16. RECORDS:
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the performance of
services under this Agreement.
Contractor shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Contractor shall provide free access to such books and records to the representatives of City or
its designees at all proper times, and gives City the right to examine and audit same, and to make
transcripts there from as necessary, and to a low inspection of all work, data. documents.
proceedings and activities related to this Agreement. Such records. together with supporting
documents, shall he kept separate from other documents and records and shall he maintained for
a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by
City's preliminary examination or audit of records. and the City's supplemental examination or
audit of the records discloses a failure to adhere to appropriate internal financial controls, or
other breach of contract or failure to act in good faith. then Contractor shall reimburse City for
all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices. demands, requests or approvals to be given under this Agreement shall he
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid.
registered or certified, addressed as hereinafter provided.
All notices,demands. requests.or approvals from Contractor to City shall be addressed to
City at:
City of Cupertino
10555 Mary Avenue
Cupertino CA 95014
Attention: Chris Mertens
All notices,demands, requests,or approvals from City to Contractor shall he addressed to
Contractor at:
43650 Osgood Road
Fremont, CA 94539
Attention: David Morris
18. URBAN RUNOFF MANAGEMENT:
The Contractor shall avoid creating excess dust when breaking asphalt or concrete and
during excavation and grading. If water is used for dust control. contractor shall use as little as
necessary. Contractor shall take all steps necessary to keep wash water out of the streets. gutters
and storm drains.
The Contractor shall develop and implement erosion and sediment control to prevent
6
pollution of storm drains. Such control includes but is not limited to:
A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric
fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season
(October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut
slurry and remove from the site).
B. Cover exposed piles of soil or construction material with plastic sheeting. All
construction materials must be stored in containers.
C. Sweep and remove all materials from paved surfaces that drain to streets, gutters
and storm drains prior to rain as well as at the end of the each work day. At the completion of
the project. the street shall be washed and the wash water shall be collected and disposed of
ofisite in an appropriate location.
D. Alter breaking old pavement. Contractor shall remove all debris to avoid contact
with rainfall or runoff.
1 . Contractor shall maintain a clean work area by removing trash, litter. and debris at
the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they
occur.
The objective is to ensure that the City and County of Santa Clara County-Wide Clean
Water Program is adequately enforced. These controls should be implemented prior to the start
of construction. up-graded as required. maintained during construction phases to provide
adequate protection,and removed at the end of construction.
These recommendations are intended to be used in conjunction with the States Best
Management Practices Municipal and Construction Handbooks, local program guidance
materials from municipalities. Section 7.1.01 of the Standard Specifications and any other
appropriate documents on storm water quality controls fitr construction.
Failure to comply with this program will result in the issuance of noncompliance notices.
citations, project stop orders or fines. The tine for noncompliance of the above program is two
hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean
Water Act can also impose a fine on the contracror. pursuant to Cal. Water Code ' 13385.
19. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Contractor shall he deemed in default in the performance
of this Agreement. if such default is not cured within a period of two (2) days alter receipt by
Contractor from City of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, City may terminate the Agreement forthwith by giving to
the Contractor written notice thereof.
City shall have the option. at its sole discretion and without cause. of terminating this
Agreement by giving seven (7)days' prior written notice to Contractor as provided herein. Upon
termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date of
termination.
20. COMPLIANCES:
Contractor shall comply with all laws., state or federal and all ordinances, rules and
7
regulations enacted or issued by City.
21, CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed
with the courts of the County of Santa Clara. State of California.
22. ADVERTISEMENT:
Contractor shall not post, exhibit. display or allow to be posted, exhibited, displayed any
signs, advertising, show hills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior written approval has been secured from City to do
otherwise.
23. WAIVER:
A waiver by Oty of any breach of any term. covenant, or condition contained herein.
shall not be deemed to be a waiver of any subsequent breach of the same or any other term.
covenant, or condition contained herein, whether of the same or a different character.
24. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto. and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof Any modification of this Agreement will be effective only by
written execution signed by both City and Contractor.
25. SAFETY REOUIRKMENT
All work performed under this Agreement shall be performed in such a manner as to
provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA.
City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or
harmful acts or conditions are observed or reported relative to the performance of the work under
this Agreement.
Contractor shall maintain the work sites free of hazards to persons and/or property
resulting from his or her operations. Any hazardous condition noted by Contractor, which is not
a result of his or her operations, shall immediately be reported to City.
26. HOURS OF OPERATION
Contractor shall be allowed to operate only for the hours of 8:00 a.m. to 4:30 p.m. unless
prior written approval has been secured from City to do otherwise.
8
27. REQUIREMENT TO PAY PREVAILING WAGES
Consistent with the City's policy to pay prevailing wage rates, Contractor shall
comply with the City's Labor Compliance Program and all other requirements set tbrth in Labor
Code section 1770 et seq. The City shall require payment of the general rate of per diem wages
or the general rate of per diem wages for holiday and overtime work, Contractor will submit
(monthly or biweekly) certified payroll records ':o the City for all employees and subcontractors
in a preapproved format or a City provided form Any delay in remitting certified payroll reports
to the City upon request from the City will result in either delay and/or forfeit of outstanding
payment to Contractor.
28. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreemen: shall he read and enforced as though each were
included herein. If through mistake or otherwise. any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
9
29, CAPTIONS:
Hie captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS Wt-HEREOF. the parties have caused the Agreement to he executed on the
day and year first above written.
P. O.: 057)__CT-62 -_)
V
CONTRACTOR CITY OF CUPERTINO
Chrisp Company A Ivtunicipal Corporation
fay �. ' _ Bc.-
Title i1(�' wAC, Till . cra=c o-r ac e(..c: e. C.L.L.I-f<-S
Date— LI Date ti- f S - L-3
RECOMME 6 --=` )R PPR A11;
Titl:_ �� A✓s/ r//ct/dr -_vf a ac L7440e—A
APPROVED AS TO FORM:
n By._ ../44eG;_ i�/1AG .
/ )City Attorney
tt` A.I'[FST:
(,� f/231( 3
City Clerk
Contract Amount: S6.20(1.0(i
-
Account No.: 270-9450-930(1
qrt/414 3
10
REVISED
Fremont Office
REVISED .Art 1 i Contractors License No.374600
43650 Osgood Rd A General Engineering
Fremont CA 94539 C-13 Fence,Wire,wood
Phone: (510)656-2840 Fax: (510)656-2397 C-32 Highway Improvement
Quotation Union Contractor)No minority Status
TO Current Date: 4/2/2013
CUPERTINO,CITY OF BidDate. 4/1/2013
10300 TORRE AVENUE JobName: CUPERTINO AC DIKE
INSTALLATION
CUPERTINO CA 95014-0255 Location. CUPERTINO Bid#: 18843 0
Phone:(408) 777-3354 Fax: ( ) - Contract#. Job#
Working Days
Contact' CHRIS MERTENS
Liquidated Damages
email:
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
MOBILIZATION FOR CHRISP COMPANY WORK 1 LS 1550.000 $1,550.00
2 TRAFFIC CONTROL FOR CHRISP COMPANY 1 LS 1800.000 $1.800 00
3 FURNISH AND INSTALL ASPHALT DIKES 285 LF 10.000 $2,850.00
Subtotal $6.200.00
TOTAL $6.200.00
Notes
1 MOVE-IN FOR INSTALLATION OF AC DIKE
PAINTING OF AC DIKE BY OTHERS
Written Authorization is Required Prior to Proceeding With Work
ACCEPTED BY: P.O.Number
TITLE: Job
Number
Bond Rate Addendum
1.5%
This quote includes all stipulations found on page 2 QUOTE PREPARED BY David Morris
(510)719.6453
dmorris @chrispco.com
CHRISP COMPANY
Page 1 of 2
CfVUJ p extirpate,* REVISED
Fremont Office REVISED Contractors License No 374600
43650 Osgood Rd A General Engineering
Fremont CA 94539 C-13 Fence,Wire,wood
Phone; (510)656-2840 Fax. (510)656-2397 C-32 Highway Improvement
Quotation Union Contractor/No minority Status
COMMENTS, EXCLUSIONS, AND STIPULATIONS
The following stipulations are hereby incorporated into and made part of the quotation from Chrlsp co.
dated April 2, 2013 for the following project
CUPERTINO AC DIKE INSTALLATION
• NO RETENTION TO BE TAKEN
• Move-in(s)Included.Additional Move-Ins$1,550.00
• Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid
date
• EXCLUDE:Installation or removal of temporary delineation
• Clean, clear and unobstructed access required for Chrisp Co. work
• Final PAY OTYS presented by owner MUST be agreed by Chrisp Co.
• Changeable Message board If required to be provided by General Contractor for Chrisp Co.Use at no Charge to
Chrisp Co.
• EXCLUDE:Traffic Control Plan
• EXCLUDE: Removal of Existing Striping &Markings
• EXCLUDE: Removal of Concrete Curing Material prior to PAINT/THERMOPLASTIC/PAVEMENT MARKER
• EXCLUDE: Red-Lined As-Built Drawings
• After receiving contract 10 working days written notice required prior to scheduling of work
• EXCLUDE:Construction Area Signs
• This quotation excludes Primary Liability Insurance greater than$2,000,000.
• This quotation excludes all work associated with the project SWPP and WPCP.
• This quotation excludes the removal&disposal of hazardous grindings&spoils from jobslte.
• EXCLUDE:Encroachment Permit(If required to be provided at No Cost to Chrisp Company)
• EXCLUDE:ALL Safety Training,fledging and Orientation(To be paid at time and material Cal-Trans rates)
• Mobilization&Traffic Control Items shall not be adjusted for decreases in the work.
• Mobilization&Traffic Control Items shall be adjusted for increases in the work
• EXCLUDE:Advanced posting of"No Parking"signs
Page 2 of 2
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A °® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
04/08
04/08/2013
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 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 LIC #0726293 1-925-299-1112 CONTACT Certificates Team
Arthur J. Gallagher & Co. NAME:PHONE FAX
Insurance Brokers of California, inc. AIC.No.Extl: 925-299-1112 (A/C,No): 925-953-6270
3697 Mt. Diablo Boulevard, Suite 300 E-MAIL A sfba area_certs @a DDRESS: Y j 9 com
Lafayette, CA 94549 __ INSURER(S)AFFORDINGCOVERAGE NAIC#
Client Code: CHRIS-8 INSURERA: OLD REPUBLIC GEN INS CORP 24139
INSURED INSURER B: NATIONAL UNION FIRE INS CO OF PITTS 19445
Chrisp Company --
INSURER C:
43650 Osgood Road INSURERD:
Fremont, CA 94539 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 33012951 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 CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS
LTR INSR VD POLICY NUMBER _ (MM/DD/YYYY) (MM/DDIYYYY)
A GENERAL LIABILITY X X A1CG99131202 12/01/12 12/01/13 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000
PREMISES(Ea occurrence) $
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000
X BI/PD: $10,000 DED/OCC 1,000,000
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY X PECOT- LOC _ $
A AUTOMOBILE LIABILITY X X A1CA99131202 12/01/12 12/01/13 COMBINED SINGLE LIMIT 1,000,000
(Ea accident) $
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE
X HIRED AUTOS X AUTOS (Per accident)
X COMP/COLL x DED:$1,000* $
B X UMBRELLA LIAB X OCCUR 8E11665491 12/01/12 12/01/13 EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED X RETENTION$10,000 _ $
A WORKERS COMPENSATION A1CW99131202 12/01/12 12/01/13 X WI-Mr-3 ER
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
[SEE ATTACHED SUPPL. PAGE]
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Chrisp Job #: 1C.3566 / RE : Installation of Asphalt Dike on Green Leaf Drive and Linda vista Drive, Cupertino, CA.
ADDITIONAL INSURED (S) : City of Cupertino , its Council, boards and commissions, officers, employees, and Volunteers.
CERTIFICATE HOLDER CANCELLATION
Chrisp Job #: 1C.3566
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
10555 Mary Ave. AUTHORIZED REPRESENTATIVE
Cupertino, CA 95014 V Z
USA
©1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
adilaf
33012951
POLICY NUMBER: A1CG99131202 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s)Of Covered Operations
WHERE REQUIRED BY WRITTEN CONTRACT WHERE REQUIRED BY WRITTEN CONTRACT
•
•
•
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
A. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or
organization(s)shown in the Schedule, but only with respect to liability for"bodily injury", "property
damage"or"personal and advertising injury"caused, in whole or in part, by:
1.Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s)at the location(s)
designated above.
B.With respect to the insurance afforded to these additional insureds,the following additional
exclusions apply:
This insurance does not apply to"bodily injury"or"property damage"occurring after:
1.All work, including materials, parts or equipment furnished in connection with such work, on
the project(other than service, maintenance or repairs)to be performed by or on behalf of the
additional insured(s)at the location of the covered operations has been completed; or
2. That portion of"your work"out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
CG 20 10 07 04 © ISO Properties, Inc.,2004
POLICY NUMBER: A1CG99131202 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Completed
Or Organization(s): O s erations
WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHERE REQUIRED BY WRITTEN CONTRACT
WHEN COVERAGE FOR COMPLETED OPERATIONS IS
SPECIFICALLY REQUIRED BY THAT CONTRACT
•
•
•
•
•
•
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
Section II—Who Is An Insured is amended to include as an additional insured the person(s)or
organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or
"property damage"caused, in whole or in part, by"your work"at the location designated and
described in the schedule of this endorsement performed for that additional insured and included
in the"products-completed operations hazard".
•
•
CG 20 37 07 04 © ISO Properties, Inc.,2004
OLD REPUBLIC GENERAL INSURANCE CORPORATION
CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Name of Additional Insured Person(s) Location(s)of Covered Operations
Or Organization(s):
WHERE REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above,will be shown in the Declarations.
The insurance provided by this endorsement is primary insurance and we will not seek contribution from
any other insurance of a like kind available to the person or organization shown in the schedule above
unless the other insurance is provided by a contractor other than the person or organization shown in the
schedule above for the same operation and job location. If so,we will share with that other insurance by
the method described in paragraph 4.c. of Section IV—Commercial General Liability Conditions.
All other terms and conditions remain unchanged.
Named Insured CHRISP COMPANY
Policy Number Al CG99131202 Endorsement No.
Policy Period 12/01/12 to 12/01/13 Endorsement Effective Date: 12/01/12
Producer's Name: ARTHUR J. GALLAGHER&CO. INSURANCE BROKERS OF CA, INC.
Producer Number: LICENSE#0726293
CG EN GN 0029 09 06
POLICY NUMBER: A1CC99131202 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
WHERE REQUIRED BY WRITTEN CONTRACT
•
•
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person or
organization and included in the "products-completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.
CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1
OLD REPUBLIC GENERAL INSURANCE CORPORATION
ADDITIONAL INSURED WHERE REQUIRED
UNDER CONTRACT OR AGREEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
The following is added to Section II Liability Coverage, A —Coverage, 1.Who Is An Insured:
d. Any person or organization to whom you become obligated to include as an additional
insured under this policy, as a result of any contract or agreement you enter into which
required you to furnish insurance to that person or organization of the type provided by
this policy, but only with respect to liability arising out of your operations or premises
owned by or rented to you. However, the insurance provided will not exceed the lessor of:
1. The coverage or limits of this policy, or
2. The coverage or limits required by said contract or agreement.
Named Insured CHRISP COMPANY
Policy Number Endorsement No.
A1C/\991312O2
Policy Period Endorsement Effective Date' 12/01/12
12/01/12 to 12/01/13
Producer's Name: ARTHUR J. GALLAGHER&CO. INSURANCE BROKERS OF CA, INC.
Producer Number:
LICENSE#0726293
CA EN GN 0020 03 07
OLD REPUBLIC GENERAL INSURANCE CORPORATION
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
The following is added to Section IV–Business Auto Conditions,A. –Loss Conditions, 5. –Transfer of Rights of
Recovery Against Others to Us:
However, we will waive any right of recovery we have against any person or organization
with whom you have entered into a contract or agreement because of payments we make
under this Coverage Form arising out of an "accideni" or"loss" if:
(1) The"accident" or"loss" is due to operations undertaken in accordance with a
Written contract existing between you and such person or organization; and
(2) The contract or agreement was entered into prior to any"accident"or"loss."
No waiver of the right of recovery will directly or indirectly apply to your employees or employees
of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery
funds obtained by any injured employee.
Named Insured
CHRISP COMPANY
Policy Number Endorsement No.
A1CA99131202
Policy -- --- - Endorsement E��otixmOadm'--
u/u Date: 12/01/12
` Period 12/01/12 to 12/01/13 — – Effective ---
ProduoahsNgme�
Name: ARTHUR J. GALLAGHER &CO. INSURANCE BROKERS OF CA. INC.
Producer Number:
LICENSE#0726293
CAENGN0021C0DG
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/08/2013
NAME OF INSURED: Chrisp Company
Additional Description of Operations/Remarks from Page 1:
Additional Information:
GENERAL LIABILITY:
* Additional Insured if required by written contract per attached Form CG2010 0704
* Additional Insured if required by written contract per attached Form CG2037 0704
* Coverage is Primary/Non-Contributory if required by written contract per attached CGENGN0029 0906
* Waiver of Subrogation if required by written contract per attached Form CG2404 0509
AUTOMOBILE LIABILITY:
* Additional Insured if required by written contract per attached Form CAENGN0020 0307
* Waiver of Subrogation if required by written contract per attached Form CAENGGN0021 0906
WORKERS' COMPENSATION:
* Covered States: California, Nevada, Oregon
UMBRELLA LIABILITY:
* Underlying: General Liability, Automobile Liability and Employers' Liability
SUPP(05/04)
�/ OFFICE OF THE CITY CLERK
• CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
�S s t.19s TELEPHONE:(408) 777-3223•FAX: (408)777-3366
WEBSITE:www.cupertino.org
CUPERTINO
April 23, 2013
Chrisp Company
43650 Osgood Road
Fremont, CA 94539
Re: Installation of Asphalt Dike on Green Leaf Drive and Linda Vista Drive, Cupertino,
CA
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
Enclosure
cc: Public Works
