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22-114 Harry L Murphy for City Hall Carpet Replacement Lower LevelPublic Works Project: City Hall Carpet Replacement Lower Level
Public Works Contract / October 2021
Page 1 of 12
PUBLIC WORKS CONTRACT
$200,000 OR LESS
1. PARTIES
This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and
Harry L Murphy, Inc., a Corporation (“Contractor”) for City Hall Carpet Replacement Lower Level,
and is effective on the last date signed below (“Effective Date”).
2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any
other items or work necessary to perform and complete the work required for the Project (“Work”),
as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance
with the terms and conditions of this Contract. Contractor further agrees to carry out its work in
compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on December 31, 2022
(“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. The Director of Public
Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a
written amendment to this Agreement, provided such extension does not include additional contract
funds.
3.2 Time is of the essence for Contractor’s performance and completion of the Work.
Contractor must have sufficient time, resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may
deduct the amount from Contractor’s payments. Liquidated damages are based on reasonably
foreseeable consequences of delay and may include intangible losses which the Parties agree may be
difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss
of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Work an amount that will based on actual costs but that will be capped so as not to exceed
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Public Works Contract / October 2021
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$48,800.00 (“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 any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed
amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained
amounts will be included with Contractor’s final payment within sixty (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, if required by the Cupertino Municipal Code. Contractor shall
possess a California Contractor’s License in good standing for the following classification(s): C-15,
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 Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall
have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.
Should any court, arbitrator, or administrative authority, including but not limited to the California
Public Employees Retirement System (PERS), the Internal Revenue Service or the State
Employment Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Agreement, or to promptly remint to City any payments due by the City as a
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Public Works Contract / October 2021
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result of such determination, so that the City’s total expenses under this Agreement are not greater
than they would have been had the determination not been made.
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation, including but not
limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do
so will be null and void. Any changes related to the financial control or business nature of Contractor
as a legal entity is considered an assignment of the Contract and subject to City approval, which
shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power
of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted
assigns.
8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) 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 Cit y
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 % 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 the Public Contract Code. 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
fifteen (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.
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Public Works Contract / October 2021
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10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must
be identified for all major components of the Work, including mechanical, electrical and plumbing
work; HVAC s ystems; 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 (4) years from the date of City’s final payment.
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 (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, stop notices, actions, causes of action, demands,
charges, losses and expenses (including attorney fees, legal costs, and expenses related to litigation
and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or
in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract
by Contractor, its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for
Work performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim, in accordance with
California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the
defense of a claim, dispute, or lawsuit arising out of this Contract.
11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’
Compensation, or other employee benefits, or the insurance and bond coverage required in this
Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity
in favor of Contractor against City or any other Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Contract, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
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Public Works Contract / October 2021
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entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of
operations covered, and the effective and expiration dates of coverage. Failure to comply with this
provision may result in City, at its sole discretion and without notice, purchasing insurance at
Contractor’s expense, deducting the costs from Contractor’s compensation, or terminating the
Contract.
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) The following provisions apply to contracts of $1,000 or more:
(i) In General. For purposes of California labor law, this is a public works
contract subject to the provisions of Part 7 of Division 2 of the California Labor
Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771,
Contractor and all subcontractors shall pay not less than current prevailing
wage rates as determined by the California Department of Industrial Relations
(“DIR”) to all workers employed on this project. In accordance with Labor
Code Section 1815, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ the basic rate of pay for work performed in excess
specified hour limitations. The work performed pursuant to this Contract is
subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
(ii) Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and
qualified to perform public work pursuant to section 1725.5 of the California
Labor Code. Contractor represents and warrants that it is registered and
qualified to perform public work pursuant to section 1725.5 of the Labor Code
and will provide its DIR registration number, along with the registration
numbers of any subcontractors as required, to the City.
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(iii) Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices
that are required by regulations of the DIR.
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish
the payroll records directly to the Labor Commissioner in accordance with the
law.
(v) Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of
worker needed, a copy of which is on file at the City of Cupertino City Hall,
and shall be made available to any interested party upon request.
(vi) Employment of Apprentices. Contractor’s attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the
employment of apprentices by the Contractor or any subcontractor. It shall be
the responsibility of the Contractor to effectuate compliance on the part of itself
and any subcontractors with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards,
wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its
branch offices.
(vii) Penalties. Contractor’s attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775,
Contractor and subcontractors may be subject to penalties for Contractor’s
and subcontractors’ failure to pay prevailing wage rates. In accordance with
Labor Code Section 1813, Contractor or subcontractors may be subject to
penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates
for hours worked by workers employed on this project in excess specified
hour limitations.
(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 the provisions of Section 3700 of the Labor Code which require 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 of 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.
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Public Works Contract / October 2021
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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.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
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 nor do they 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 Title 2 of the California Code of Regulations. Contractor agrees to abide by City
rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Contract. City reserves all
rights and remedies under the law and this Contract, including seeking indemnification.
14. BONDS
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated
here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating
from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety
cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety
acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to
do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense,
deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the
Contract nor issue the NTP until the required bonds are submitted.
15. UTILITIES, TRENCHING, AND EXCAVATION
15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking
of utility locations before digging or commencing Work. For underground service alerts for street
lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-3269.
Government Code Section 4215 requires Contractor to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in
writing, and wait for instructions if one of the conditions below is found at the worksite. City will
work with Contractor to amend the Contract or issue a change order if the discovered conditions
materially change the Work/Performance, Contract Time or Contract Price.
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Public Works Contract / October 2021
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(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
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as
inherent in the character of the Work.
15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in
depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior
to commencing work. The plan must show the design of shoring, bracing, sloping, and other
provisions for worker protection from caving ground and other hazards. The protective system must
comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must
be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning
storm water management. Contractor must avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control, Contractor will use only
the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep
wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will
implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and
maintain these controls based on weather conditions or as otherwise required by City. These controls
must be in place during the entire Contract Time and must be removed at the end of construction and
completion of the Work. Such controls must include, but will not be limited to, the following
requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or
vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all
construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work
day and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks,
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.
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Public Works Contract / October 2021
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17. PROJECT COORDINATION
City Project Manager. City assigns Ty Bloomquist 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 Cory Graham 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 ten percent (10%) of the total time expended in performing
the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid
for satisfactory Work rendered through the termination date and will be given reasonable time to close
out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work, products and deliverables completed. Nothing in the Section below is intended
to delay, abridge or bar City’s right under this Section.
19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, et seq., 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.
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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.
24. 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.
25. 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 there is any inconsistency between
any term, clause, or provision of the main Contract and any term, clause, or provision of the
attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTIAL 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.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all provisions regarding warranties, indemnities, payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
ends.
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28. 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.
29. 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.
30. 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.
31. 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 (5th) 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:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
cc: Representative/Coordinator:
Ty Bloomquist
Email: TyB@cupertino.org
To Contractor:
Harry L Murphy, Inc.
42 Bonaventura Drive
San Jose, CA 95134
cc: Representative/Coordinator:
Cory Graham
Email: corey@harrylmurphy.com
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.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution
Date first above written.
CITY OF CUPERTINO
a Municipal Corporation
By: __________________________________
Title: ________________________________
Signature Date: _________________________
HARRY L MURPHY, INC.
By: __________________________________
Title: ________________________________
Signature Date: _________________________
APPROVED AS TO FORM:
By:
CHRISTOPHER D. JENSEN
City Attorney
ATTEST:
By:
KIRSTEN SQUARCIA
City Clerk
Date:
President & CEO
Aug 11, 2022
Christopher D. Jensen
Director of Public Works
Aug 16, 2022
Aug 16, 2022
DATE SALES PERSON
4/19/2022 Corey Graham
Company:Project Name:
Address:Address:
Attn: Project Contact:
Phone #Phone Number:
Email:
SECTIONS:ADDENDA:
Item Amounts Break Down (If Required)
48,800.00$
Omnia Contract
Demo 4,331 Sq. Ft.
Prep 4,331 Sq. Ft.
Carpet Tile 4,331 Sq. Ft.
Rubber Base 6 Boxes
Rooms 1-5 Approx 123 Sq.Ft.Each $1,500 Each
Room 6 514 Sq. Ft.2,000.00$
Please call or email with any questions or concerns!BASE PRICE 48,800.00$
Inclusions:
Exclusions :
Note:
Same Scope as above
UNION SHOP * BONDABLE PRICES * PRICE GOOD FOR 60 DAYS * APPRENTICESHIP TRAINING
you a picture of the moisture content at the time of the test. Harry L. Murphy, Inc. is not responsible for any failures due to moisture.
OUR CARPET AND RUBBER RECYCLING PROGRAM PROMOTES AWARENESS TO OUR ENVIRONMENTAL RESPONSIBILITY!
Concrete moisture testing is not included in this price. Costs for Relative Humidity and/or Calcium Chloride Tests are charged at $100 per test.
Neither relative humidity nor calcium chloride test will not predict any future occurrence of moisture activity in the concrete, but will only give
We propose to remove and dispose of existing carpets and rubber base, minimal prep of substrate, then furnish and install Carpet Tile and Rubber Base
Any overtime or premium hours; demolition of existing flooring; excessive preparation work (floating, leveling, grinding, etc.); concrete vapor control,
final sealing, waxing, protection and cleaning. and any phasing of the project outside that specified in the contract documents.
Remove and dispose of existing carpet and rubber base
Minimal prep to ensure flush surfaces of new and old carpet.
Furnish and Install Milliken Form work - FWK25
Furnish and install Roppe 4" Rubber Cove Base - Charcoal
ADD ALTERNATES
SCOPE OF WORK
Description
Signature: ______________________________
By signing this proposal the owner/owners' representative agrees to all terms and conditions set forth by this contract.
Date: __________________________________
When the Owner/Owners Representative signs this proposal it will be treated as a binding contract. Only after Harry L. Murphy, Inc. receives a copy of
this signed document will the process of submittals and ordering of material proceed. By signing this proposal, the owner/owners representative agrees
to invoice terms of NET 30 DAYS.
Authorization of the proposal:
Minimal prep (light sweeping, fill hairline cracks), install weekday hours (M-F 5:00am - 5:00pm).
Same scope as a bove
Contract #2020002150 for material costs
Ken
CONTRACTORS LICENSE # C-15 145985
CUSTOMER PROJECT
Kent@Cupertino.org
NEW DIR # 1000004204 Exp. 6/30/2022
Proposal
City of Cupertino
(408) 613-0510
Ken Tanase
(408) 613-0510
City Hall Basement
10800 Torre Ave, Cupertino, CA 95014
EST. 1947
42 Bonaventura Dr. San Jose, Ca. 95134 Ph. 408.955.1100 Fax 408.955.1111
EXHIBIT A
NOTE: $11,200 has been
added to the Base Quote for
Add Alternates, unforeseen
work, or bond costs.
EXHIBIT A
ADD ALTERNATE MAP
No Scale
Insurance Requirements for Construction Contracts Version: Oct. 2021
1
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
“occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 per 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.
☐ 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.
☒ N/A if box checked (Contract is not design/build)..
5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with
limits equal to the completed value of the project and no coinsurance penalty provisions.
PUBLIC WORKS CONSTRUCTION CONTRACTS
Small Projects – $200,000 or less
Insurance Requirements: Exhibit B
Insurance Requirements for Construction Contracts Version: Oct. 2021
2
☒ N/A if box checked (Project does not involve construction or improvements/installations to property).
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.
☒ N/A if box checked (Project does not involve environmental hazards)
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies 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 01 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 policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder’s Risk
Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting
in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property
Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
Insurance Requirements for Construction Contracts Version: Oct. 2021
3
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.
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each
insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a
sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance
Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond
equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety,
authorized to issue such bonds in the State of California and secured through an authorized agent with an office in
California.
Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
{AB
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1
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
03/02/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
PRODUCER
Aon Risk Services Central, Inc.
Chicago IL Office
200 East Randolph
Chicago IL 60601 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 16535Zurich American Ins CoINSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
FAX
(A/C. No.):(800) 363-0105
CONTACT
NAME:
Harry L Murphy
PO Box 641597
Attn Randy Wadley
San Jose CA 95164 USA
COVERAGES CERTIFICATE NUMBER:570091842801 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.Limits shown are as requested
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL
INSD POLICY NUMBER TYPE OF INSURANCE LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$500,000
$10,000
$2,000,000
$4,000,000
$4,000,000
$5,000SIR/Deductible
A 04/01/2022 04/01/2023GLO302949903
PRO-
JECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
X X
BODILY INJURY (Per accident)
$5,000,000A04/01/2022 04/01/2023 COMBINED SINGLE LIMIT
(Ea accident)
BAP - 3029500-03
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-
ER
PER STATUTEA04/01/2022 04/01/2023
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?N / AN
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
WC302949803
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Cupertino, its, City Council, officers, officials, employees, agents, servants and volunteers are included as
Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies.
General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional
Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of Certificate
Holder in accordance with the policy provisions of the Workers' Compensation policy.
CANCELLATIONCERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVECity of Cupertino
Attn: Kent
10300 Torre Avenue
Cupertino CA 95014 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
U-CA-424-G VA (10/18)
Page 1 of 6
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INTERNALUSEONLY
Coverage Extension Endorsement – Virginia
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. Effective Date:
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured
1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage:
The following are also "insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts
performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating
an “auto” hired or rented under a contract or agreement in that “employee’s” name, with your permission, while
performing duties related to the conduct of your business.
b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow
to transport your clients or other persons in activities necessary to your business.
c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement.
d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract
or written agreement with you executed prior to any "accident", including those person(s) or organization(s)
directing your work pursuant to such written contract or written agreement with you, provided the "accident"
arises out of operations governed by such contract or agreement up to the Limits of Insurance shown in the
Declarations.
2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other
Insurance – Primary and Excess Insurance Provisions condition in the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by written contract or written agreement with you
executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained
by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond
the terms and conditions of the Coverage Form.
B. Amendment – Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage
are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an
"accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day
because of time off from work.
BAP 3029500-03 4/1/2022
U-CA-424-G VA (10/18)
Page 2 of 6
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INTERNALUSEONLY
C. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
2. The following is added to Paragraph 2. in the Exclusions of Section III – Physical Damage Coverage of the
Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV – Physical Damage Coverage
of the Motor Carrier Coverage Form:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not
limited to, auto or truck rodeos and other auto or truck agility demonstrations.
D. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered
"auto", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and
b. Any:
(1) Overdue lease or loan payments at the time of the "loss";
(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the
loan or lease; and
(5) Carry-over balances from previous leases or loans.
E. Extended Glass Coverage
The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and
is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired
rather than replaced.
F. Hired Auto Physical Damage – Increased Loss of Use Expenses
The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the
following:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for
loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for
loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered
"auto";
(2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for
any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".
However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3,000.
U-CA-424-G VA (10/18)
Page 3 of 6
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INTERNALUSEONLY
G. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
(1) Personal property owned by an "insured"; and
(2) In a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1) The reasonable cost to replace; or
(2) The actual cash value.
c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto".
No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following:
(1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other
documents of value.
(2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious
or semi-precious stones.
(3) Paintings, statuary and other works of art.
(4) Contraband or property in the course of illegal transportation or trade.
(5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".
H. Tapes, Records and Discs Coverage
1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage
Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier
Coverage Form does not apply.
2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical
Damage Coverage Section:
We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic
equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
(a) Are the property of an "insured"; and
(b) Are in a covered "auto" at the time of "loss".
The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage
Coverage Deductible Provision does not apply to such "loss".
I. Airbag Coverage
The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form
and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage
Form does not apply to the accidental discharge of an airbag.
J. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you
by us, the following applies for each covered "auto" on a per vehicle basis:
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1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or
2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the
amount of the smaller (or smallest) deductible.
K. Temporary Substitute Autos – Physical Damage
1. The following is added to Section I – Covered Autos:
Temporary Substitute Autos – Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following
types of vehicles are also covered "autos" for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered
"auto" you do own but is out of service because of its:
1. Breakdown;
2. Repair;
3. Servicing;
4. "Loss"; or
5. Destruction.
2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:
Temporary Substitute Autos – Physical Damage
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or
omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other
party.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it
replaces.
L. Amended Duties In The Event Of Accident, Claim, Suit Or Loss
Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of
the "accident" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to
you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company)
or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or
employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance
afforded by this policy.
Include, as soon as practicable:
(1) How, when and where the "accident" or "loss" occurred;
(2) The "insured’s" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure
to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as
practicable after the fact of the delay becomes known to you.
M. Waiver of Transfer Of Rights Of Recovery Against Others To Us
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or
"loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only
applies to the person or organization designated in the contract.
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N. Employee Hired Autos – Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other
Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced
by the following:
For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and
(2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or
elected or appointed official with your permission while being operated within the course and scope of that
"employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you.
However, any "auto" that is leased, hired, rented or borrowed with a driver is deemed to be a covered "auto" you don't
own.
O. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:
However, we will not deny coverage under this Coverage Form if you unintentionally:
(1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or
(2) Make an error, omission, improper description of "autos" or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided
to us prior to the acceptance of this policy.
P. Hired Auto – World Wide Coverage
Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
(5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less,
Q. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish,
resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
R. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II –Covered Autos Liability
Coverage is replaced by the following:
Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not
apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
S. Physical Damage – Additional Temporary Transportation Expense Coverage
Paragraph A.4.a. of the Physical Damage Coverage Section is replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you
because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered
"autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for
temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending,
regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss".
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T. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto
The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:
In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or
"auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of
the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum
of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source
within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement.
To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of
propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas,
either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be
powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by
biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.
U. Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:
If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only
for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.
All other terms, conditions, provisions and exclusions of this policy remain the same.
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Additional Insured – Automatic – Owners, Lessees Or
Contractors
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. Effective Date:
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured under a written contract or written agreement executed by you, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the
following:
1. If such written contract or written agreement specifically requires that you provide that the person or organization
be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or
b. The ISO CG 20 37 (10/01 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent
that "bodily injury", "property damage" or "personal and advertising injury" arises out of:
(1) Your ongoing operations, with respect to Paragraph 1.a. above; or
(2) "Your work", with respect to Paragraph 1.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 1., insurance afforded to such additional insured:
(a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs
during the policy period and subsequent to your execution of the written contract or written agreement;
and
(b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the
"products-completed operations hazard" unless the written contract or written agreement specifically
requires that you provide such coverage to such additional insured.
2. If such written contract or written agreement specifically requires that you provide that the person or organization
be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or
b. The ISO CG 20 37 (07/04 edition),
such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent
that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf,
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in the performance of:
(a) Your ongoing operations, with respect to Paragraph 2.a. above; or
(b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph
2.b. above,
which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 2., insurance afforded to such additional insured:
(i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense
occurs during the policy period and subsequent to your execution of the written contract or written
agreement; and
(ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within
the "products-completed operations hazard" unless the written contract or written agreement
specifically requires that you provide such coverage to such additional insured.
3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that
you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or
b. With respect to ongoing operations (if no form is specified),
such person or organization is then an additional insured only to the extent that "bodily injury", "property damage"
or "personal and advertising injury" is 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, which is the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 3., insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
(b) Will not be broader than that which you are required by the written contract or written agreement to
provide for such additional insured; and
(c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs
during the policy period and subsequent to your execution of the written contract or written agreement.
4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that
you provide that the person or organization be named as an additional insured:
a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or
b. With respect to the "products-completed operations hazard" (if no form is specified),
such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage"
is caused, in whole or in part by "your work" and included in the "products-completed operations hazard", which is
the subject of the written contract or written agreement.
However, solely with respect to this Paragraph 4., insurance afforded to such additional insured:
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the written contract or written agreement to provide
for such additional insured;
(3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to
your execution of the written contract or written agreement; and
(4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the
"products-completed operations hazard" unless the written contract or written agreement specifically
requires that you provide such coverage to such additional insured.
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B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement,
the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of
the rendering of, or failure to render, any professional architectural, engineering or surveying services including:
1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,
hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury"
or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or
the failure to render any professional architectural, engineering or surveying services.
C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The
Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions:
The additional insured must see to it that:
(1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim;
(2) We receive written notice of a claim or "suit" as soon as practicable; and
(3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written
agreement requires that this coverage be primary and non-contributory.
D. Solely with respect to the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV – Commercial General Liability
Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
a. The additional insured is a Named Insured under such other insurance; and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV –
Commercial General Liability Conditions:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
insured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any
policy in which the additional insured is a Named Insured on such other policy and where our policy is required
by a written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis.
E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an
endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies
specifically to that identified additional insured.
F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this
endorsement, the following is added to Section III – Limits Of Insurance:
Additional Insured – Automatic – Owners, Lessees Or Contractors Limit
The most we will pay on behalf of the additional insured is the amount of insurance:
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1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or
2. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms, conditions, provisions and exclusions of this policy remain the same.
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General Liability Extended Coverages
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. Effective Date:
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The following changes apply to this Coverage Part.
A. Fellow Employee And Incidental Medical Malpractice Coverage
Paragraph 2.a.(1) of Section II – Who Is An Insured is replaced by the following:
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your
"employees", other than either your "executive officers" (if you are an organization other than a partnership,
joint venture or limited liability company) or your managers (if you are a limited liability company), but only for
acts within the scope of their employment by you or while performing duties related to the conduct of your
business. However, none of these "employees" or "volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if
you are a limited liability company);
(b) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in Paragraph (1)(a) above; or
(c) Arising out of his or her providing or failing to provide professional health care services, except any
"bodily injury" or "personal and advertising injury" arising out of:
(1) Medical or paramedical services to persons performed by any physician, dentist, nurse,
emergency medical technician, paramedic or other licensed medical care person employed by
you to provide such services; or
(2) Emergency cardiopulmonary resuscitation (CPR) or first aid services performed by any other
employee of yours who is not a licensed medical professional.
B. Additional Insureds– Lessees Of Premises
1. Section II – Who Is An Insured is amended to include as an additional insured any person or organization who
leases or rents a part of the premises you own or manage who you are required to add as an additional insured
on this policy under a written contract or written agreement, but only with respect to liability arising out of your
ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or
occupancy of such person or organization or any other tenant or lessee.
However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law;
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b. Will not be broader than that which you are required by the written contract or written agreement to provide for
such additional insured; and
c. Ends when the person or organization ceases to lease or rent premises from you.
2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to
Section III – Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph B.1. above (of this
endorsement); or
b. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph B. shall not increase the applicable Limits of Insurance shown in the Declarations.
C. Additional Insured – Vendors
1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property
damage" included in the "products-completed operations hazard":
Section II – Who Is An Insured is amended to include as an additional insured any person or organization
(referred to throughout this Paragraph C. as vendor) who you have agreed in a written contract or written
agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property
damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's
business.
However, the insurance afforded to such vendor:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written agreement to provide for
such vendor.
2. With respect to the insurance afforded to these vendors, the following additional exclusions apply:
a. The insurance afforded the vendor does not apply to:
(1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
(2) Any express warranty unauthorized by you;
(3) Any physical or chemical change in the product made intentionally by the vendor;
(4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or sale
of the products;
(6) Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
(7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor; or
(8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not
apply to:
(a) The exceptions contained in Subparagraphs (4) or (6) above; or
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(b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
b. This insurance does not apply to any insured person or organization from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage
Part.
3. With respect to the insurance afforded to these vendors under this Paragraph C., the following is added to Section
III – Limits Of Insurance:
The most we will pay on behalf of the vendor is the amount of insurance:
a. Required by the written contract or written agreement referenced in Subparagraph C.1. above (of this
endorsement); or
b. Available under the applicable Limits of Insurance shown in the Declarations,
whichever is less.
This Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations.
D. Damage to Premises Rented or Occupied by You
1. The last paragraph under Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property
Damage Liability is replaced by the following:
Exclusions c. through n. do not apply to damage by fire; lightning; explosion; windstorm or hail; smoke; aircraft or
vehicles; vandalism; weight of snow, ice or sleet; leakage from fire extinguishing equipment, including sprinklers;
or accidental discharge or leakage of water or steam from any part of a system or appliance containing water or
steam to premises while rented to you or temporarily occupied by you with permission of the owner. A separate
Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III –
Limits Of Insurance.
2. Paragraph 6. of Section III – Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under
Coverage A for damages because of "property damage" to any one premises while rented to you, or in the
case of damage by one or more covered perils to any one premises, while rented to you or temporarily
occupied by you with permission of the owner.
E. Limited Contractual Liability Coverage – Personal and Advertising Injury
1. Exclusion e. of Section I – Coverage B – Personal And Advertising Injury Liability is replaced by the following:
2. Exclusions
This insurance does not apply to:
e. Contractual Liability
"Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.
This exclusion does not apply to:
(1) Liability for damages that the insured would have in the absence of the contract or agreement; or
(2) Liability for "personal and advertising injury" if:
(a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or
imprisonment;
(b) The liability pertains to your business and is assumed in a written contract or written agreement in
which you assume the tort liability of another. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement; and
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(c) The "personal and advertising injury" occurs subsequent to the execution of the written contract
or written agreement.
Solely for purposes of liability so assumed in such written contract or written agreement, reasonable
attorney fees and necessary litigation expenses incurred by or for a party other than an insured are
deemed to be damages because of "personal and advertising injury" described in Paragraph (a)
above, provided:
(i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the
same written contract or written agreement; and
(ii) Such attorney fees and litigation expenses are for defense of that party against a civil or
alternative dispute resolution proceeding in which damages to which this insurance applies are
alleged.
2. Paragraph 2.d. of Section I – Supplementary Payments – Coverages A and B is replaced by the following:
d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no
conflict appears to exist between the interests of the insured and the interests of the indemnitee.
3. The following is added to the paragraph directly following Paragraph 2.f. of Section I – Supplementary
Payments – Coverages A and B:
Notwithstanding the provisions of Paragraph 2.e.(2) of Section I – Coverage B – Personal And Advertising
Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will
not reduce the limits of insurance.
F. Medical Payments – Increased Reporting Period
Paragraph 1.a. of Section I – Coverage C – Medical Payments is replaced by the following;
a. We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(a) The accident takes place in the "coverage territory" and during the policy period;
(b) The expenses are incurred and reported to us within three years of the date of the accident; and
(c) The injured person submits to examination, at our expense, by physicians of our choice as often as we
reasonably require.
G. Supplementary Payments
The following changes apply to Supplementary Payments – Coverages A and B:
Paragraphs 1.b. and 1.d. are replaced by the following:
b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the
claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
H. Broadened Property Damage
1. Elevator Property Damage
a. The following is added to Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage
Liability:
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an
elevator at premises you own, rent or occupy.
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b. The following is added to Section III – Limits Of Insurance:
Subject to Paragraphs 2., 3. and 5. above, the most we will pay under Coverage A for damages because of
"property damage" to property loaned to you or personal property in the care, custody or control of the insured
arising out of the use of an elevator at premises you own, rent or occupy is $25,000 any one "occurrence".
2. Property Damage To Borrowed Equipment
a. The following is added to Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage
Liability:
Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a
jobsite.
b. The following is added to Section III – Limits Of Insurance:
Subject to Paragraphs 2., 3. and 5. above, the most we will pay under Coverage A for damages because of
"property damage" to equipment you borrow from others at a jobsite is $25,000 any one "occurrence".
I. Expected or Intended Injury or Damage
Exclusion a. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following:
a. Expected Or Intended Injury Or Damage
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does
not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or
property.
J. Definition – Bodily Injury
The "bodily injury" definition under the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease sustained by a person. This includes mental anguish, mental
injury, shock, fright or death sustained by a person which results from that bodily injury, sickness or disease.
K. Insured Status – Amateur Athletic Participants
Section II – Who Is An Insured is amended to include as an insured any person you sponsor while participating in
amateur athletic activities. However, no such person is an insured for:
a. "Bodily injury" to:
(1) Your "employee", "volunteer worker" or any person you sponsor while participating in such amateur athletic
activities; or
(2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited
liability company) while participating in such amateur athletic activities; or
b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or
over which the physical control is being exercised for any purpose by:
(1) Your "employee", "volunteer worker" or any person you sponsor; or
(2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited
liability company).
L. Aircraft, Auto Or Watercraft
Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following:
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused
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the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any
aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a charge;
(3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by
or rented or loaned to you or the insured;
(4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft;
or
(5) "Bodily injury" or "property damage" arising out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify
under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility
law or other motor vehicle insurance law where it is licensed or principally garaged; or
(b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of
"mobile equipment".
M. Definitions – Leased Worker, Temporary Worker and Labor Leasing Firm
1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the
following:
"Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you
and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not
include a "temporary worker".
"Temporary worker" means a person who is furnished to you to support or supplement your work force during
"employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short-
term workload conditions. "Temporary worker" does not include a "leased worker".
2. The following definition is added to the Definitions Section:
"Labor leasing firm" means any person or organization who hires out workers to others, including any:
a. Employment agency, contractor or services;
b. Professional employer organization; or
c. Temporary help service.
N. Definitions – Your Product and Your Work
The "your product" and "your work" definitions under the Definitions Section are replaced by the following:
"Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and
(2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or
products.
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b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance,
use, handling, maintenance, operation or safety of "your product"; and
(2) The providing of or failure to provide warnings or instructions.
c. Does not include vending machines or other property rented to or located for the use of others but not sold.
"Your work":
a. Means:
(1) Work, services or operations performed by you or on your behalf; and
(2) Materials, parts or equipment furnished in connection with such work, services or operations.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance,
use, handling, maintenance, operation or safety of "your work"; and
(2) The providing of or failure to provide warnings or instructions.
O. Duties in the Event of Occurrence, Offense, Claim or Suit Condition
The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
of Section IV – Commercial General Liability Conditions:
Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit"
shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been
reported to any insured listed under Paragraph 1. of Section II – Who Is An Insured or an "employee" authorized by
you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does
not imply that you also have such knowledge.
In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and
this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to
report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this condition.
You must, however, give us notice as soon as practicable after being made aware that the particular claim is a
General Liability rather than a Workers Compensation claim.
P. Other Insurance Condition
Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV – Commercial General Liability
Conditions are replaced by the following:
4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of
this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our
obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that
other insurance by the method described in Paragraph c. below. However, this insurance is also primary to
and will not seek contribution from any other insurance available to an additional insured provided that:
(1) The additional insured is a Named Insured under such other insurance; and
(2) You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
Other insurance includes any type of self insurance or other mechanism by which an insured arranges for
funding of its legal liabilities.
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b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work";
(ii) That is property insurance purchased by you (including any deductible or self insurance portion
thereof) to cover premises rented to you or temporarily occupied by you with permission of the
owner;
(iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to
cover your liability as a tenant for "property damage" to premises rented to you or temporarily
occupied by you with permission of the owner;
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not
subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage
Liability; or
(v) That is property insurance (including any deductible or self insurance portion thereof) purchased
by you to cover damage to:
i Equipment you borrow from others at a jobsite; or
ii Property loaned to you or personal property in the care, custody or control of the insured
arising out of the use of an elevator at premises you own, rent or occupy.
(b) Any other primary insurance (including any deductible or self insurance portion thereof) available to
the insured covering liability for damages arising out of the premises, operations, products, work or
services for which the insured has been granted additional insured status either by policy provision or
attachment of any endorsement. Other primary insurance includes any type of self insurance or other
mechanism by which an insured arranges for funding of its legal liabilities.
(c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an
additional insured, in which the additional insured on our policy is also covered as an additional
insured on another policy providing coverage for the same "occurrence", claim or "suit". This
provision does not apply to any policy in which the additional insured is a Named Insured on such
other policy and where our policy is required by written contract or written agreement to provide
coverage to the additional insured on a primary and non-contributory basis.
Q. Unintentional Failure to Disclose All Hazards
Condition 6. Representations of Section IV – Commercial General Liability Conditions is replaced by the
following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
Coverage will continue to apply if you unintentionally:
i. Fail to disclose all hazards existing at the inception of this policy; or
ii. Make an error, omission or improper description of premises or other statement of information stated in this
policy.
You must notify us in writing as soon as possible after the discovery of any hazards or any other information that
was not provided to us prior to inception of this Coverage Part.
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R. Transfer Of Rights Of Recovery Against Others To Us / Waiver of Right of Subrogation
Condition 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability
Conditions is renamed and replaced by the following:
8. Transfer Of Rights Of Recovery Against Others To Us / Waiver of Right of Subrogation
a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those
rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the
insured will bring "suit" or transfer those rights to us and help us enforce them.
b. If the insured waives its right to recover payments for injury or damage from another person or organization in
a written contract executed prior to a loss, we waive any right of recovery we may have against such person
or organization because of any payment we have made under this Coverage Part. The written contract will
be considered executed when the insured's performance begins or when it is signed, whichever happens first.
This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the
insured has no contractual interest.
S. Liberalization Condition
The following condition is added to Section IV – Commercial General Liability Conditions:
Liberalization Clause
If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically
provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your
policy.
All other terms, conditions, provisions and exclusions of this policy remain the same.
WC124 (4-84) Page 1 of 1
WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of
rights from us.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured Premium $
Insurance Company Countersigned by
WC302949803
Zurich American Ins Co
Harry L Murphy
4/1/2022
Harry L Murphy for City Hall Carpet
Replacement Lower Level
Final Audit Report 2022-08-16
Created:2022-08-09
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA5usrg8svpdeYZ-wdcrSlyG4Y8xwY0CxI
"Harry L Murphy for City Hall Carpet Replacement Lower Level"
History
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