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17-073 Ecological Concerns, Work on Stevens Creek Corridor Phase 2 Bank Repair ProjectRECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 23735595 Regina Alcomendras Santa Clara County -Clerk-Recorder 08/23/2017 12:41 PM Pages: 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: Stevens Creek Corridor Phase 2 Bank Repair Project k:f Original 0 For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated August 23, 2017 for CITY PROJECT NAME: Stevens Creek Corridor Phase 2 Bank Repair Project and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on August 23, 2017 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: August 23, 2017 Lauren Sapudar Senior Office Assistant C UPERTINO Recording Requested By : When Recorded Mail To : City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code§§ 8182 , 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the project described below. 2 . Owner 's full name is: City of Cupertino , California. 3 . Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014 . 4 . The nature of owner's interest in the project is: _ Fee Ownership Lessee _X_ Other: Right-of-Way 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: Stevens Creek Corridor Phase 2 Bank Repair Project 6. The name of the original contractor for the project is: Ecological Concerns , Inc. 7. The project was completed on: June 13, 2017 8 . The project is located at: Stevens Creek's east bank along the golf course in Cupertino, CA. Verification: In signing this document, I, the undersigned , declare under penalty of perjury under the laws of the State of California that I have read this notice , and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. e/t'?/11 ; Santa Clara County ....,,.~c:.._~~.L-.;.. :::::::::...-4----====----- Date and Place ~ Timm Borden Director of Public Works and City Engineer CITY OF CUPERTINO CONTRACT ;v JJ;- Project No. w ,-::,.,.~~c.f For Public Works Projects of $45,000 or Less This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Ecological Concerns, Inc., a corporation ("Contractor"), pursuant to Public Contract Code Section 22032, for work on the Stevens Creek Corridor Phase 2 Bank Repair Project ("Project"). 1. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Attachment A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2. TIME FOR COMPLETION The City Engineer will not issue Contractor a written notice to proceed ("NTP") with the Work for the Project until the Contract is fully executed by both parties and City has received all insurance documentation pursuant to Section 13 below and any required bonds, if applicable, pursuant to Section 14 below. Contractor must fully complete the Work within fifteen working days from the commencement date given in the NTP ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time. 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, performed in full compliance with this Contract, City will pay Contractor $44,750.00 ("Contract Price"). Contractor must submit an invoice on the first day of each month during the Contract Time for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred . City will pay Contractor 95% of the undisputed amount(s) billed, within 30 days after City's receipt of each properly submitted invoice. Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. Payment and performance bonds are required for this Contract if the Contract Price is $25,000 or more. Public Works Contract May 2017 Page 1 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ 4. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $500.00 per day for each day of unexcused delay in completion. The liquidated damages amount is based on the reasonably foreseeable consequences of delay, which may include actual costs incurred by City due to the delay as well as intangible damages, including loss of or interference with use of public property or inconvenience to the public. Unavoidable delay caused by unanticipated events or circumstances which are entirely outside of Contractor's control may be excused, provided Contractor gives City prompt written notice of any such delay, but excused delay will not entitle Contractor to additional compensation, subject to the limits of Public Contract Code Section 7102. City may deduct liquidated damages from payment due or to become due to Contractor under this Contract. 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): C-27. Contractor must also obtain a City business license before beginning Work on the Project. Contractor is solely responsible for obtaining any required building permits or similar governmental authorizations for the Work, at Contractor's sole expense. 6. LABOR CODE COMPLIANCE Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at Section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations ("DIR") pursuant to Labor Code Section 1725.5, and Contractor and any subcontractors must be registered with the DIR to perform public works projects. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. A. Prevailing Wages. The Contract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft, classification or type of worker needed to perform the Work, including-but not limited to employer payments for health and welfare, pension, vacation, and apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. Public Works Contract May 2017 Page 2 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ B. Working Day. Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code Section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Attachment A or authorized in writing by City. C. Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811 and 1815. Contractor must submit certified payroll records to the Labor Commissioner as required under California law and regulations. D. Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5. E. Workers' Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code Section 3700 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 performance of the Work on this Contract." 7. AMENDMENTS AND CHANGE ORDERS The provisions of this Contract may not be modified except by a written amendment or change order that is duly authorized and executed by both City and Contractor. Any Contractor request for a change order must be submitted in writing, specifically identifying the proposed change to the Contract and the Work, and the proposed adjustment, if any, to the Contract Price or the Contract Time. Each such request must be accompanied by all substantiating documentation, including, but not limited to, the drawings, detailed cost estimates, and schedule analysis for the change order. 8. STANDARDS AND COMPLIANCE Contractor will use its best efforts to complete the Work in a professional Public Works Contract May 2017 Page 3 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ and expeditious manner, in compliance with this Contract and all applicable permit requirements. Contractor's workmanship must meet or exceed all applicable standards and must comply with all applicable local, state, and federal laws, regulations, rules, and requirements, including City ordinances. By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. 9. INDEPENDENT CONTRACTOR City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 10. IMMIGRATION REFORM AND CONTROL ACT ("IRCA") Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors performing the Work, pursuant to the IRCA or similar federal or state rules and regulations governing employment of immigrants. Contractor must indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from Contractor's failure to comply with this section. 11. NON-DISCRIMINATION Discrimination against any prospective or present employee of Contractor because of race, color, ancestry national origin, ethnicity, religion, sex, sexual orientation, age, disability or marital status is strictly prohibited. Contractor, its employees and its subcontractors, must comply with all applicable local, state and federal nondiscrimination laws, including but not limited to the California Fair Employment and Housing Act, Government Code Section 11135 and Labor Code Sections 1735 and 3077.5. Any violation of this section constitutes a material breach of this Contract. 12-:-INDEMNITY To the fullest extent allowed by law, Contractor must indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers (individually, an "lndemnitee," and collectively, the "lndemnitees") from and against any and all liability, claims, stop notices, actions, causes of action, demands, losses, damages, and expenses (including legal expenses) whatsoever, including liability Public Works Contract May 2017 Page4 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ arising from an injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Contract or the Work (collectively, "Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the active negligence, sole negligence, or willful misconduct of an lndemnitee(s). Contractor's failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon City's receipt of any third-party claim relating to the Contract, as required by Public Contract Code Section 9201 . No lndemnitee will be personally liable to Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers' compensation laws or other employee benefit statutes, or by the insurance coverage or bond limits required under this Contract, and will survive the expiration or any early termination of the Contract. 13. IN S URA NCE Contractor must maintain the insurance coverage required in this section through the date of City's acceptance of the Work. The coverage must include the policy types and limits specified below, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor's performance under the Contract. City will not execute the Contract and issue the NTP until Contractor has submitted to City satisfactory certificates of insurance and endorsements, evidencing the type, amount, class of operations covered, and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies 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. If Contractor fails to provide or maintain any of the required insurance coverage, City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. A. Required Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Attachment A: (1) Commercial General Liability ("CGL'? Insurance: The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for Public Works Contract May 2017 Page 5 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ liability arising from Contractor's or its subcontractor's acts or omissions in the performance of the Work, including contractor's protected coverage, blanket contractual, completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. The CGL policy must protect against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract. (2) Comprehensive Automobile Liability Insurance: The automobile liability policy must be issued on an occurrence basis, with limits of at least $1 ,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of $1,000,000 per occurrence, covering owned, non - owned and hired automobiles . (3) Workers ' Compensation Insurance and Employer's Liability Insurance: The workers' compensation and employer's liability policy or policies must comply with the requirements of the California Workers' Compensation Insurance and Safety Act, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. B . Builder's Risk Insurance. Contractor must provide builder's risk insurance only if the box below is checked. D Builder's Risk coverage is required for this Contact. The builder's risk policy must be issued for course of construction on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, and name the City as a loss payee as its interest may appear. If the Project does-not involve new or major reconstruction, the City may elect, acting in its sole discretion, to accept an installation floater policy instead of builder's risk. The installation floater policy must provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work , including during transit, installation , and testing at the City's site. Public Works Contract May 2017 Page 6 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ C. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section, except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. D. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies 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. E. 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. F. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk or installation floater policy, if required, must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. G.-F-orms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy, using a form and format acceptable to City. H. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project, including those requirements related to the naming of additional insureds and waivers of subrogation. Public Works Contract May 2017 Page 7 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ 14 . BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract under Attachment B, Bond Forms. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City, within seven calendar days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City's prior written consent. The terms and conditions of this Contract are binding on Contractor's heirs, successors, and assignees. 16. SUBCONTRACTORS Contractor may use qualified, competent subcontractors to perform up to 25% of the Work under this Contract, provided each subcontract expressly requires the subcontractor to be bound by the provisions of this Contract, including, but not limited to, the indemnity and insurance requirements. City reserves the right to reject any subcontractor of any tier, and to bar a subcontractor from performing further Work on the Project, if City, acting in its sole discretion, determines that the subcontractor's performance or failure to perform does not meet the requirements of this Contract, or for any of the reasons set forth in Public Contract Code Section 4107. If City rejects a subcontractor pursuant to this section, Contractor must either self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City, at no additional cost to City. 17 . UTILITIES, TRENCHING AND EXCAVATION A. Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging. For underground service alerts for City street lighting and traffic signal conduits, Contractor must also, before commencing any Work, call the City of Cupertino Service Center at (408) 777-3269. Public Works Contract May 2017 Page 8 Stevens Creek Phase 2 Bank Repair Project Project No . __ _ B. As required by Government Code Section 4215, if, while performing the Work, Contractor discovers utilities or utility facilities not identified by City, Contractor must immediately provide written notice to City and to each known utility. C. As required by Government Code Section 7104, Contractor must promptly notify City in writing if Contractor finds any of the three conditions listed below, and wait for further direction from City before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or more of the following three conditions is or are present and that the presenters of any such condition will cause a decrease or increase in Contractor's cost of or time required for performance of the Work, City will amend the Contract Time or Contract Price for the Work as required by law: (1) Material that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (3) 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. D. As required by Labor Code Section 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City, or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 18. DAILY REPORTS Contractor must maintain daily reports on the Work and submit them to City upon completion of the Project, or at any time upon request by City . Each daily report must describe: the Work performed that day; the number of workers performing the Work and hours worked; the equipment and hours of labor used for each task; a description of weather conditions; and any circumstances Public Works Contract May 2017 Page 9 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ affecting the planned progress of the Work. All such reports are the exclusive property of City, but Contractor is permitted to retain copies of the daily reports for its records. 19. RECORDS Unless otherwise specified in Attachment A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, showing any changes from the Work as planned in Attachment A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work, including but not limited to, as applicable: mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, including but not limited to piping, conduit , ductwork, and drain lines, must be shown by dimension and elevation. 20. NOTICES All notices, demands, requests or approvals under this Contract must be given or made in writing and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Roger Lee, Assistant Public Works Director Copy to: Gail Seeds, Park Improvement Manager Contractor: Ecological Concerns, Inc. 125-Walk Circle Santa Cruz, CA 95060 Attention: Josh Fodor, CEO Copy to: Jon Laslett Public Works Contract May 2017 Steven s Creek Phase 2 Bank Repair Project Page 10 Project No. __ _ 21. URBAN RUNOFF MANAGEMENT All Work on the Project must fully comply with federal, state, local and City regulations concerning stormwater 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. Contractor will also develop and implement erosion and sediment controls to prevent pollution of storm drains. Contractor must implement these controls prior to the start of the Work, upgrade them due to weather conditions or as otherwise required by City, maintain them during construction or other Work phases to provide adequate protection, and remove them 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, from October 15 through June 15, storm drain inlets impacted by construction work must be filter- protected. Storm drain inlets will be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel o r 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 as well as at the end of each work day. When the Work is completed, wash the streets and collect and dispose of the wash water offsite, in an appropriate location and lawful manner. D. After breaking old pavement, remove all debris to avoid contact with rainfall or runoff. E. Maintain a clean work area by removing trash, litter, and debris at the end of each work day and also when the Work is completed. Clean up any leaks, drips, and other spills as they occur. F. The requirements stated above are intended to be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. Public Works Contract May 2017 Page 11 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ 22. EARLY TERMINATION City may terminate this Contract for convenience, upon written notice to Contractor. City may also terminate this Contract for cause . If Contractor fails or refuses to perform the Work as required under this Contract, Contractor will be deemed in default. If the default is not cured to City's satisfaction within two days after delivery of written notice of default to Contractor, City may, in its sole discretion, elect to do one or more of the following: A. Terminate the Contract immediately, upon written notice to Contractor. B. Complete the Work using City's own forces and charge Contractor for all resulting costs and expenses, including City staff time. C. Retain another contractor to complete the Work and charge Contractor for all resulting costs and expenses. D. Require the performance bond surety to pay for completion of the Work. E. Pursue any other remedy available to City at law or under this Contract. If City terminates the Contract for convenience or for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. Nothing in Section 23 below is intended to delay, abridge or bar City's right to terminate this Contract early pursuant to this section. 23 . DISPUTE RESOLUTION, LAW AND VENUE Any dispute arising under or relating to this Contract is subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., which are incorporated by reference. Interpretation and enforcement of this Contract is governed by California law. Venue for any legal action filed in relation to this Contract is the Superior Court for the County of Santa Clara, California, and no other place. 24. ADVERTISEMENT Contractor may not post, exhibit, or display any advertising signage at the Project site without prior written approval from City. This section does not apply to signage intended or required for general safety while the Work is in progress. 25. WAIVER Public Works Contract May 2017 Page 12 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 26 . WARRANTY Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, Attachments A and B, and the documents and statutes attached, referenced or expressly incorporated herein , including any duly authorized and executed amendments or change orders to the Contract , constitute the full and complete understanding of every kind or nature whatsoever between City and Contractor with respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any provision or authorized modification to this Contract is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, all other provisions will remain in full force and effect. 28. SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26 (Warranty) expressly survive termination or expiration of the Contract. 29 . INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract is deemed to be inserted, and the Contract will be construed and enforced as though each was included. If through mistake or otherwise any such provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 30 . CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect, limit or amplify the terms or provisions of the Contract. Public Works Contract May 2017 Page 13 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ 31 . AUTHORIZATION Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Contract May 2017 Page 14 Stevens Creek Phase 2 Bank Repair Project Project No. __ _ The parties agree to this Contract as witnessed by the signatures below: By ________ / ___ _ Name Z Title ----z-~---Date ____ / ______ _ -------'-------- RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ~~y Avd Name ~DO LfH +j O/V\ Attachment A: Scope of Work Attachment 8: Bond Forms Public Works Contract May 2017 Stevens Creek Phase 2 Bank Repair Project City Attorn r y 1 Date ~ 30 _ ) J:: ATIEST:!! /J ' fu.(i~j£, It Grace Schmidt City Clerk ) __ ( __ ..., Date ) f , Contract Amount: 1 "ttf , :k?-1:) · ~ P.O. No. 1t) I r, 53 c./ Account No. l/~1:-lf o-Z g I q tJIJ -6!f o5"' ~·-? G !AZ. hrri,J(..., fLt~ Page 15 Attachment A Scope of Work Work in the 150 foot linear section of Stevens Creek's east bank along the golf course is to repair the bank where scouring and erosion occurred during high flow conditions in 2017 and removed materials that were previously installed to provide bank protection. The goal is to replicate the design intent for use of biotechnical methods to provide a naturally durable slope. Repairs are intended to provide adequate soils and toe protection measures to allow for native plantings to establish and flourish along the eroded area to restore the bank, provide stability and to reduce erosion in subsequent high flow events. Contractor shall coordinate with City's consultants assigned to the project, and shall comply with applicable environmental and regulatory requirements. Contractor will perform the following Work for the Project, within the Contract Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this Contract: 1. Mobilization / Demobilization and General Conditions includes the mobilization of a tracked skid steer loader, mini-excavator, and dump truck, as well as incidental tools and materials , to the project site. General conditions costs, including bonding fees, are also included under this item. Cost: $4,770 2. Coir Log Installation includes installing 100 linear feet of 12" diameter coir log wrapped in coir netting, anchored with bank plug stakes and rope, along the toe of slope in the bank repair area. The coir log will be placed above the water's edge in the fill areas of the repair as base of repair work and to protect creek waters from sediment. 100 linear feet will be installed in the -150 linear foot work area, as coir log installation is needed for -2/3 of the project length. Cost: $3,230 3. Willow Collection includes harvesting and collection of live willow material for installation into the fill areas along with soil. Collection locations and material types will be per the direction of City staff and consultants. Cost: $2,310 4. Earthwork includes placement of soil and wood fill in the damaged locations of the creek bank on Stevens Creek targeting an approximately 150 linear foot section of the east creek bank. The degree of fill will vary along this length, with the fill prism varying from up to a 1 O' x 5' foot triangle in some areas down to a cubic foot per linear foot or less of soil in others, and will be placed consistent with direction from City's consultant Balance Hydrologies ("hydrologist"). Total volume of fill, compacted in place, is estimated to be 30+ cubic yards. The soil will be provided from existing city Public Works Contract May 2017 Page 16 Stevens Creek Phase 2 Bank Repair Project stockpile of local soil at Blackberry Farm Park and transported by city to the work zone . Contractor will stage the soil at the top of bank within the work area as needed. The soil will be moved into the fill area by a mini excavator staged at the top of bank. Final placement of the soil , as well as placement of live willow material and city-provided woody debris to be incorporated into the fill, will be performed by hand labor in the fill area . The fill will be compacted by hand as it is placed. In specific areas, wrapped fill lifts will be constructed per direction from the hydrologist. Approximately 900 square feet of material comprising wrapped fill lifts along approximately 30+ linear feet of bank are estimated. Topsoil fill will be wrapped with biodegradable KoirWrap 1000 double-layered coir-jute fabric or approved equal. Lifts are anticipated to be placed in stacks of three, 1-foot lifts or as otherwise directed. Specific earthwork repairs for the creek channel banks in the length along the golf course may be adjusted based on hydrologist 's field input with city concurrence. Care will be taken to preserve the existing vegetation and to replace soil around the roots of existing trees which have been exposed by erosion . Cost: $26 ,880 5. Planting includes installation of 70 one -gallon container native plants and 100 native species transplants from onsite collection areas (sedges , creeping wild rye , and other suitable species) into the repair areas. The species list and harvest sites for transplants will be determined in consultation with City staff. Cost: $7 ,560 Publi c Works Contra ct May 2017 Pa ge 17 Ste ve ns Cre ek Phas e 2 Bank Repa ir Proj ec t Public Works Contract May 2017 Stevens Creek Phase 2 Bank Repair Project Attachment 8 Bond Forms (follow) Page 18 Bond #1 000965984 Premium $895 .00 Performance Bond The City of Cupertino ("City") and Ecological Concerns, Inc. ("Contractor") have entered into a cont_ract, dated HG.ti 2-:~ , , 20-1.3:.. ("Contract") for work on the Stevens Creek Corridor Phase 2 Ba'Ji k Repair Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). American Contractors 1. General. Under this Bond, the Contractor as Principal and Indemnity Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $ 44 750 .00 (the "Bond Sum"). By executing this Bond , Contractor and Surety bind themselves and their respective heirs, executors, administrators , successors and assigns, jointly and severally, to the provisions of this Bond . 2. Surety's Obligations; Waiver. Surety 's obligations under this Bond will remain in full force and effect during the Contract term and the one year warranty period under the Contract. If Contractor fully performs its obligations under the Contract , including its warranty obligations under the Contract , Surety's obligations under this Bond will become null and void upon expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract , in cluding changes to the scope of work or extensions of time for performance of work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845 . 3. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract balance availab le to Surety for completion of the work under the Contract. For purposes of this provision , the Contract balance is defined as the total amount payable by City to Contractor as the Contract price minus amounts already paid to Contractor, and m inus any liquidated damages, credits , or backcharges to which City is entit led under the te rms of the C ontract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Su re ty must act within seven days of the date of the written notice from the City referencing this section to remedy the default through one of the following courses of action : 4.1 Arrange for completion of the work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the work ; 4.2 Arrange for complet ion of the work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety at Surety's expense ; or 4.3 Waive its right to complete the work under the Contract and reimburse City the amount of City's costs to have the remaining work completed . 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal , design professional , or delay costs Publ ic Works Contract May 2017 Page 21 Stevens Creek Phase 2 Bank Repa ir Project 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follo ws : Attn : Adam Feinberg Address 801 S . Figueroa St., Suite 700 City/State/Zip : Los Angeles . CA 90017 Phone 310-649-0990 Fax : ____ 3'"'"1....;;.0_-6;;_4....;;.9_-0;;_4.;...;1...;c6 _____________ _ Email : afeinberg@tmhcc.com 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County, and no other place . Surety will be responsible for City 's attorneys' fees and costs in any action to enforce the provisions of this Bond . 8. Effective Date; Execution. This Bond is entered into and effective on May 18 , 20 17 . Three identical counterparts of this Bond , each of which is deemed an original for all purposes, are hereby executed and submitted . SURETY : American Contractors Indemnity Company s/ ~aM rbu_ L " <>o>~ Shauna Lucero , Attorney -in -Fact Namefritle [print] (Attach Ackno1Nledgment w ith Notary Seal and Power of Attorney) CONTRACTOR : Ecological Concerns, Inc . s/ ~~ss~ ~~,r -f re&),,,<t Namefritle (print) s/ --------------------------- Namefritle [print] Namefritle (p rint ) I END OF PERFORMANCE BOND Public Works Contract May 2017 Page 22 Stevens Creek Phase 2 Bank Repair Project ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of California County of _____ F_re_s_n_o _____ _ before me, Pamela Severson, Notary Public ------------------- (insert name and title of the officer) personally appeared ______ S_h_a_u_n_a_L_u_c_e_ro ________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~*··························-~ ," •; 0 ' '~~ PAMELA SEVERSON ~ ~· ,, .. ~ NOTARY PUBLIC -CALIFORNIA 1 ~ : ro . ~; COMMISSION# 2103694 § , 1 ~ • ' FRESNO COUNTY ~ My Comm. Exp . April 15, 2019 (Seal) ~OWER OF ATTORNEY AMERJCAN CONTRACTORS INDEMNITY COMPANY TEXAS Bo DING COMPANY UNITED STA TES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Y THESE PRESENTS: That American Contractors .Ind assumed name of American Contractors Indemn~ and_ pecialty Insurance Company, a Texas corporation (ro and appoint: Shauna Lucero of Fresno, California , a California corporation, Texas tes Surety Company, a Maryland anies"), do by these presents make, its true and lawfol Attorney(s)-in-fa£1, each in::the m ~afe _capacity if more than one is named above, with fo ow~e Eil mkallffi'oJl!y- hereby conferred in its name, place atm ~e~ to_exeeug aeRnowledge and deliver any and all bonds, recogni -_~nderta'Kig_gs_ or other instruments or contracts ;:ofiuretyslnp~ Include riders, amendments, and consents of surety, ·c11D gith~olffl ~ penalty does not exceed ~ *****Three Million***** Dollars ($ ~3 ,000,000.00** ). This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: ident, any Vice-President, any Assistant Vice-President, any Secre t any one or more su itable persons as Attorney(s)-in-Fact to re!M'es ary shall be and is hereby vested with full If of the Company subject to the following act may be g iven full power and authority for and in the name of and on behalf oftne recognizances, contracts , agreements or indemnity and other conditional or obligatory undertakings , including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts , and any and all notices and documents canceling or terminating the Company 's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any aut thereto l>y facsimile , and any power of attorn any bond or undertaking to which it is attache IIDf;th-e=Company heretofore or hereafter affixed to any power of attorn - _facsimile signature or facsimile seal shall be valid and binding upon tli IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed , this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIA By: Daniel P. Aguilar, Vice President A notary public or other officer comp let document to which this certificate is atta nly the identity of the individual who signed the ness, accuracy, or validity of that document. State of California County of Los Angeles SS: On this 1st day .Qf before me, Maria G. Rodriguez-Wong, a notary public, dt:m pany, Texas Bonding Company, United States Surety Com11.a tisfa _ . idence to be the person whose name is subscribed to the w1 · cap.ac.nd that by his signature on the instrument the person, or the entity Dan P . Agui lar, Vice President of American urance Company who proved to me on dged to me that he executed the same in person acted , executed the instrument._ I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney, executed by said Corporate Seals )<,,,,~~~~'}'~t;,,,,, I !~°.~··· .... ·./fd' Bond No. i OL"'Vf {tt sq&4 {t ... Agency No . 2295 <,.,,,,,;,;~· ,,,,,, Kio Lo, Payment Bond Bond #1000965984 Premium (Included in Performance Bond) The City of Cupertino ("City ") and Ecole ical Concerns Inc . ("Contractor") have entered in to a contract , dated 7-~ work on the Stevens Creek Corridor Phase 2 Ba Repair Contract is incorporated by reference into this Payment Bond ("Bond "). , 20 __!_]..("Contract") for Project ("Project"). The American Contractors 1. General. Under this Bond, Contractor as principal and Indemnity Company , its suretl'._(''Surety"), are bound to City as obligee in an amount not less than $44,750.00 ("Bond Sum"), under California Civil Code Sections 9550, et seq . 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code Section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted , withheld , and paid over to the Employment Development Department from the wages of emp loyees of Contractor and its subcontractors , under California Unemployment Insurance Code Section 13020, with respect to the work and labor, then Surety will pay for the same . 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials , and equ ipment furnished for use in the performance of the work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond wi ll be null and void . Otherwise, Surety's obligations w ill remain in full force and effect 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845 City waives requirement of a new bond for any supplemental contract under Civil Code Section 9550 . Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows : Attn : Adam Feinberg ------------------------Address : 801 s Figueroa St , Suite 700 City/State/Z ip : Los Angeles, CA 90017 Phone : __ ____,,3'--'-1=0_,,-6""""4=9....,,-0"""9""'9=0 _____________ _ Fax : ----=31..,_,0,,_-=64_,.,,9,,_--'=0~41_,_,6,,__ ____________ _ Email : afeinberg@tmhcc .com 6. Law and Venue. This Bond will be governed by California law , and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County, and no other place Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond . Public Works Contract May 2017 Page 19 Stevens Creek Phase 2 Bank Repa ir Project 7. Effective Date; Execution. This Bond is entered into and is effective on May 18 , 20j] Three identical counterparts of this Bond , each of which is deemed an original for all purposes , are hereby executed and subm itted . SURETY American Contractors Indemnity Company /__ ~~n~ss Name A , s1 ~ LL M-CDL(__ L ',,._,,,_ , ~ Shauna Lucero , Attorney-in-Fact Name/Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR : Eco logical Concerns, Inc . ~~Name ~ \t) rc~sd:-t Name/Title Name/Title END OF PAYMENT BOND Publ ic Works Contract May 2017 Stevens Creek Phase 2 Bank Repair Project Page 20 ACKNOWLEDGMEN T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ Fr_e_s_n_o _____ _ On \y;-n-VY) .,, '""" :l,O \ J before me, Pamela Severson, Notary Public l ------------------(insert name and title of the officer) personally appeared ______ S_h_a_u_n_a_L_u_c_e_ro ________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY lJnder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~\:. ~: '~~~ NOT;~MPEUL:L~CE~~~~~~RNIA ... ;,1 COMMISSION# 2103694 e FRESNO COUNTY ~ Signature P,v 4 ~ My Comm . Exp . April 15, 2019 (Seal) " ' KNOW ALL =Bonclin~~--'°lll.IDl ~eo;wor~imt:ancL consti°futeand-app - P=aW~ROF ATTORNEY AMERJCAN COi....,TRACTORS INDEMNITY COMPANY TEXAS Bo DING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Y THESE PRESENTS: That American Contractors lndemnity_company, a California corporation, Texas assumed name of American Contractors IndemniJ -Tinite:d~S!_ates Surety Company, a Maryland ecialty Insurance Company, a Texas corporation ~~0mpanies"), do by these presents make, Shauna Lucero of Fresno, California its true and lawful Aitorney(s)-in-fact, each irkthei~e -. capacity if more than one is named above, with full po hereby conferred in its name, place and sfefill,-~~ owledge and deliver any and all bonds, recogn or other instruments or contracts ·ouur~lJl=~ _ de riders, amendments, and consents of surety, penalty does not exceed *****Three Million***** Dollars ($ 0 .00** ). This Power of Attorney shall expire without further action on December 20,2017 . This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,d hat ~ower 11rui-author.i~ ~_I@sioos : ~ ident, any Vice-President, any Assistant Vice-President, any Secre t any one or more suitable persons as Attorney(s)-in-Fact to r Ass-ist &!lbSe~etary shall be and is hereby vested with full lrenalf of the Company subject to the following ~orne)!.-1J actm iven full power and authority for and in the nan1e of and on behalf , rtii:xecute, acknowledge and deliver, an)' and all bonds , recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company 's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorize=- thereto by facsimile, and any power of attorney or..ce any bond or undertaking to which it is attached ompany heretofore or hereafter affixed to any power of alto 1le signature or facsimile seal shall be valid and binding upon t IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SP A notary public or other officer completing_ tfiis· document to which this certificate is attached;:a State of California County of Los Angeles SS: By: Daniel P. Aguilar, Vice President ly the identity of the individual who signed the ss, accuracy, or validity of that document. On this 1st day of December, 2014, before me, Maria G. Rodriguez-Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American surance Company who proved to me on dged to me thathe executed the same in person acted, executed the instrument. pany, Texas Bonding Company, United States Surety Co!!!J:lan . ~ dence to be the person whose name is subscribed to the w iffiin ruCa that by his signature on the instrument the person, or the en ~ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /~ @ MARIA G. RODRIGUEZ-WONG _ Commission # 2049771 ~ Notary Public -California ~ j Los Angeles County ~ 4 4 4 0 0 ., ~OT"l. ;X~rts pt; ~o-.2g1 r ( ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~ 5 /9/20 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF ICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2~~~CT Christi Buchanan CLCA Insurance Solutions ;.~~N.t c • .,. 855-662-2522 I ;i(}~ Nol: 530-662-1710 PO Box 1330 ~tl~~ss: chri s ti . buchanan@arm-i . com INSURER(S) AFFORDING COVERAGE NAIC # Woodland CA 95776 INSURER A :Wesco Insurance Company 25011 INSURED INSURER B :Mercer Insurance Company 14478 Ecological Concerns Incorporated INSURER c :Securi tv National Ins Co 019879 125 Walk Circle INSURER D :Admiral Insurance Comoanv 24856 INSU RER E :Uni ted States Liabili tv Insurance 25895 Santa Cruz CA 95060 INSURER F: COVERAGES CERTIFICATE NUMBER :04 112017 REVISION NUMBER · THIS IS TO CER TIF Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTAND IN G ANY REQUIREMENT , TERM OR CONDITION OF A NY CONTRACT OR OTHE R DOCUMENT WITH RESPECT TO WH ICH THIS CERTI FICATE MAY BE ISSUED OR MAY PERTAIN , THE INSUR ANCE AFFORD ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A LL THE TERMS , EXC LUSIONS A ND CON DITIO NS OF SUCH POLI C IES . LIMITS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER (MM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EAC H OCCURRENCE s 1,000,000 ~ D CLAIMS-MADE w OCCUR DAMAGE TO RENT ED A PR EMI SES /Ea occurrence) s 100,000 ~ Installation Floater X y WPP122645402 1 /1 /2017 1/1/2018 MED EXP (Any one person) s 10 ,000 PERSONAL & ADV INJURY s 1 ,000,000 I--- GEN'L AGGR EGATE LIMIT APPLIES PER : GENE RAL AGGREG ATE $ 2,000,000 =i 0 PRO-O Loc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER : Installation Floater s 25,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT {Ea accident\ s 1,000,000 - X ANY AUTO BODI LY INJURY (Pe r person) s A -ALL OWNED -SCHEDULED AU TOS AUTOS X y WPP122645402 1 /1 /20 17 1 /1 /2018 BODILY INJURY (Per accident) s -~ NON-OWN ED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident! $ -~ $ UMBRELLA LIAB M OCCUR EACH OCCURR EN CE s 3 000 000 I--- B X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3 000 000 OED I I RETENTION s X y 27305853 1 /1 /20 17 1 /1 /2018 s WORKERS COMPENSATION XI ~f f TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [Z] E.L. EACH ACC IDENT $ 1 000 000 OFFICER/MEMBER EXCLU DED? N/A C (Mandatory In NH) y SWC11358 05 1 /1 /2017 1 /1 /2018 E.L. DISE ASE · EA EMPLOYEE $ 1 000 000 II yes , describe under DESCR IPTION OF OPERATIONS belo w E.L. DI SEAS E· POLI CY LIMIT $ 1 000 000 D Pollution Liability FEI-ECC-23585-00 4/10 /20 17 4 /10 /2018 Occurence/Aggregate 1M/2M E Professional Liability SP 1562533 3/7 /20 17 3 /7 /2 018 Occuren ce/Agg regate 1M /2M DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Rema rks Schedule, may be attached if more space is required) City of Cupertino, including its City Council, boards and commissions , officers, officials, agents, employees, consultants and volunteers is an additional insured as their interest may appear when required by written contract . The certificate holder will receive 30* days notice of cancellation . *10 days for non payment of premium . A waiver of subrogation applies in the certificate holders favor when require_d by written contract . Coverage is on a primary & non-contibutory basis. Commercial Excess policy is following form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS . Cupertino , CA 95014-3202 AUTHORIZED REPRESENTATIVE Gina Stanley/CHRIST ~ he-~_ © 1988-2014 ACORD CORPORATION. All rights reserved . ACORD 25 (2014/01) INS025 1?01•011 The ACORD name and logo are registered marks of ACORD Policy Number: WPP122645402 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE FOR CONTRACTORS Th is endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. PROPERTY DAMAGE TO BORROWED EQUIPMENT Paragraph (1), of j. Damage To Property, under 2. Exclusions, of SECTION I -COVERAGES COVERAGE A· BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you , provided that they are not being used to perform operations at the time of the loss . With respect to "property damage" to borrowed equipment the following additional provisions apply : 1. The most we will pay for "property damage" to borrowed equipment is $100 ,000 for any and all such losses regardless of the number of: a . Insureds ; b. Claims or "suits " brought ; or c . Persons or organ iza t ions bringing cla ims or "suits ". B. NON-OWNED WATERCRAFT EXTENSION Subparagraph (2) of g . Aircraft , Auto Or Watercraft, under 2 . Exclusions , of SECTION I -COVERAGES, COVERAGE A· BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the follow ing : This exclusion does not apply to : (2) a watercraft you do not own that is : (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge . C . DAMAGE TO PREMISES RENTED TO YOU The last-paragraph of-2:-Exclusions-of-SECTION I -COVERAGES~COVERAGE A-BODILY IN;:JURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: Exclusions c. through n . do not apply to damage to premises while rented to you , or temporarily occupied by you with permission of the owner, caused by : 1 . Fire ; 2 . Explosion ; GL990078 Page 1 of 6 Ed 0912 3 . Lightning ; 4 . Smoke resulting from such fire, explosion or lightning; or 5. Water. A separate lim it of insurance applies to th i s coverage as described in Section Ill Limits of Insurance. Th is insurance does not apply to damage to premises rented to you , or temporarily occupied by you , with permission of the owner caused by : 1. Rupture , bursting , or operation of pressure relief devices ; 2. · Rupture or bursting due to expansion or swelling of structural components or the contents of any building or structure, caused by or resulting from water; 3 . Explosion of steam boilers , steam pipes , steam engines or steam turbines . Paragraph 6. of SECTION Ill LIMITS OF INSURANCE is deleted and replaced with the following : Subject to paragraph 5. of SECTION Ill -LIMITS OF INSURANCE , the Damage to Premises Rented to Y ou Lim it is the most we will pay under COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY . for the sum of all damages because of "property damage" to premises while re nted to you , or temporarily occupied by you with permission of the owner, caused by: fi re; ex plos ion ; lightning ; smoke resulting from such fire , explosion , or lightning ; or water. The Damage To Premises Rented To You Limit will apply at all "property damage" prox imately caused by the same "occurrence", whether such damage results from : fire; explosion ; lightning ; smoke resulting from such fire , ex plosion , or lightning ; or water; or any combination of any of thes e causes. The Damage To Premises Ren t ed to You Lim it w i ll be the h igher of: a . $300 ,000 ; or b . The amount shown on the Declarations for Damage To Premises Rented To Y ou Lim it. Paragraph a. of 9. "Insu r ed Contract", under SECTION V -DEFINITIONS, is deleted and replaced with the following : An "Insured c o ntract" means a contract for a lease of premises. However, that portion of the contract for a lease of premises t hat indemnifies any person or organization for damage to premises while rented to you , or temporarily occupied by you with permission of the owner, caused by: fire : ex plosion ; lightning ; smok e resulting from such fire , e x plosion , or lightning ; or wat er, is not an "ins u re d contract". D. PROPERTY DAMAGE COVERAGE FOR PERSONAL PROPERTY WHILE IN YOUR POSSESSION Sub-paragraphs (3) and (4) of Paragraph j. Damage To Property, of 2. Exclusions . of SECTION I - COVERAGES, COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY do not apply to "property damage" to the property of others while in your possession . With respect to the insurance provided by this sect ion of the endorsement , the followi ng provisions apply: T he limit of this coverage is $25 ,000 per "oc currence" and $25 ,000 aggregate in any annual policy pe r iod starting w ith the beg inning of the pol icy period in the Declarations , regardless of the number of: a . Insureds ; GL990078 Page 2 of6 Ed 0912 , f E. b. Claims or "suits " brought ; or c . Persons or organizations bringing claims or "suits ". We will pay for damages on your behalf , only to the amount of damages for each "occurrence" on your behalf applies only to the amount of damages for each "occurrence " which are in excess of a $1,000 deductible . We may pay any part , or all of the deductible amount , to effect settlemen t of any claim or "suit" and , upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount , as has been paid by us . PROPERTY DAMAGE COVERAGE FOR TENANTS -REAL PROPERTY Sub-paragraph j. (5) Damage To Property, of 2. Exclusions of SECTION I -COVERAGES, COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following : F. While under your care , custody or control we will pay for "property damage " to property of others arising out of operations incidental to your business when : a . Damage is caused by the insured; b . Damage occu rs while in the insured 's possession The most we will pay under th is provision for loss or damage during the policy period is $25 ,000 pe r "occurrence" and $25 ,000 aggregate in any annual policy period starting with the beginning of the policy period in the Declarations . We will pay damages on your behalf, only to the amount of damages for each "occurrence" which are in excess of a $1 ,000 deductible . The limits of insurance will not be reduced by the applicat ion of such deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit " and , upon notification of the action taken , you shall promptly reimburse us for such part of the deductible amount as has been paid by us ; or SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1d. under SUPPLEMENTARY PAYMENTS -COVERAGES A AND B of SECTION I is amended as follows: a. In paragraph 1.b., the amount we will pay for the cost of bail bond is increased to $2 ,500 b. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day . G. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Paragraph 3.a. of SECTION II -WHO IS AN INSURED is deleted and replaced with the following: H. Coverage under this provision is afforded until the 1801 h day after you acquire or form the organization or the end of the policy period, whichever is earlier. PAST PARTNERSHIPS AND JOINT VENTURES The following is added to SECTION II -WHO IS AN INSURED: GL 990078 Page 3 of 6 Ed 0912 If you are an insured, as shown in the Declarations, you are an insured for your interest in a partnership or joint venture that ended prior to this policy-period . This insurance applies : a. Only to the extent of your interest in the partnership or joint venture . b. Only if no other similar insurance is available to you for your interest in the joint venture or partnership . The last paragraph of SECTION II -WHO IS AN INSURED is deleted and replaced with the following : I. Except as provided in H. PAST PARTNERSHIPS AND JOINT VENTURES, no person or organization is an insured with respect to the conduct of any current or past partnership , joint venture or limited liability company that is not shown as a Named Insured in the Declarations . ADDITIONAL INSURED The following is added to SECTION II -WHO IS AN INSURED: Any person or organization with whom or with which you have agreed in writing in a contract or agreement that such person(s) or organization(s) shall be included as an additional insured on your policy is an additional insured . The contract must be executed before the "bodily injury or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to name such person or organization as an additional insured, but only with respect to liability arising out any tenancy operation or use of equipment leased to you by such an additional insured . The following provisions apply to such additional insured : a . The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations , whichever is less. b . The insurance afforded to the additional insured does not apply to : i. ny "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an offense which is committed, after you cease to be a tenant in that premises ; ii. Liability arising out of any premises for which coverage is excluded by endorsement; or A iii . L J. iability arising out of structural alterations, new construction or demolition operations performed by or on behalf of such additional insured(s) The insurance afforded to the additional insured is excess over any valid and collectible insurance available to the insured, unless you have agreed in the written contract that this insurance must be primary or non-contributory with such other insurance. BROADENED NAMED INSURED Paragraph 1.d. of SECTION II -WHO IS AN INSURED is deleted and replaced with the following : The person or organization named in the Declarations, and any organization, other than a partnership , joint venture or limited liability company , of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy . Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors . Your stockholders are also insureds , but only with respect to their liability as stockholders. However, coverage for any such additional organization will cease as of the date , if any, during the policy GL990078 Page 4 of 6 Ed 0912 period , that you no longer maintain ownership of, or the majority interest in , such organization . K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to paragraph 6. Representations of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : Based on our reliance on your representations as to existing hazards , if you unintentionally fail to disclose any such hazards prior to the beginning of the policy period of this coverage part, we shall not deny coverage under this coverage part because of such failure . However, the provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regulations . L. BROADENED NOTICE OF OCCURRENCE The following is added to paragraph 2 Duties in the Event of Occurrence, Offense, Claim or Suit of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: M. a. Notice of an "occurrence" or of an offense which may result in a claim covered by this pol icy , the failure to report such "occurrence" to us at the time of the "occurrence shall not be deemed a violation of this condition unless such "occurrence" or offense becomes known to . you , or one of the following if designated by you to give such notice : your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance , loss control or risk manager or administrator)., However, you or your designated representative must give us notice as soon as practicable after being made aware that the particular claim . b. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. c . This provision does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy . WAIVER OF SUBROGATION The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any ri ght of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you ; ongoing operations performed by you or on your behalf, done under contract with that person or organization ; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage " occurs or the "personal injury" or "advertising injury" offense is committed . N. BROADENED CONTRACTUAL LIABILITY -WORK WITHIN 50' OF RAILROAD PROPERTY Paragraph 9.c. of the definition "Insured Contract" under SECTION V -DEFINITIONS is deleted and replaced with the following : "Insured contract" means any easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad . GL990078 Page 5 of6 Ed 0912 Paragraph f.(1) of 9. "Insured contract" under SECTION V -DEFINITIONS is deleted . 0 . BODILY INJURY DEFINITION The definit ion of "bodily injury" in paragraph 3. of SECTION V -DEFINITIONS is deleted and replaced with the following : "Bodily injury" means bodily injury, mental anguish , mental shock, fright, disability, humiliation , sickness or disease sustained by a person , including death resulting from any of these at any time. GL990078 Page 6 of6 Ed 0912 POLICY NUMBER: COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following : BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Liability and Blanket Additional Insured Status for Certain Entities. Item 1. Who is an Insured of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add : d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company , and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured; however, (1) coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or formed the organization ; and (3) coverage does not apply if there is other similar insurance available to that organization, or if similar insurance would have been available but for its termination or the exhaustion of its limits of insurance . This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. e. An "employee" of yours is 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 . f. Any person or organization you are required by written contract or agreement to name as an additional "insured", but only with respect to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to read : (4) We will pay reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc . Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage , under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read : 2. Towing We will pay for towing and labor costs each time that a cove red "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for towing and labor for each disablement is $500 ; b. No deductible applies to this cover- age. E. Item 3. Glass Breakage -Hitting A Bird Or Animal -Falling Objects or Missiles of Paragraph A. Coverage under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add : Glass Repair Coverage We will waive the Comprehens ive deductible for Glass , if one is indicated on your covered "auto ", for glass repairs . We will repair at no cost to you, any glass that can be repaired without replacement , provided the "loss " arises from a covered Comprehensive "loss " to your "auto ". F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A . Coverage under SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to read : a. Transportation Expenses We will pay up to $50 per day to a max imum of $1 ,000 for temporary transportation ex pense incurred by you because of the total theft of a covered "auto" of the private passenge r type . We will pay only for those covered "autos" for which you carry either Comprehens ive or Specified Causes of Loss Coverage or Theft Coverage . We will pay for temporary transportation ex penses incurred during the period beginning 48 hou rs after the theft and ending, regardless of the policy's ex piration , when the covered "auto" is returned to use or we pay for its "loss". G . "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to add : · ' "Personal Effects " Coverage We will pay actual cash value for "loss " to "personal effects " of the "insured " while in a covered "auto " subject to a ma ximum limit of $2 ,500 per "loss ", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage. H. "Downtime Loss" Coverage Item 4. Coverage Extensions , of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE is amended to add : ' "Downtime Loss" Coverage We will pay any result ing "downtime loss " ex penses you sustain as a result of a covered physical damage "loss" to a covered "auto " up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions : a . We will provide "downtime loss " beginning on the 51h day after we have given you our agreement to pay for repairs to a covered "auto " and you have given the repair facility your authorization to make repairs ; b. Coverage for "downtime loss " ex penses will end when any of the following occur: (1) You have a spare or reserve "au to" available to you to continue your operations . (2) You purchase a replacement "auto ". (3) Repairs to your covered "auto " have been completed by the repai r facility and they determ ine the covered "auto" is road-worthy. (4) You reach the 30 day max imum coverage . CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission • I. Item 4. Coverage Extensions, of Paragraph A. Coverage , under SECTION Ill. PHYSICAL DAMAGE COVERAGE, is amended to add : We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto " because of "loss " to a covered "auto " up to a maximum of $100 per day , for a maximum of 30 days for the same physical damage "loss ", subject to the following condit ions: a. We will provide rental reimbursement incurred during the policy period beginning 24 hours after the "loss " and ending , regardless of the policy expiration , with the number of days reasonably required to repair or replace the covered "auto ". If the "loss" is caused by theft , this number of days is the number of days it takes to locate the covered "auto" and return it to you or the number of days it takes for the claim to be settled , whichever comes first. b. Our payment is limited to necessary and actual expenses incurred . c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations . d . If a "loss" results from the total theft of a covered "auto" of the private passenger type , we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension . J. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add : "Personal Effects" Exclusion We will not pay for "loss " to "personal effects " of any of the following : a. Accounts , bills , currency , deeds , evidence of debt , money , notes, securities or commercial paper or -other documents of-value . b. Bullion , gold , silver, platinum, or other precious alloys or metals ; furs or fur garments ; jewelry ; watches ; precious or semi-precious stones . c. Paintings , statuary and other works of art . d. Contraband or property in the course of illegal transportation or trade . e. "Loss " caused by theft , unless there is evidence of forced entry into the covered "auto" and a police report is filed . K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read : a. Wear and tear, freezing , mechanical or electrical breakdown . The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag . L. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add : If a covered "auto " is owned or leased and if we provide Physical Damage Coverage on it , we will pay, in the event of a covered total "loss ", any unpaid amount due on the lease or loan for a covered "auto ", less : a. The amount paid under the Physical Damage Coverage Section of the pol icy; and b. Any : (1) Overdue lease or loan payments including penalties , interest or other charges resulting from overdue 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) Costs for extended warranties , Credit Life Insurance , Health , Accident or Disability Insurance purchased with the loan or lease ; (4) Security deposits not refunded by the-lessor~and (5) Carry-over balances from previous loans or leases CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc . Page 3 of 5 Used with permiss ion M. Aggregate Deductible Paragraph D. Deductible under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add : Regardless of the number of covered "autos" involved in the same "loss", only one deductible will apply to that "loss ". If the deductible amounts vary by "autos ", then only the highest applicable deductible will apply to that "loss". N. Diminishing Deductible Paragraph D. Deductible under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add : Any deductible will be reduced by the percentage indicated below on the first "loss " reported during the corresponding policy period : Loss Free Policy Periods Deductible With the Expansion Reduction on the Endorsement first "loss" 1 0% 2 25% 3 50% 4 75% 5 100% If we pay a Physical Damage "loss " during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0% for each such COVERAGE FORM if coverage is renewed. 0 . Knowledge of Loss and Notice To Us Subsection a . of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV·· BUSINESS AUTO CONDITIONS is amended to add : However, prompt notice of the "accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident", claim, "suit" or "loss " is known to : (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation ; (4) A manager or member, if you are a limited liability company ; (5) Your insurance manager; or (6) Your legal representative . P. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV - BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form . Q. Insurance is Primary and Noncontributory Subpart a . of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read : a. This insurance is primary and noncontributory, as respects any other insurance, if required in a written contract with you . R. Other Insurance -Hired Auto Physical Damage Subpart b . of Item 5 .. 0ther Insurance of Paragraph B. General Conditions under SECTION IV-BUSINESS AUTO CONDITIONS is amended to read : b. 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 CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission , while performing duties related to the conduct of your business . However, any "auto" that is leased, hired , rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph 8. General Conditions under SECTION IV -BUSINESS AUTO CONDI- TIONS is amended to add : 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy , provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery . T. Additional Definition SECTION V -DEFINITIONS is amended to add : "Personal effects " means personal property owned by the "insured". "Downtime loss " means actual loss of "business income " for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is in the custody of a repair facility if not a total "loss". "Business Income " means : 1 . Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred ; and 2 . Continuing normal operating expenses incurred , including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 5 of 5 POLICY NUMBER : WPP122645402 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim , loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility . Information required to complete this Schedule, if not shown above, will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused , in whole or in part , by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However : 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these addit ional insureds , the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the add itional insured is the amount of insurance: 1. Required by the contract or agreement ; 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 . Page 2 of 2 © ISO Properties , Inc ., 2004 CG20370413 D Policy Number: WPP122645402 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured . (1) The additional insured is a Named Insured under such other insurance; and CG20010413 © Insurance Services Office , Inc ., 2012 Page 1 of 1 Policy Number: WPP122645402 COMMERCIAL GENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A . Section II -Who Is An Insured is amended to include as an additional insured : 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy ; and 2 . Any other person or organ ization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above . Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part, by : a. Your acts or omissions ; or· b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured . However , the insurance afforded to such additional insured described above : a. Only applies to the extent permitted by law ; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured . A person's or organization's status as ao additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed . B. With respect to the insurance afforded to these additional insureds , the following additional exclusions apply : This insurance does not apply to : 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural , engineering or surveying services , including : a. The preparing , approving , or failing to prepare or approve , maps , shop drawings , opinions , reports , surveys , field orders , change orders or drawings and specifications ; or b. Supervisory , inspection, architectural or engineering activities . Th is exclusion appl ies 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 . 2. "Bodily injury" or "property damage" occurring after: a. All work , including materials , parts or equipment furnished in conn..ectLon with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or CG 20 38 0413 © Insurance Services Office , Inc ., 201 2 Page 1 of 2 b. That portion of "your work" out of which the injury or damage ar ises has been put to its intended use by any person or organ ization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds , the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement described in Paragraph A.1.; 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 . Page 2 of 2 © Insurance Services Office , Inc ., 2012 CG 20 38 0413 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed . 01-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA 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 .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration . Person or Organization Any person or organization as required by written contract. Schedule Job Description $1 ,942.00 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 Insured Insurance Company 1/1/2017 Policy No . SWC1135805 Ecological Concerns Inc. Security National Insurance Company Endorsement No. Premium $ 0 45879 Countersigned by _______________________ _ WC 04 03 06 (Ed. 01-84)