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19-025 Harry L. Murphy Inc., Cupertino Teen Center Carpeting CITY OF
PUBLIC WORKS CONTRACT
$60,000 OR LESS
CUPERTINO
1. PARTIES
This public works contract("Contract") is made and entered into on 3/ r
("Effective Date") by and between the City of Cupertino, a municipal corporation("City"), and
Harry L. Murphy Inc. , a Corporation
("Contractor") for Cupertino Teen Center Carpeting
2. SCOPE OF WORK
Contractor will perform and provide all labor, materials, equipment, supplies,transportation and any
other items or work necessary to perform and complete the work required for the Project("Work"), as
required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with
the terms and conditions of this Contract.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on March 31, 2019
("Contract Time")unless terminated earlier as provided herein. Contractor's Work shall begin on the
date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract
Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a
NTP until the Contract is fully executed by both parties and City has received satisfactory proof of
insurance and any performance and payment bonds that may be required.
3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor
must have sufficient time, resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay,
or City may deduct the amount from Contractor's payments. Liquidated damages are based on
reasonably foreseeable consequences of delay and may include intangible losses which the Parties
agree may be difficult to ascertain, such as loss of public confidence in City and its contractors,
interference or loss of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work
an amount that will based on actual costs but that will be capped so as not to exceed $18,542.00 V
("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials,
supplies, equipment,taxes, insurance, bonds and all overhead costs.
4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor, materials, equipment and
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any incidental costs incurred. Contractor will be paid 95%of the undisputed amounts billed within 30
days after City receives a properly submitted invoice. Any retained amounts will be included with
Contractor's final payment within 60 days of City's acceptance of the Work as complete.
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5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is
solely responsible for the means and methods of performing the Work and for the persons under this
employment. Contractor is not entitled to worker's compensation or any other City benefits.
5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that
they have the qualifications and skills to perform the Work in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they
are properly licensed, registered, and/or certified to perform the Work as required by law, and have
procured a City Business License. Contractor shall possess a California Contractor's License in good
standing for the following classification(s): C 15 , which
must remain valid for the entire Contract Time.
5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract.
Prior written approval from City is required for any subcontractor, and the terms and conditions of this
Contract will apply to any approved subcontractor.
5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment
required to perform the Work under this Contract.
5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this
Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for
violations pursuant to the indemnification provision of this Contract.
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor's
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation, including but not limited
to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS: SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do
so will be null and void.Any changes related to the financial control or business nature of Contractor
as a legal entity is considered an assignment of the Contract and subject to City approval, which shall
not be unreasonably withheld. Control means fifty percent(50%) or more of the voting power of the
business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns
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8. PUBLICITY/SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one year
thereafter must credit City contributions to the Project. The words "City of Cupertino" must be
displayed in all pieces of publicity, flyers,press releases,posters, brochures, interviews,public service
announcements and newspaper articles.No signs may be posted or displayed on or about City
property, except signage required by law or this Contract, without prior written approval from the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to 20 % of the Work,provided that each subcontractor
is required by contract to be bound by the provisions of this Contract. Contractor must provide City
with written proof of compliance with this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on
the Project, if City in its sole discretion determines that subcontractor's Work falls short of the
requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section
4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's
Work or hire a new subcontractor that is acceptable to City.A Notice of Completion must be recorded
within 15 days after City accepts the Work if the Contract involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and
at completion of Project. The reports must describe the Work and specific tasks performed,the number
of workers,the hours,the equipment,the weather conditions, and any circumstances affecting
performance. City will have ownership of the reports,but Contractor will be permitted to retain copies.
10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must
be identified for all major components of the Work, including mechanical, electrical and plumbing
work;HVAC systems; utilities and utility connections; and any other components City determines
should be included in the final drawings of the Project. Deviations from the original drawings must be
shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be
shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance
with generally accepted accounting principles,which must be available for City review and audit, kept
separate from other records, and maintained for four years from the date of City's final payment.
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11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants,volunteers and consultants ("Indemnitees"),through legal counsel acceptable to City, from
and against any and all liability, damages, claims, stop notices, actions, causes of action, demands,
charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and
dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in
any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract by
Contractor, its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work
performed on or off the Project Site; and
(d) Personal injury,property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim, in accordance with California
Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a
claim, dispute or lawsuit arising out of this Contract.
11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers'
Compensation or other employee benefits, or the insurance and bond coverage required in this
Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in
favor of Contractor against City or any other Indemnitee.
11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Contract, a purchase order or other transaction.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision may
result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense,
deducting the costs from Contractor's compensation, or terminating the Contract.
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13. COMPLUNCE WITH LAWS
13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this
Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect
the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment
status of employees performing the Work, as required by the Immigration Reform and Control Act
13.2 Labor Laws.
(a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code,
including but not limited to:
(i) Prevailing wage laws under Labor Code Section 1775,which require Contractor
to pay prevailing wages applicable in Santa Clara County for each craft,
classification, or type of worker needed to perform the Work, including health,
pension and vacation. The prevailing wage rates are on file with the City
Engineer's office and are available online at http://www.dir.ca.gov/DLSR;
(ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts
$30,000 or more;
(iii) Maintain certified payroll records in accordance with Labor Code Sections 1776
and 1812, and electronically submit them to the Labor Commissioner as
required by the regulations of California, Department of Industrial Relations
("DIR");
(iv) Comply with DIR Monitoring, Enforcement and Registration requirements of
Labor Code Section 1725.5.
(b) Contractor must compensate workers who are paid less than prevailing wages or required to
work more than a legal day's work. Contractor will also be required to pay City a penalty of
$ 200.00 per worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as
follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
Work on this Contract."
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status,pregnancy, age, sex,
gender, sexual orientation, gender identity,Acquired-Immune Deficiency Syndrome (AIDS) or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
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13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including
Government Code section 1090 and Government Code section 81000 and their accompanying
regulations.No officer, official, employee, consultant, or other agent of the City ("City
Representative") may have, maintain, or acquire a"financial interest" in the Contract, as that term is
defined by state law, or in violation of a City ordinance or policy while serving as a City
Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and
agents warrant they are not employees of City or have any relationship with City officials, officers or
employees that creates a conflict of interest. Contractor may be required to file a conflict of interest
form if it makes certain governmental decisions or serves in a staff capacity, as defined in section
18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts
to public officials and employees.
13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights
and remedies under the law and this Contract, including seeking indemnification.
14. BONDS
For contracts of$25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100%of the Contract Price, using the Bond Forms attached and incorporated
here as Exhibit C.Each bond must be issued by a surety admitted in California,with a financial rating
from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety
cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety
acceptable to City within seven calendar days after written notice from City. If Contractor fails to do
so, City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense,
deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the
Contract nor issue the NTP until the required bonds are submitted.
15. UTILITIES,TRENCHING AND EXCAVATION
15.1 Contractor must call the Underground Service Alert("USA") 811 hotline and request marking
of utility locations before digging or commencing Work. For underground service alerts for street
lighting and traffic signal conduits, City's Service Center must be called at(408) 777-3269.
Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers
utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work,notify City in writing,
and wait for instructions if one of the conditions below is found at the worksite. City will work with
Contractor to amend the Contract or issue a change order if the discovered conditions materially
change the Work/Performance, Contract Time or Contract Price.
(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and
which requires removal to a Class 1, Class 11, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those
indicated by information about the worksite made available to Contractor; and
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(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as inherent
in the character of the Work. 1
15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in
depth, Contractor must submit a detailed plan for City approval,per Labor Code Section 6705 prior to {
commencing work. The plan must show the design of shoring, bracing, sloping and other provisions
for worker protection from caving ground and other hazards. The protective system must comply with
all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared
by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm
water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and
during excavation and grading. If water is used for dust control, Contractor will use only the amount of
water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of
the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion
and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these
controls based on weather conditions or as otherwise required by City. These controls must be in place
during the entire Contract Time and must be removed at the end of construction and completion of the
Work. Such controls must include, but will not be limited to,the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum
saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction
materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed,wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day
and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks, local
program guidance materials from municipalities, and any other applicable documents on stormwater
quality controls for construction. Contractor's failure to comply with this Section will result in the
issuance of noncompliance notices, citations, Work stop orders and regulatory fines.
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17. PROJECT COORDINATION
d
City Project Manager. City assigns Ty Bloomquist as 5
the City representative for all purposes under this Contract, with authority to require compliance with
the Scope of Work. City may substitute Project Managers at any time and without prior notice to
Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Randy Wadley
as its single representative for all purposes under
this Contract,with the responsibility to ensure progress with the Work. Contractor's Project Manager
is responsible for coordinating and scheduling the Work and must regularly update the City Project
Manager about the status and any delays with the Work, consistent with the Scope of Work. Any
substitutions must be approved in writing by City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Work performed through the date of abandonment and will be given
reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing
out the Work will be compensated up to 10% of the total time expended in performing the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid
for satisfactory Work rendered through the termination date and will be given reasonable time to close
out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work,products and deliverables completed.Nothing in the Section below is intended
to delay, abridge or bar City's right under this Section.
19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is
required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor
must comply with the claim filing requirements of the California Government Code. If the Parties elect
arbitration, the arbitrator's award must be supported by law and substantial evidence and include
detailed written findings of law and fact.
20. ATTORNEY FEES
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If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing
party will be entitled to reasonable attorney fees and costs.
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21. SIGNS/ADVERTISEMENT
No signs may be displayed on or about City's property, except signage which is required by law or by
the Contract,without City's prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract
provision. City waiver of any breach shall not constitute waiver of another provision or breach.
26. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not intrinsic
in the design or materials. All Work, materials and equipment should pass to City free of claims, liens
or encumbrances. Contractor warrants the Work and materials for one year from the date of City's
acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided
by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor
will repair or replace any Work defects or materials, including damage that arises from Contractor's
Warranty Work, except any wear and tear or damage resulting from improper use or maintenance.
27. ENTIRE CONTRACT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete contract between City and Contractor with respect to the Work and the Project. No oral
contract or implied covenant will be enforceable against City. If any attachment or incorporated
provisions conflict or are inconsistent with the terms of this Contract,the Contract terms will control.
28. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable,the legal
portion of said provision and all other contract provisions will remain in full force and effect.
28. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all warranties, indemnities,payment obligations, insurance and bonds,
shall remain in full force and effect after the Work is completed or Contract ends.
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29. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be included
and will be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions.
30. CAPTIONS
The captions,titles, and headings in this Contract are for convenience only and may not be used in the
construction or interpretation of the Contract or for any other purpose.
31. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken
together shall form one single document.
20. NOTICES
All notices, requests, and approvals must be sent in writing to the persons below and will be
considered effective on the date of personal delivery,the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino: To Contractor:
10300 Torre Avenue, Cupertino CA 95014 Harry L.Murphy Inc.
Attention: Ty Bloomquist Attention: Randy Wadley
Copy to: carlv(acupertino.org Copy to:
Email: tybecupertino.org Email: randy(c�,harrylmurphy.com
30. VALIDITY OF CONTRACT
This Contract is valid and enforceable only if(a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or
an authorized designee, and (c) is approved for form by the City Attorney's Office.
32. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to legally
bind their respective Parties. If Contractor is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution
Date first above written.
CONTRACTOR Harry L. Murphy Inc. CITY OF CUPERTINO,
a Municipal Corporation
Corporation z
By: By:
Timm 1
M an Wad e _ A tn d tA�
Title: -1
Title: ent Title: 1 eete oof Public Works
Signature Date: 02/20/209 Signature Date: 3 /
APPROVED AS TO FORM:
By:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
By: � (f
GRACE SCHMIDT, City Clerk
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Harry L. Murphy Inc.
Cupertino Teen Center Carpeting
Proposal Amount $ 16,542.00
Description Installing new carpet
Account# ( 60 3
Proposal Amount
Description
Account#
Proposal Amount
Description
Account#
Unforeseeables/Extras
SUBTOTAL $ 16,542.00
Contingency $ 2,000.00
CONTRACT TOTAL $ 18,542.00
PW Supervisor Ken Tanase
earl Valde"z-Superi ndent Date
HARRY L.MU"HYiNc. 11F-EXHB
11 A
I' L O O R C O V E R I N G S
FAX BID TO: CITY OF CUPERTINO
ATTN: TY BLOOMQUIST
PH: (408) 460-1821
FX: (408) 777-3399 DATE: 01/14/19
Harry L. Murphy, Inc. is happy to provide you with this competitive quotation. Harry L. Murphy, Inc. is a
floor covering contractor specializing in institutional and industrial sheet vinyl, resilient tile, and carpeting
since 1947.
Here is the pertinent data for your project:
JOB NAME/LOCATION: City of Cupertino Sport Center,
Teen Center, First Floor
2111 Stevens Creek Blvd., Cupertino, CA
SCOPE OF WORK: Modular Carpet Tile Installation
SECTION(S): 09680, Modular Carpet Tile
TOTAL PRICE: Sixteen thousand, five hundred and forty-two dollars: ($16,542.00).
AS PER DISCUSSION AND PRODUCT SPECIFICATIONS,INSTALLED INCLUDING TAXES
LICENSE #C-15 145985 Y UNION SHOP X BONDABLE x PRICE GOOD FOR 60 DAYS
INCLUSIONS: Demo and Install Regular Hours Monday thru Friday; Normal Prep
Work only. Removal and disposal of existing carpet and base.
EXCLUSIONS: Excessive Preparation Work(i.e. floating, leveling or grinding of existing
subfloor), Moving of furniture; Saturday, Sunday or Holiday premium rate.
COMMENTS: Price is based on furnishing and installing Tandus Collins & Aikman"Expedition",
#05187-61504 Starlight 24"x 24" Modular Carpet Tiles, with Burke#701-P Black 6"
Rubber Cove Base in first floor Teen Center, as per discussion.
-2 7
THANK YOU FOR CONSIDERING OUR QUOTATION,
ESTIMATOR: M. Randy Wadley
42 Bonaventura Drive San Jose CA 95134
Phone: (408) 955-1100 RWFAXBID Fax: (408) 955-1111
PUBLIC WORKS CONSTRUCTION CONTRACTS
Small Projects - $60,000
Insurance Requirements: Exhibit B
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
"occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage,
blanket contractual, products and completed operations,vehicle coverage and employer's non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction,and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be(1)the minimum coverage/limits specified in this agreement;or(2)the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance
shall be called upon to protect City as a named insured.
Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos,then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3 Workers' Compensation: As required by the State of California, with Statutory Limits, and
Employer's Liability Insurance of no less than$1,000,000 per accident for bodily injury or disease,or as otherwise
required by statute.If Contractor is self-insured,Contractor must provide a Certificate of Permission to Self-Insure,
duly authorized by the DIR.
❑ N/A if box checked(Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than$1,000,000 per occurrence or claim, and $2,000,000 aggregate.
N N/A if box checked (Contract is not design/build).
5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with
limits equal to the completed value of the project and no coinsurance penalty provisions.
,/N N/A if box checked (Project does not involve construction or improvements/installations to property).
Insurance Requirements for Construction Contracts-$60,000 Version.Jan. 2019
1
6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate.
XN/A if box checked (Project does not involve environmental hazards).
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If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either:
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(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain,the following provisions:
Additional Insured Status
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are to be covered
as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf
of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as
broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Project,Contractor's insurance coverage shall be"primary and non-contributory"and
at least as broad as ISO CG 20 0104 13 with respect to City, its officers, officials,employees and volunteers,and shall
not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a"primary and non-contributory"basis for the benefit of City.
I
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder's Risk
Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties,and for the benefit of City.If the Project does not involve new or major reconstruction,City may elect,acting
in its sole discretion,to accept an Installation Floater policy instead of Builder's Risk. For such projects,the Property
Installation Floater shall include improvement, remodel,modification,alteration,conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City's site.
Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019
2
aiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,and each
insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies
of all required insurance policies, including endorsements, required by these specifications, at any time.
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Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. I
Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Perfonnance Bonds shall be in a
sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance
Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond
equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety,
authorized to issue such bonds in the State of California and secured through an authorized agent with an office in
California. j
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Special Risks or Circumstances
City reserves the right to modify these requirements,based on the nature of the risk,prior experience,insurer,coverage,
or other circumstances.
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Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019
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Page 1 of 1
ACCMV CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
03/01/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER [-MAIL
ONTACT
AME:
Willis Insurance Services of California, Inc.
HONE 1-877-945-7378 FAX 1-888-467-2378
c/o 26 Century Blvd /C No Ext: A/C No:
P.O. Box 305191 DDRESS: certificates@willis.com
Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC#
SURERA: Ohio Security Insurance Company 24082
INSURED INSURER B: West American Insurance company 44393
Harry L. Murphy, Inc,-
Attn: Randy Wadley
INSURERC: American Fire and Casualty Company 24066
P.O. Box 641597 INSURER D: Falls Lake Fire and casualty Company 15884
San Jose, CA 951641597
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:W10305787 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DDfYYYYJ LIMITS
X I COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 500,000
A X PD Ded: $5,000 MED EXP(Any one person) $ 15,000
X per claim Y Y BKS56340804 02/01/2019 02/01/2020 PERSONAL&ADV INJURY $ 1,000,000
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ,_�'2,000,000
�
PRO-
POLICY 7 LOC PRODUCTS-COMP/OPAGG $ 2,000,000/
OTHER: $
\ l; AUTOMOBILELIABILITY COMBINED SINGLE LIMIT
Ea accident $ 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y BAW56340804 02/01/2019 02/01/2020 BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS PROPERTY DAMAGE
HIRED AUTOS ONLYHNON-OWNED
AUTOS ONLY Per accident $
iX $
1
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ ,,i_16,000,000
lX X EXGESSLIAB CLAIMS-MADE Y Y ESA56340804 02/01/2019 02/01/2020 AGGREGATE $ 6,000,000
DED RETENTION$ $
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE YIN
E.L.EACH ACCIDENT $ lzl,000,000
OFFICER/MEMBER EXCLUDED? No N/A Y FLA010757-00 02/01/2019 02/01/2020
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The City of Cupertino, its City Council, Officers, Officials, employees, agents, servants and volunteers are included
as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and
Non-Contributory with any other insurance in force for or which may be purchased by Additional Insureds. Waiver of
Subrogation applies in favor of Additional Insureds with respects to Workers Compensation, General Liability and Auto
Liability, as permitted by law. The Umbrella/Excess policy Follows Form.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
The City Of Cupertino
©1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
SR ID: 17603246 13ATCH: 1091966
POLICY NUMBER: BKS56340804 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
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)
BLANKET AS REQUIRED BY WRITTEN
CONTRACT, AGREEMENT, OR PERMIT
PO BOX 641597
ATTN RANDY WADLEY
SAN JOSE, CA 95164
Location And Description Of Completed Operations
Work described in writing in the contract,
or permit
Location(s) at which You performed work described
in written contract, agreement or permit. "
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 B. With respect to the insurance afforded to
include as an additional insured the person(s) these additional insureds, the following is
or organization(s) shown in the Schedule, but added to Section III -Limits Of Insurance:
only with respect to liability for "bodily in- If coverage provided to the additional insured
jury" or "property damage" caused, in whole is required by a contract or agreement, the
or in part, by "your work" at the location des- most we will pay on behalf of the additional
ignated and described in the Schedule of this insured is the amount of insurance:
endorsement performed for that additional 1. Required by the contract or agreement;
insured and included in the "products-com-
pleted operations hazard". or
However:
2. Available under the applicable Limits of
Insurance shown in the Declarations;
1. The insurance afforded to such additional whichever is less.
insured only applies to the extent permit-
ted by law; and This endorsement shall not increase the ap-
2. If coverage provided to the additional in- plicable Limits of Insurance shown in the Dec-
sured is required by a contract or agree- larations.
ment, .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 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number: BKS (20)56340804
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
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 (2) You have agreed in writing in a contract
Condition and supersedes any provision to the or agreement that this insurance would
contrary: be primary and would not seek contribu-
Primary And Noncontributory Insurance tion from any other insurance available
This insurance is primary to and will not seek to the additional insured.
contribution from any other insurance avail-
able to an additional insured under your poli-
cy provided that:
(1) The additional insured is a Named In-
sured under such other insurance; and
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: BKS56340804 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
BLANKET AS REQUIRED BY WRITTEN
CONTRACT, AGREEMENT, OR PERMIT
PO BOX 641597
ATTN RANDY WADLEY
SAN JOSE, CA 95164
Location(s) Of Covered Operations
Any location(s) when You have agreed in a written
contract, agreement or permit that person or
organization be added as an additional insured
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 B. With respect to the insurance afforded to
include as an additional insured the person(s) these additional insureds, the following addi-
or organization(s) shown in the Schedule, but tional exclusions apply:
only with respect to liability for "bodily in- This insurance does not apply to "bodily in-
jury", "property damage" or "personal and jury" or" property damage" occurring after:
advertising injury" caused, in whole or in 1. All work, including materials, parts or
part, by: equipment furnished in connection with
1. Your acts or omissions; or such work, on the project (other than ser-
2. The acts or omissions of those acting on vice, maintenance or repairs) to be per-
your behalf; formed by or on behalf of the additional
in the performance of your ongoing insured(s) at the location of the covered
operatons for the additional insured(s) at the operations has been completed; or
location(s) designated above. 2. That portion of "your work" out of which
However: the injury or damage arises has been put
1. The insurance afforded to such additional to its intended use by any person or or-
ganization other than another contractor
insured only applies to the extent permit- or subcontractor engaged in performing
ted by law; and operations for a principal as a part of the
2. If coverage provided to the additional in- same project.
sured is required by a contract or agree-
ment, 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 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2
BKS56340804
C. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III - 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 additional
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 ap-
plicable Limits of Insurance shown in the Dec-
larations.
Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13
BI<S56340804
COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY—ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2
MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3
ADDITIONAL INSUREDS —BY CONTRACT, AGREEMENT OR PERMIT 3
PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS —EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6
WHO IS AN INSURED— INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6
FELLOW EMPLOYEE EXTENSION —MANAGEMENT EMPLOYEES
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
©2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 Of 8
IJKJ5b54U6U4
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the
endorsement.
A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the
United States of America or Canada, designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other valid and
collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this
policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability,
Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY— ELEVATORS
1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage
Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such
"property damage" results from the use of elevators. For the purpose of this provision, elevators do not
include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV—Commercial General Liability Conditions, Condition 4. Other
Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance,
whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Exclusions of Section I -Coverage A- Bodily Injury and Property Damage
Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the
following:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than
damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system)
to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(ii) Contents that you rent or lease as part of a premises rental or lease agreement for a
period of more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section III— Limits of
Insurance.
©2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8
BKS56340804
b. The last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section III— Limits Of Insurance.
2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of"property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner
for damage by fire, lightning, explosion, smoke or leakage from automatic
protection systems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are
amended as follows:
Under Paragraph 1. Insuring Agreement of Section I—Coverage C— Medical Payments,
Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B
1. Under Supplementary Payments —Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time
off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section II—Who Is An Insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but 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 the acts or omissions of those acting on your behalf, in the
performance of your on going operations for the additional insured that are the subject of the
written contract or written agreement provided that the "bodily injury" or"property damage" occurs,
or the "personal and advertising injury" is committed, subsequent to the signing of such written
contract or written agreement; or
©2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 8
BKS56340804
b. Premises or facilities rented by you or used by you; or
C. The maintenance, operation or use by you of equipment rented or leased to you by such person
or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
(1) This insurance does not apply to"bodily injury", "property damage", or"personal and
advertising injury" arising out of the operations performed for the state or political
subdivision;
(2) This insurance does not apply to"bodily injury" or"property damage" included within the
"completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the
following hazards:
a) The existence, maintenance, repair, construction, erection, or removal of
advertising signs, awnings, canopies, cellar entrances, coal holes, driveways,
manholes, marquees, hoist away openings, sidewalk vaults, street banners, or
decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
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.
With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this
endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on
behalf of the additional insured(s) at the location of the covered operations has been
completed; or
(2) That portion of"your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this
endorsement ends when their written contract or written agreement with you for such premises or facilities ends.
With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after
the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement is signed
prior to the "bodily injury" or"property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit"
by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence,
Offense, Claim Or Suit under Section IV—Commercial General Liability Conditions.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A- Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or"property damage" arising from the sole negligence of the additional insured.
b. "Bodily injury" or"property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or"property damage" occurs.
C. "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:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications; or
(2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence"which
caused the "bodily injury" or"property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of, or the failure to render, any professional architectural, engineering or
surveying services.
d. "Bodily injury" or"property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work,
on the project (other than service, maintenance or repairs) to be performed by or on
behalf of the additional insured(s) at the location of the covered operations has been
completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS
endorsement issued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section III—
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 additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. 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.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies'as an additional insured under any form or
endorsement under this policy.
Condition 4. Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is
amended as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured's policy has an Other Insurance provision making its policy excess, and
you have agreed in a written contract or written agreement to provide the additional insured
coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek
contribution from the additional insured's policy for damages we cover.
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b. The following is added to Paragraph b. Excess Insurance:
When a written contract or written agreement, other than a premises lease, facilities rental
contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a
state or political subdivision between you and an additional insured does not require this insurance
to be primary or primary and non-contributory, this insurance is excess over any other insurance
for which the additional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured, this insurance is
excess over any other insurance whether primary, excess, contingent or on any other basis for
which the additional insured has been added as an additional insured on other policies.
I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any form or
endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or"suit' under this
insurance to us;
b. Tender the defense and indemnity of any claim or"suit' to all insurers whom also have insurance
available to the additional insured; and
C. Agree to make available any other insurance which the additional insured has for a loss we cover
under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a "suit' by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract or
written agreement or the limits of insurance as stated in the Declarations of this policy and defined in
Section III—Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not
in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES
Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following:
(1) "Bodily injury" or"personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members
(if you are a limited liability company), to a co-"employee"while in the course of his or her
employment or performing duties related to the conduct of your business, or to your other
"volunteer workers"while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or"volunteer worker" as a
consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in Paragraphs (1) (a) or(b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing
professional health care personnel to others, or if coverage for providing professional health care
services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does
not apply.
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Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an
"employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the
"employee's"job responsibilities assigned by you, includes the direct supervision of other"employees" of yours.
However, none of these "employees" are insureds for"bodily injury" or"personal and advertising injury" arising out
of their willful conduct, which is defined as the purposeful or willful intent to cause"bodily injury" or"personal and
advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances.
The coverage provided by provision J. is excess over any other valid and collectable insurance available to your
"employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II -Who Is An Insured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority interest,
will qualify as a Named Insured if there is no other similar insurance available to that organization.
However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the
entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before you
acquired or formed the organization; and
C. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named Insured.
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 or qualifies as an insured
under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV—Commercial General Liability Conditions, the following is added to Condition 6.
Representations:
Your failure to disclose all hazards or prior"occurrences" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior"occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV—Commercial General Liability Conditions, the following is added to Condition 2. Duties In
The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or"suit" by an agent, servant or"employee" of any insured
shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of
Section II —Who Is An Insured or a person who has been designated by them to receive reports of
"occurrences", offenses, claims or"suits" shall have received such notice from the agent, servant or
"employee".
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional
premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your
state.
O. BODILY INJURY REDEFINED
Under Section V— Definitions, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental
anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease.
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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
following:
a. Expected Or Intended Injury
"Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or"property damage" resulting from the use of
reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer
Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for
injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or
organization and included in the "products-completed operations hazard" provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you waive such
rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agreement.
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BAW(20)56340804 COMMERCIAL AUTO
CA 88 10 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
COVERAGEINDEX
SUBJECT PROVISION NUMBER
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
ACCIDENTAL AIRBAG DEPLOYMENT 12
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19
AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13
BROAD FORM INSURED 1
BODILY INJURY REDEFINED 22
EMPLOYEES AS INSUREDS (including employee hired auto) 2
EXTENDED CANCELLATION CONDITION 23
EXTRA EXPENSE- BROADENED COVERAGE 10
GLASS REPAIR-WAIVER OF DEDUCTIBLE 15
HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6
HIRED AUTO COVERAGE TERRITORY 20
LOAN / LEASE GAP 14
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16
PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8
RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 17
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20
SECTION II -LIABILITY COVERAGE is amended as follows:
1. BROAD FORM INSURED
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock
during the policy period. However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an insured under any other automobile policy; or
(3) Has exhausted its Limit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in
excess of this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which
you own more than 50 percent of the voting stock. This automatic coverage is afforded only for
180 days from the date of acquisition or formation. However, coverage under this provision
does not apply:
(1) If there is similar insurance or a self-insured retention plan available to that organization;
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(2) If the Limits of Insurance of any other insurance policy have been exhausted; or
(3) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but
only for acts within the scope of their employment by you. Insurance provided by this endorse-
ment is excess over any other insurance available to any "employee".
g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract
or agreement in that "employee's" name, with your permission, while performing duties re-
lated to the conduct of your business and within the scope of their employment. Insurance
provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
h. Any person or organization with respect to the operation, maintenance or use of a covered
"auto", provided that you and such person or organization have agreed in a written contract,
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto";
(2) Only for "bodily injury" or "property damage" caused by an "accident" which takes
place after you executed the written contract or agreement, or the permit has been
issued to you; and
(3) Only for the duration of that contract, agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para-
graphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the insured at our request, including actual loss of earn-
ings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following
provision is added:
SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury"
results from the use of a covered "auto" you own or hire.
SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended
by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified
Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any
"auto" you own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
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b. Your "employee" hires or rents under a written contract or agreement in that "employee's"
name, but only if the damage occurs while the vehicle is being used in the conduct of your
business,
subject to the following limit and deductible:
A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of
like kind and quality, minus a deductible.
B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
C. Subject to the limit, deductible and excess provisions described in this provision, we will
provide coverage equal to the broadest coverage applicable to any covered "auto" you own.
D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an
actual financial loss.
E. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or
(2) Any "auto" that is hired, rented or borrowed from your "employee".
For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition
of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered
"auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis-
abled:
a. For private passenger type vehicles, we will pay up to $50 per disablement.
b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a
gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that
have a gross vehicle weight (GVW) of 10,001 -20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend-
ed to provide a limit of $50 per day and a maximum limit of $1,500
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9. RENTAL REIMBURSEMENT
SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental
of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss"
under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for
those expenses incurred after the first 24 hours following the "accident" or "loss" to the
covered "auto."
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many
cases may be substantially less than $75 per day, and will only be allowed for the period of
time it should take to repair or replace the vehicle with reasonable speed and similar quality, up
to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove
and replace your tools and equipment from the covered "auto".
d. This coverage does not apply unless you have a business necessity that other "autos" avail-
able for your use and operation cannot fill.
e. If "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 under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 11.
10. EXTRA EXPENSE -BROADENED COVERAGE
Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of
returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal
effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V-DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or
carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money
or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow-
ing:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for
"loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov-
erage or warranty.
13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu-
sions 4.c. and 4.d. is deleted and replaced with the following:
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Exclusion 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated
by use of the power from the "auto's" electrical system, in or upon the covered "auto" and
physical damage coverages are provided for the covered "auto"; or
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a$100 deductible.
14. LOAN / LEASE GAP COVERAGE
A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is
amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any
one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the
date of the "loss",
b. Financial penalties imposed under a lease due to high mileage, excessive use or ab-
normal wear and tear,
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease,
d. Transfer or rollover balances from previous loans or leases,
e. Final payment due under a"Balloon Loan",
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss"
of a covered "auto",
g. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease
agreement or as a result of the early termination of any warranty or extended service
agreement on a covered "auto",
L Any amount representing taxes,
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "auto" that incurred the
loss serves as collateral, or lease written on the covered "auto" that incurred the loss.
C. SECTION V-DEFINTIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the
actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over
the term of the loan, thereby requiring a large final payment.
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15. GLASS REPAIR-WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private
passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by
the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
The 'loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
Declarations.
This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or
organization engaged in the automobile business.
17. TWO OR MORE DEDUCTIBLES
Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage
forms apply to the same accident, the following applies to paragraph D. Deductible:
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be
waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement company means any company that is part of the Liberty
Mutual Group.
SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows:
18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the
inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this
policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its
discovery, and we have the right to collect additional premium for any such hazard or exposure.
19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the
following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is
known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. Member, if you are a limited liability company;
4. An executive officer or the "employee" designated by the Named Insured to give such
notice, if you are a corporation.
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To the extent possible, notice to us should include:
(1) How, when and where the "accident" or "loss" took place;
(2) The "insureds" name and address; and
(3) The names and addresses of any injured persons and witnesses.
20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery
Against Others to Us, is amended by the addition of the following:
If the person or organization has waived those rights before an "accident" or "loss", our rights are
waived also.
21. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is
amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that
the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the
United States, the territories and possessions of the United States of America, Puerto Rico or
Canada or in a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with
a driver.
SECTION V -DEFINITIONS is amended as follows:
22. BODILY INJURY REDEFINED
Under SECTION V- DEFINTIONS, definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death resulting from any of these at any time.
COMMMON POLICY CONDITIONS
23. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol-
lows:
If we cancel for any reason other than nonpayment of premium, we will mail to the first Named
Insured written notice of cancellation at least 60 days before the effective date of cancellation. This
provision does not apply in those states which require more than 60 days prior notice of cancella-
tion.
© 2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 7
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
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_5% of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured
during the policy period where by written contract a waiver
of subrogation is required prior to the commencement of
work.
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 02/01/2019 Policy No. FLA010757-00 Endorsement No.
Insurance Company
Insured Falls Lake Fire&Casualty Company
Harry L.Murphy, Inc.(A Corp)
Countersigned By
©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved.
