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21-195 Nor-Cal Specialties, Memorial Park Tennis Court Restroom Partition ReplacementPublic Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 1 of 12 PUBLIC WORKS CONTRACT $60,000 OR LESS 1. PARTIES This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and Nor-Cal Specialties, a Corporation (“Contractor”) for Memorial Park Tennis Ct Restroom Partition Replacement, and is effective on the last date signed below (“Effective Date”). 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project (“Work”), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on December 31, 2021 (“Contract Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. The Director of Public Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds. 3.2 Time is of the essence for Contractor’s performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor’s payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $4,733.00 Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 2 of 12 (“Contract Price”), for all of Contractor’s direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds, and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker’s compensation or any other City benefits. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor’s License in good standing for the following classification(s): C-61, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 3 of 12 result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted assigns. 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 25% of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 4 of 12 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 Cit y review and audit, kept separate from other records, and maintained for four (4) years from the date of City’s final payment. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract. 11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’ Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 5 of 12 entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Contract. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor’s expense, deducting the costs from Contractor’s compensation, or terminating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) The following provisions apply to contracts of $1,000 or more: (i) In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (ii) Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 6 of 12 (iii) Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. (iv) Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. (v) Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. (vi) Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. (vii) Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day’s work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract.” 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 7 of 12 Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING, AND EXCAVATION 15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 8 of 12 (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor’s failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 9 of 12 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns David Hogeman as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor’s Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City’s pre-approval in writing, the time spent in closing out the Work will be compensated up to ten percent (10%) of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City’s right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 10 of 12 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract, without City’s prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 24. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 25. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling. 26. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 27. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 11 of 12 28. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 29. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 30. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 31. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino CA 95014 cc: Representative/Coordinator: Ken Tanase Email: kent@cupertino.org To Contractor: Nor-Cal Specialties 1330 N 4th St. San Jose, CA 95112 cc: Representative/Coordinator: David Hogeman Email: david@nor-calinc.com 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Public Works Project: Memorial Park Tennis Ct Restroom Partition Replacement Public Works Contract $60,000 / August 2021 Page 12 of 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CITY OF CUPERTINO, a Municipal Corporation By: __________________________________ Title: ________________________________ Signature Date: _________________________ NOR-CAL SPECIALTIES By: __________________________________ Title: ________________________________ Signature Date: _________________________ APPROVED AS TO FORM: By: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: By: KIRSTEN SQUARCIA City Clerk Date: Alyssa Diaz Admin Aug 24, 2021 Christopher D. Jensen Aug 24, 2021 Fleet and Facilities Supervisor Aug 24, 2021 EXHIBIT A Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019 1 Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a.It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b.Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13 c.The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2.Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. N/A if box checked (Contractor provides written verification it has no employees). 4.Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. N/A if box checked (Contract is not design/build). 5.Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. N/A if box checked (Project does not involve construction or improvements/installations to property). PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects - $60,000 Insurance Requirements: Exhibit B Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019 2 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any 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: Sept. 2019 3 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/1/2021 (408) 792-5411 (408) 792-3670 24074 Nor-Cal Specialties, Inc. 1330 N. 4th Street San Jose, CA 95112 44393 24066 10855 35378 27960 A 1,000,000 X X BKO56541058 7/1/2021 7/1/2022 500,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X BAW56541058 7/1/2021 7/1/2022 5,000,000C ESA56541058 7/1/2021 7/1/2022 5,000,000 0 D X NOWC213363 7/1/2021 7/1/2022 1,000,000 1,000,000 1,000,000 E Excess Liability XOBW9018121 7/1/2021 Excess - 2nd layer 2,000,000 F Pollution Liability CPY G71798732 002 4/3/2021 4/3/2022 Per Aggregate 1,000,000 Re: City of Cupertino operations, City of Cupertino, Memorial Park Tennis Court Restroom partition replacement - per written contract with the Named Insured. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished are named as Additional Insured per forms CG 20 37 04 13 and CG 20 10 04 13 attached. Primary non-contributory and GL waiver per form CG 88 10 04 13 attached. Auto A/I and Auto waiver per form AC 85 43 06 18 attached. Workers Compensation waiver of subrogation per form WC 99 04 10C attached. CIR form attached. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NOR-SPE-01 GUTHULASIRISHA NFP Property & Casualty Services, Inc. 160 West Santa Clara Street Suite 575 San Jose, CA 95113 Denise Baker denise.baker@nfp.com Ohio Casualty Insurance Company West American Insurance Company American Fire and Casualty Company Cypress Insurance Company Evanston Insurance Company Illinois Union Insurance Company X 7/1/2022 X X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. NFP Property & Casualty Services, Inc. NOR-SPE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Nor-Cal Specialties, Inc. 1330 N. 4th Street San Jose, CA 95112 SEE PAGE 1 GUTHULASIRISHA 1 CONTRACTUAL INSURANCE REQUIREMENTS The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. NFP Property and Casualty Services, Inc. 160 West Santa Clara Street, Suite #575 CA License #0F15715 TELEPHONE: 408.792.5400 FAX: 408.792.3670 BKO56541058 Blanket Additional Insured agreed 1330 N 4TH STREET SAN JOSE,CA 95112 Any location(s)when You have agreed in a written contract,agreement or permit that person or organization be added as an additional insured. POLICY NUMBER: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 CG 20 10 04 13 Insurance Services Office,Inc.,2012 Page 1 of 2 SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Location(s)Of Covered Operations Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A.Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule,but only with respect to liability for "bodily in- jury","property damage"or "personal and advertising injury"caused,in whole or in part,by: 1.Your acts or omissions;or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s)at the lo- cation(s)designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permit- ted by law;and 2.If coverage provided to the additional in- 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. B.With respect to the insurance afforded to these additional insureds,the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury"or"property damage"occurring after: 1.All work,including materials,parts or equipment furnished in connection with such work,on the project (other than ser- vice,maintenance or repairs)to be per- formed 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 or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. BKO56541058 CG 20 10 04 13InsuranceServicesOffice,Inc.,2012Page2of2 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. 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 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 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 Policy #BKO56541058 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 2 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 Liabil- ity,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 follow- ing: 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 Page 3 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 sys- tems;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 "per- sonal 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 Page 4 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 ad- vertising 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 expo- sures;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 insur- ance 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 Condi- tions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 5 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 render- ing 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 "occur- rence"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 is- sued 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 Declaratio ns. 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 amend- ed 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. 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 6 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 addi- tional 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 employ- ment 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 profes- sional health care personnel to others,or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement,this provision (Paragraph (d))does not apply. 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 "employ- ees"of yours.However,none of these "employees"are insureds for "bodily injury"or "personal and 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 7 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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 intoxica- tion 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.Repre- sentations: 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,sick- ness or disease. 2013 Liberty Mutual Insurance CG 88 10 04 13 Page 8 of 8IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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.Trans- fer 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 agree- ment. COMMERCIAL AUTO AC 85 43 06 18 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 1 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title,this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto)2 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR -WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto)6 LOAN /LEASE GAP (Coverage Not Available In New York)15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 18 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II -LIABILITY COVERAGE is amended as follows: 1.NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II -LIABILITY COVERAGE ,Paragraph A.1.Who Is An Insured is amended to include the following as an "insured": d.Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period.Coverage is afforded only for 90 days from the date of acquisition or formation. 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 except a policy written specificall y to apply in excess of this policy;or (3)Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Insured: Nor-Cal Specialties, Inc. Policy #BAW56541058 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 2 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. Coverage under this provision d.does not apply 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": e.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 endorsement is excess over any other insurance available to any "employee". f.Any "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 related 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": g.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,written 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 written agreement,or the permit has been issued to you; and (3)Only for the duration of that contract,agreement or permit. The "insured"is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity.Unless the "insured"has agreed in writing to primary noncontributory wording per enhancement number 24,this policy is excess over any other collectible insurance. 4.SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE ,Coverage Extensions,2.a.Supplementary Payments ,Paragraphs (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 earnings 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 provi- sion 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 if you have workers compensation insurance in force for all of your "employees"at the time of "loss". This coverage is excess over any other collectible insurance. 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": 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 3 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. a.You hire,rent or borrow;or 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"or any member of your "employee's"household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 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 disabled: a.For private passenger type vehicles,we will pay up to $75 per disablement. b.For "light trucks",we will pay up to $75 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 Extensions,Transportation Expenses of SECTION III -PHYSICAL DAMAGE COVERAGE ,is amended to provide a limit of $50 per day and a maximum limit of $1,500. 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 ex- penses incurred after the first 24 hours following the "accident"or "loss"to the covered "auto." b.Rental Reimbursement requires the rental of a comparable or lesser 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".This limit is excess over any other collectible insurance. 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 4 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. d.This coverage does not apply unless you have a business necessity that other "autos"available 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. g.The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased,the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision,materials and equipment do not include "personal effects"as defined in provision 11.B. 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 securi- ties. 12.ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE ,B.Exclusions is amended by adding the following: 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 coverage or warranty. 13.PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE,D.Deductible,is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50%for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14.AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE,B.Exclusions ,Paragraph a.of the exception to exclu- sions 4.c.and 4.d.is deleted and replaced with the following: Exclusions 4.c.and 4.d.do not apply to: a.Electronic equipment that receives or transmits audio,visual or data signals,whether or not de- signed solely for the reproduction of sound,if the equipment is: (1)Permanently installed in the covered "auto"at the time of the "loss"or removable from a housing unit that is permanently installed in the covered "auto";and (2)Designed to be solely operated by use from the power from the "auto's"electrical system;and (3)Physical damage coverages are provided for the covered "auto". 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. 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 5 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 15.LOAN /LEASE GAP COVERAGE (Not Applicable In New York) 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 abnormal wear and tear; c.Costs for extended warranties,Credit Life Insurance,Health,Accident or Disability Insur- ance 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"; i.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 -DEFINITIONS 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. 16.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. 17.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. 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 6 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. 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. 18.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: 19.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 incep- tion 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. 20.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 follow- ing: 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. To the extent possible,notice to us should include: (a)How,when and where the "accident"or "loss"took place; (b)The "insured's"name and address;and (c)The names and addresses of any injured persons and witnesses. 21.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 in a written agreement waived those rights before an "accident"or "loss",our rights are waived also. 22.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. 2018 Liberty Mutual Insurance AC 85 43 06 18 Page 7 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. This extension of coverage does not apply to an "auto"hired,leased,rented or borrowed with a driver. 23.PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV -BUSINESS AUTO CONDITIONS,General Conditions,B.5.Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured"under your policy provided that: 1.Such "insured"is a Named Insured under such other insurance;and 2.You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 24.BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS ,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. NOWC21336307/01/2021 Nor-Cal Specialties, Inc. Nor-Cal Specialties for Memorial Park Tennis Ct Restroom Partition Replacement Final Audit Report 2021-08-24 Created:2021-08-18 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAzVY-ytxuzzesuniw_2yV3JQsbw-m3vQO "Nor-Cal Specialties for Memorial Park Tennis Ct Restroom Parti tion Replacement" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-08-18 - 6:39:29 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2021-08-18 - 6:42:38 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2021-08-18 - 6:44:05 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-08-18 - 6:44:07 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-08-18 - 8:11:05 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to amanda@nor-calinc.com for signature 2021-08-18 - 8:11:07 PM GMT Email viewed by amanda@nor-calinc.com 2021-08-18 - 8:27:11 PM GMT- IP address: 50.193.39.26 Email viewed by amanda@nor-calinc.com 2021-08-20 - 6:46:19 PM GMT- IP address: 50.193.39.26 Document signing delegated to Alyssa Diaz (alyssa@nor-calinc.com) by amanda@nor-calinc.com 2021-08-20 - 6:50:16 PM GMT- IP address: 50.193.39.26 Document emailed to Alyssa Diaz (alyssa@nor-calinc.com) for signature 2021-08-20 - 6:50:16 PM GMT Email viewed by Alyssa Diaz (alyssa@nor-calinc.com) 2021-08-20 - 6:52:15 PM GMT- IP address: 50.193.39.26 Email viewed by Alyssa Diaz (alyssa@nor-calinc.com) 2021-08-23 - 3:53:36 PM GMT- IP address: 50.193.39.26 Email viewed by Alyssa Diaz (alyssa@nor-calinc.com) 2021-08-24 - 6:06:05 PM GMT- IP address: 50.193.39.26 Document e-signed by Alyssa Diaz (alyssa@nor-calinc.com) Signature Date: 2021-08-24 - 6:22:43 PM GMT - Time Source: server- IP address: 50.193.39.26 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-08-24 - 6:22:44 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-08-24 - 6:25:46 PM GMT- IP address: 174.194.142.127 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-08-24 - 6:34:30 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Ken Tanase (kent@cupertino.org) for signature 2021-08-24 - 6:34:32 PM GMT Email viewed by Ken Tanase (kent@cupertino.org) 2021-08-24 - 6:50:23 PM GMT- IP address: 104.47.73.254 Document e-signed by Ken Tanase (kent@cupertino.org) Signature Date: 2021-08-24 - 6:51:01 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-08-24 - 6:51:04 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-08-24 - 6:53:36 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-08-24 - 6:53:44 PM GMT - Time Source: server- IP address: 162.245.22.179 Agreement completed. 2021-08-24 - 6:53:44 PM GMT