Loading...
17-174 Thermal Mechanical Inc., City Hall Air Conditioning Control Board UpgradePurchase Order No. 2018-00000274 CITY OF m PUBLIC WORKS CONTRACT OF $45,000 OR LESS WITH Thermal Mechanical Inc. FOR City Hall Air Conditioning Control Board Upgrade CUPERTINO 1. PARTIES This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Thermal Mechanical Inc. a Corporation , pursuant to Public Contract Code Section 22032 , for work on upgrading the air conditioning control board at City Hall. 2. SCOPE OF WORK Contractor will perfo1m and provide all labor, mate1ials, equipment, supplies, transpo1iation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Attachment A , Scope of Work, and according to the tenns and conditions of this Contract, including all attachments and any other documents and statutes incorporated by reference. If any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract tenns will control. 2. TIME FOR COMPLETION The Work required shall commence on TBD or on the date shown on a written Notice to Proceed ("NTP").The City Engineer will not issue Contractor a written notice to proceed ("NTP") with the Work for the Project until the Contract is fully executed by both parties and City has received all insurance documentation pursuant to Section 13 below and any bonds required for contracts of $25,000 or more, pursuant to Section 14 below. Contractor must fully complete the Work within 30 calendar days from the commencement date ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time . 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, City will pay Contractor a total not to exceed $11,803.00 ("Contract Price"). Contractor must submit an invoice on the first day of each month during the for the Work performed during the preceding month, itemizing labor, mate1ials , equipment and any incidental costs incurred . City will pay Contractor 95% of the undisputed amount(s) billed , within 30 days after City 's receipt of each properly submitted invoice. Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens , or encumbrances upon payment to Contractor. 4. LIQUIDATED DAMAGES Liquidated damages in the amount of$ 200.00 will be charged each day of unexcused delay, or City may deduct said amount from payments. Liquidated damages are based on reasonabl y foreseeable consequences of delay, including actual costs incurred by City and intangible damages such as loss of or interference with use of public properiy or public inconvenience. Upon receiving prompt notice from Contractor of unanticipated events , City may excuse minor unavoida ble delays but Contractor will not b e entitled to additional compensation, subj e ct to provisions of Public Contract Code Section 7102 . C ity Hall A ir Co ndition ing Cont ro l Boa rd Upgrade T herm al M ec hanica l In c Page I Pu b lic Work s Co ntract -Unde r $45 ,000/Rev . Oc t 4 , 20 17 Purchase Order No. 2018-00000274 5 . LICENSES AND PERMITS Contractor must possess a California Contractor 's License in good standing for the following classification(s): C-20. Contractor must obtain a City business license before beginning Work. Contractor is solely responsible for obtaining any required building pennits or similar governmental authorizations for the Work, at Contractor 's sole expense. 6. LABOR CODE COMPLIANCE Unless the Contract Price is $1 ,000 or less , this Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at Section 1720, and the related regulations, including but not limited to requirements pe1iaining to wages, working hours and workers ' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. Prevailing Wages. Contractor must pay prevailing wages applicable in Santa Clara County for each craft, classification or type of worker needed to perform the Work, including but not limited to employer payments for health, pension, vacation, apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor/subcontractor are required to make aggrieved workers whole and to pay City a penalty up to $200.00 per day or portion thereof, for each worker not paid prevailing wages. Working Day. Pursuant to Labor Code Section 1810, a legal day 's work is eight hours of labor. Pursuant to Labor Code Section 1813 , Contractor will pay City a penalty of $25 for each day workers of Contractor or subcontractors are required or pennitted to work more than eight hours a day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. The Work must be done during regular City working days/ hours unless otherwise specified in Attachment A or authorized in writing by City. Payroll Records. Contractor must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812 , and DIR implementing regulations. Contractor and subcontractors must ce1iify under penalty of pe1jury that the infonnation in payroll records is true and correct, as required by Labor Code Sections 1771 , 1811 and 1815 . Contractor must electronically submit certified payroll records to the Labor Commissioner unless the Contract is exempt from DIR registration. Apprentices. If the Contract P1ice is $30 ,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5 . DIR Monitoring, Enforcement, and Registration. This Contract is subject to compliance, monitoring and enforcement by the DIR pursuant to Labor Code Section 1725 .5, unless exempted as indicated below. Contractor/subcontractors must be registered with the DIR to perform public works projects . (1) The registration requirements of Labor Code Section 1725 .5 or for electronic submission of certified payroll records do not apply if the Contract is for : (a) construction, alteration, demolition, installation, or repair and under $25,000; or (b) maintenance and under $15,000. (2) "Maintenan ce" includes routine, recun-ing and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it has been designed , improved , constructed, altered or repaired, carpentry, electtical , plumbing, glazing, touchup painting, and other craft work designed to preserve the publicly owned or publicly C ity Ha ll Air Conditi oning Cont ro l Board U pg rade Thenna l Mechani ca l In c Page2 Publ ic Work s Contra ct -Und e r S45,000/Rev. Oct 4. 20 I 7 Purch as e Order No . 2018-00000274 op erated facilit y in a safe , efficient and continuously usable condition for which it was intended , including repairs , cleaning and other operations on machinery and other equipment pennanently attached to the building or realty a s fixtures , and landscape maintenance including mowing , watering , trimming, pruning, planting , replacement of plants, and servicing of inigation and sprinkler systems . Workers' Compensation Certification. Pursuant to Labor Code Section 1861 , by signing this Contract, Contractor certifies: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 7. AMENDMENTS AND CHANGE ORDERS All amendments or change orders must be in writing and duly autho1ized and executed by City and Contractor. Contractor 's request for a change order must specify the proposed changes in the Work and any adjustments in Contract Price or Contract Time. Each such request must be accompanied by all supporting documentation, including but not limited to plans/drawings , detailed cost estimates, and impacts on schedule and completion date. 8. STANDARDS AND COMPLIANCE Contractor will use its best efforts to complete the Work in a professional and expeditious manner as required by this Contract and all permit requirements. Contractor 's workmanship must meet or exceed industry standards and comply with applicable local , state, and federal laws , regulations , rules , and requirements . By executing this Contract Contractor wanants that all Work will he perfonned by qualified and experienced pers01mel , and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that w ould create a conflict of interest. 9. INDEPENDENT CONTRACTOR Contractor is an independent contractor and is responsible for the Work and the means and methods by which it is perfonned . Contractor is not a City employee nor entitled to any employee benefits . 10. COMPLIANCE WITH LAWS Contractor must comply with all applicable local , state and federal laws , rules and regulations . Contractor will promptly advise City of any change in applicable laws or other conditions that may affect City 's project or Contractor 's ability to perform . In addition , Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors perfo1111ing the Work, pursuant to the Immigration Refonn and Control Act or similar federal or state rules and regulations governing employment of immigrants . Contractor must indemnify and hold City hannless from and against any loss , damage, liability, costs or expenses arising from Contractor 's failure to comply with this section. 11 . NON-DISCRIMINATION Discrimination against any person, prospective, or present employee of Contractor in c01mection with this Contract in violation of federal , state or local law is prohibited . There shall be no discrimination on C it y Hall A ir Co nditi oning Cont ro l Boa rd Upgrade T her mal Mechanica l In c Page 3 P ubli c Wo rk s Cont ra ct -Unde r $45 ,000/Rev. Oc t 4 , 20 17 Purch ase Order No. 2018-00000274 the basis of race, religious creed , color, ancestry, national origin, ethnicity, handicap , disability, marital status, pregnancy, age , sex , gender, sexual orientation , or any other protected classification, including gender identity, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) Contractor, its employees and subcontractors , must comply with all anti-discrimination laws , including but not limited to civil rights laws , the California Fair Employment and Housing Act , Gov. Code Sec . 11135 , and Labor Code Sec. 1735 and 3077 .5. Violations of this provision constitute a mate1ial breach. 12. INDEMNITY To the fullest extent allowed by law , Contractor must indemnify, defend , and hold harmless City, its City Council , boards and commissions , officers , officials , agents , employees , consultants and volunteers ("Indemnitees ") from and against any and all liability, claims , stop notices , actions, causes of action , demands, losses, damages , and expenses (including legal expenses) whatsoever, including liability arising from injury or death of any person, or damage to property or other liability of any nature, arising out of, pertaining to , or related to the Work or perfonnance of this Contract ("Liability"), including failure to comply with any obligations herein by Contractor or Contractor 's directors , officers , officials , employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the sole negligence or willful misconduct of an Indemnitees. Contractor 's failure or refusal to timely accept a tender of defense will be deemed a material breach of the Contract. City will timely notify Contractor upon City 's receipt of any third-paiiy claim relating to the Contract, as required by Public Contract Code Section 9201 . No Indemnitee will be personally liable to Contractor or Contractor 's directors , officers , officials , employees, agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers' compensation laws or other employee benefit statutes , or by the insurance coverage or bond limits required under this Contract , and will survive the expiration or any early tennination of the Contract. 13. INSURANCE Contractor shall comply with all the insurance requirements in Attaclunent C -Insurance Requirements , attached and incorporated herein by reference. Contractor shall not commence any work or provide any Services until after all insurance requirements are met. Coverage must include the policy types and limits specified below , insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor 's performance under the Contract. City will not execute the Contract nor issue a NTP until Contractor has submitted satisfactory certificates of insurance and endorsements , evidencing the type, amount, class of operations covered , and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best 's financial strength rating of "A " or better and a financial size rating of "VII " or better. If Contractor fails to provide or maintain any of the required insurance coverage, City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense , deduct costs from payments to Contractor, or terminate the Contract for default. 14 . BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a perfonnance bond for the Work, each in the penal sum of not less than 100% of the Contract Price, using the bond fonns included in this Contract under Attaclunent B , Bond Fonns. Each bond must be issued by a surety admitted in California. If an C ity Hall Ai r Conditi on in g Cont ro l Board U pgrad e Th ermal Mec hanica l In c Pa ge4 Pub li c Wo rks Contract -Under $45.000/Rcv. Oct 4 , 20 17 Purchase Order No . 2018-00000274 issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City, within seven calendar days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without p1ior notice to Contractor, purchase such bond(s) at Contractor 's expense and deduct the cost from payments otherwise due to Contractor, or tem1inate the Contract for default. 15 . ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City 's prior written consent. The terms and conditions of this Contract are binding on Contractor 's heirs , successors , and assignees. 16. SUBCONTRACTORS Contractor may use qualified , competent subcontractors to perform up to 50 % of the Work, provided each subcontract expressly requires subcontractors to be bound by the provisions of this Contract, including but not limited to the indenu1ity and insurance requirements . It is Contractor 's responsibility to ensure that Subcontractors maintain the required insurance certificates, minimum coverage, additional insureds endorsements , indemnity, and waivers of subrogation. Contractor agrees to include these insurance requirements and indenmity provisions in any contract with a Subcontractor. Contractor shall require Subcontractors to provide valid certificates of insurance and endorsements prior to commencement of Work and shall provide proof of compliance to City. Subcontractors must agree to be bound to Contractor and City in the same maimer and to the same extent as Contractor is bound to City under the Contract Documents. Subcontractors mus t include these requirements in any contract with a Sub-subcontractor. A copy of this Agreement and its insurance provisions will be furnished to the Subcontractor upon request. City reserves the 1ight to reject any subcontractor of any tier, and to bar a subcontractor from perfonning further Work on the Project, if City, acting in its sole discretion, determines that the subcontractor 's performance or failure to perform does not meet the requirements of this Contract , or for any of the reasons set forth in Public Contract Code Section 4107 . If City rejects a subcontractor pursuant to this section, Contractor must either self-perfonn the Work of that subcontractor or replace the subcontractor with one that is acceptable to City, at no additional cost to City. 17. UTILITIES, TRENCHING AND EXCAVATION A. Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging. For underground service alerts for City street lighting and traffic signal conduits , Contractor must also , before commencing any Work , call the City of Cupe1iino Service Center at (408) 777-3269 . B. As required by Govenunent Code Section 4215 , if, while perfonning the Work, Contractor discovers utilities or utility facilities not identified by City, Contractor must immediately provide w1itten notice to City and to each known utility. C. As required by Government Code Section 7104 , Contractor must promptly notify City in w1iting if Contractor finds any of the tlu·ee conditions listed below , and wait for fu1iher direction from City before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or more of the following three conditions is or are present and that the presenters of any C ity Ha ll Air Cond iti onin g Cont ro l Boa rd Upgra de T herm a l Mec hani ca l In c Page 5 P ubl ic Work s Co ntra c t -Under $45 ,000/Rev. Oct 4 . 20 17 Purchase Order No. 2018-00000274 such condition will cause a decrease or increase in Contractor's cost of or time required for performance of the Work, City will amend the Contract Time or Contract Price for the Work as required by law: (1) Mate1ial that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II , or Class III disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite differing from those indicated by infonnation about the worksite made available to Contractor; and (3) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. D. As required by Labor Code Section 6705, if the Contract Price exceeds $25,000 and the Work includes excavation of any trench or trenches five feet or more in depth , a detailed plan must be submitted to City, or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions for worker protection from potential hazards of caving ground . If the plan varies from the sho1ing system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 18. RECORDS AND DAILY REPORTS Contractor must maintain daily repo1is on the Work and submit them to City upon request and at completion of Project. Daily rep01is must describe: the Work perfonned that day; the number of workers and hours performing the Work; the equipment and hours of labor used for each task; a description of weather conditions; and any circumstances affecting the plaimed progress of the Work. All such rep01is are the exclusive property of City, but Contractor is pennitted to retain copies for its records. Unless otherwise specified in Attaclunent A , Contractor must maintain and update a separate set of as- built drawings during perfonnance of the Work, showing any changes to the Work Scope in Attachment A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work, including but not limited to, as applicable: mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City detennines should be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs, including but not limited to piping, conduit, ductwork, and drain lines , must be shown by dimension and elevation. 19. CONFLICTS OF INTEREST Contractor wanants it does not have a conflict of interest in connection with this Contractor or the Work. Contractor shall comply with conflict of interest laws under Government Code section 1090 et seq., the Political Refonn Act, Govermnent Code section 81000 et seq., and all accompanying regulations. Contractor warrants that neither Contractor, subcontractor, nor their employees are employed by City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. If Contractor acts in a staff capacity or makes governmental decisions during the Contract Tenn, Contractor may be required to fill out a conflict of interest fonn pursuant to Title 2 , Division 6, Section 18700 of the California Code of Regulations . C ity Hall A ir Conditi onin g Cont ro l Bo ard Upg rad e Th ennal M ec h ani ca l In c Page6 Pu b li c Wo rks Cont rac t -Unde r $45 ,000/Rev. Oc t 4. 20 17 Purcha se Order No. 201 8-00000274 20. NOTICES All notices, demands , requests or approvals under this Contract must be given or made in w1iting and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City of Cupertino 10300 ToITe A venue Cupertino CA 95014 Attention: Ken Tanase Copy to: Jonathan FeITante Email: kent@cupertino .org 21. URBAN RUNOFF MANAGEMENT Contractor: Thennal Mechanical Inc. Address: 425 Aldo Ave. Santa Clara, CA 95054- 2322 Attention: Wayne Shipley Copy to: Email: All Work on the Project must fully comply with federal , state, local and City regulations concerning stonnwater 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 stonn drains. Contractor will also develop and implement erosion and sediment controls to prevent pollution of stonn drains . Contractor must implement these controls prior to the start of the Work, upgrade them due to weather conditions or as othe1wise required by City, maintain them dming construction or other Work phases to provide adequate protection, and remove them at the end of construction and completion of the Work. Such controls must include, but will not be limited to , the following requirements: A. Install st01m drain inlet protection devices such as sand bag baniers , filter fabric fences , and block and gravel filters at all drain inlets impacted by construction. Dming the annual rainy season, October 15 tlu·ough June 15, stonn drain inlets impacted by construction work must be filter -protected from onsite de-wate1ing activities and saw-cutting activities. Shovel or vacuum saw-cut slmTy 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. F. The requirements stated abo v e are intended to be used in conjunction with the California Storn1water Quality Ass ociation a nd California Best Management Practices Municipa l and Construction C ity Ha ll A ir Conditio nin g Cont ro l Boa rd Upgrade T h en na l M echan ica l In c Page 7 Pu b li c Wo rks Co ntra ct -Under $45,000/Re v. Oct 4. 20 17 Purchas e Order No . 2018 -00 000274 Handbooks , local program guidance mateiials from municipalities, and any other applicable documents on stonnwater 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. 22. EARLY TERMINATION City may tenninate this Contract for convenience or for cause, upon written notice to Contractor. Contractor's failure or refusal to perfonn the Work as required will be deemed a default. If not cured to City 's satisfaction within two days after delivery of written notice of default to Contractor, City may, in its sole discretion, elect to do one or more of the following: A. Tenninate the Contract i1mnediately, upon written notice to Contractor. B. Complete the Work using City's own forces and charge Contractor for all resulting costs and expenses, including City staff time. C. Retain another contractor to complete the Work and charge Contractor for costs and expenses. D. Require the perfonnance bond surety to pay for completion of the Work. E. Pursue any other remedy available to City at law or under this Contract. If City tenninates the Contract, City will owe Contractor only for Work satisfactorily perfonned before Contract tennination date. Nothing in Section 23 below is intended to delay , abridge or bar City 's right to tenninate this Contract early pursuant to this section. 23 . DISPUTE RESOLUTION, LAW AND VENUE Contract disputes are subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., incorporated here by reference. Interpretation and enforcement of this Contract are governed by California law, and venue for any legal action shall be the Supeiior Court for the County of Santa Clara, California. Contract disputes are subject to the requirements of the California Govenunent Claims Act. 24 . ADVERTISEMENT Contractor may not post, exhibit, or display any advertising signage at the Project site without piior w1itten approval from City. This section does not apply to signage intended or required for general safety while Work is in progress. 25. WAIVER City waiver of any breach of a contract provision or condition, or the acceptance of work or payment for said work, shall not constitute a waiver of any other breach of this Contract. 26. WARRANTY Contractor guarantees the Work and mate1ials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work as complete ("WaiTanty Period "). Dming the Wan-anty Period, upon notice from City of any Work defects, Contractor must, at its sole e xpense, promptly repair C ity Ha ll Air Conditi on in g Control Board Upgrade Th ermal M ec hani ca l In c Page 8 Public Work s Con tra ct-Und e r $45.000/Re v. Oct 4, 20 17 Purchase Order No . 2018-00000274 or replace the defective Work or materials and any other Work or mate1ials that are displaced or damaged during the waiTanty work, excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, attachments, and documents and statutes attached, referenced , or expressly incorporated herein, including any duly authorized and executed amendments or change orders, constitute the full and complete understanding of every kind or nature between City and Contractor with respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any tenn or provision of this Contract is detennined by a comi to be illegal, invalid or unenforceable, the legal p01iion of said provision and all other contract provisions shall remain in full force and effect. 28. SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26 (WatTanty) expressly survive tennination or expiration of the Contract. 29. INSERTED PROVISIONS Each provision and clause mandated by law will be deemed to be included in this Contract for purposes of interpretation and enforcement. If through mistake or otherwise any such provision was omitted or inconectly inserted , the Contract will be deemed amended accordingly. The Parties will work in good faith to give meaning to the intent of this Contract. 30. CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect, limit or amplify the te1111s or provisions of the Contract. 31. AUTHORIZATION The persons signing below wanant they have the authority to enter into this Agreement and 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. C it y Hall Air Co ndit ionin g Co nt ro l Boa rd Upgra de Th erm al Mec hani ca l In c Page 9 Public Work s Co ntra c t -Under $45,000/Rev. Oc t 4, 20 17 Purchase Order No. 2018-00000274 IN WITNESS WHEREOF , the paiiies have caused this Contract to be executed. CONTRACTOR Thennal Mechanical Inc., CITY OF CUPERTINO, a Municipal Corp~ By ~~. Wayne-&mp~~o ou Title: ~e,z;.~t t.J i .,() I Date: t( ( 1..-'1 l w fJ APPROVED AS TO FORM: /j: ~ ~ Randolph Hom Title: City Attorney City Attorney 's Offic e Date: ------------ C it y Ha ll Air Conditioning Control Board Up grad e Th e rm a l Mechani cal In c Title: Director of Public Works Date: ATTEST: By: ~'J± Grace Sclunidt Title: City Clerk City of Cupe1iino Date: _/_· 2_-_2-_,__/ --___./'---1'7'------- P age 10 Contract Amount: $ 11 ,803 .00 P .O. No . 2018-00000274 Account No. I 00-87-827-700-702 Publi c Work s Co ntra ct -Und er $45,000/Rev. Oct 4. 20 17 Attachment A -Scope of Work Contractor will perfonn the following Work for the Project, within the Contract Time set fo1ih in Section 2 and for the Contract Price set fo1ih in Section 3 of this Contract: See attached C ity Ha ll Air Conditioning Cont ro l Board Upg rad e Th erm a l M echani ca l In c Public Work s Co ntra c t -Und er $45 ,000/Rev. Oc t 4, 20 17 Pa ge 11 THERMAL September 18 , 2017 CITY OF CU PERTI NO 10555 Mary Avenue C up ertino, CA 95014 MECHANICAL, INC . MECHANICAL CONTRACTOR -License #25 6057 Specia li zing in H.V.A .C., Pro cess Pipin g, Sheet Meta l, Plumbing, D.D.C. Control s, and Se rvice of all re lated sys tems. 425 ALDO AVENUE , SANTA CLARA , CA 95054-2322 TELEPHONE (408) 988-8744 FAX (408) 988 ·0233 EXH I B !T 11 A11 Attention: Mr. Ty B lo omqu ist , Actin g Supervisor S ubject: McQuay Un it @ C it y Ha ll. Dear M r. Bloomquist, Our Ser vice fo remen , Mr. Long, had the oppmtuni ty to eval uate the McQu ay Uni t at City Ha ll that h as experien ced so m e operatin g difficulties. T he Un it , Seri a l #5SF07 02400, has a Con trol Board Issue. The part is n o longer supported by the facto ry as a replacement part. There are aftermarket repair sta tions th at c laim the y h ave the ab ility to repair the board but we arc skept ica l as th e repairs can be cost ly. T h e1rn a l Mechanical fee ls the better approach is to upgra de the Co ntrol Package with After Market, Up dated Cont ro l. We wo uld like to offer that in o ur proposal. Because of th e Unit Age and the co st lo repa ir just the Co ntrol Package th ere may b e som e consideration g iven to replacement. But in lou of replacem ent , we fee l for a project price of $11 ,803 .00 we ca n offer a New Upgrad ed Co ntrol Package tha t w ould p lace t he unit ba ck into re li a bl e serv ice. The process would require some do w n tim e but following th e up grade we fe e l that the w1it will be bac k int o co ntro l. Should yo u ha ve a ny questions please contact ow· Serv ice Department Office . Very trul y yours, ~ -----\ Serv ice Manager A ppr ved By 1 /;;-<f /; 2 ~ I Date 2t.J..1 -(!('O('(// 2 7 (/ PO # De s ig n Sales Service of: A ir Conditioning Heatin g Plumbin g Proces s Piping D .D.C. & Pn e umatic Control s In bu si ne ss s ince 1969 -www.Thermalmech.com /E-m a il: The mial @the rmalmcch .com WE ARE AN EQUAL OPPORTUNITY EMPLOYER C ity Hall Air Co nditionin g Control Boa rd Upgrade Th erm al Mechani ca l In c END OF ATTACHMENT A Public Work s Co ntra ct -Und er $45.000 /Re v. Oc t 4. 20 17 Page 12 ATTACHMENT C -INSURANCE REQUIREMENTS A. Required Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Attaclunent A: (1) Commercial Gen eral Liability ("CGL ") Insurance : The CGL policy must be issued on an occurrence basis , w1itten on a comprehensive general liability form , and must include coverage for liability arising from Contractor 's or its subcontractor 's acts or omissions in the performance of the Work, including contractor's protected coverage, blanket contractual , completed operations , vehicle coverage and employer 's non-ownership liability coverage, with limits of at least $2 ,000,000 per occmTence and $4,000,000 in the aggregate . The CGL policy must protect against any and all liability for personal injury, death , or prope1iy damage or destruction aiising directly or indirectly in the perfonnance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set fo1ih in this Contract. a. It will 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 will be made available to the Additional Insured and will be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy, whichev er is greater. b. The Additional Insured coverage under the C ontractor 's policy will be "primary and non- contributory" and will not seek contribution from the City's insurance or self-insurance and will be at least as broad as CG 20 01 04 12. c . The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance will contain or be endorsed to contain a provision that such coverage will also apply on a primary and non-contiibutory basis for the benefit of City (if agreed to in a written contract or agreement) before the City 's own insurance or self- insurance will be called upon to protect it as a named insured. Contractor will maintain insurance as required by this contract to the fullest amount allowed by law and will maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the contractor. (2) Coniprehensive Automobile Liability Insuran ce : The automobile liability policy must be issued on an occurrence basis , with limits of at least $1 ,000,000 per occmTence for bodily injury and $1 ,000,000 per occmTence for property damage, or combined single limit of $1 ,000,000 per occmTence, covering owned, non-owned and hired automobiles. (3) Worker s ' Compensation Insuranc e and Employ er 's Liab;/;ty Insuranc e : The workers ' compensation and employer 's liability policy or policies must comply with the requirements of the California Workers ' Compensation Insurance and Safety Act, providing coverage of at least $1 ,000 ,000 or as otherwise required by the statute. If Contractor is self-insured , Contractor must provide its Certificate of Pennission to Self-Insure, duly authorized by the DIR . C ity Ha ll A ir Co nditi onin g Cont ro l Board Upg rad e Th erm a l Mec hani ca l In c Page 13 Pub li c Works Cont ra ct -Unde r $45.0 00/Rev. Oc t 4 , 20 17 B . Builder's Risk Insurance. Contractor must provide builder 's risk insurance only if the box below is checked . D Builder's Risk coverage is required for this Contact. The builder 's risk policy must be issued for course of construction on an occurrence basis , for all-Iisk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, and name the City as a loss payee as its interest may appear. If the Project does not involve new or major reconstruction, the City may elect , acting in its sole discretion , to accept an installation floater policy instead of builder 's risk. The installation floater policy must provide property damage coverage for any building, structure, machinery, or equipment damaged , impaired , broken , or destroyed during the performance of the Work, including during transit , installation, and testing at the City 's site. C. Additional Insureds. City, including its City Council , boards and conunissions , officers , officials , agents , employees , consultants and volunteers , must be named as additional insureds under Contractor 's insurance policies required under this section , except under the worker 's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any extension thereof. Any other insurance held by an addition a l insured will not be required to contribute anything toward any loss or expense covered by Contractor 's insurance. D. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies is in force and will not be reduced , cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums , in which case ten days advance written notice must be provided to City. Such notice must be sent to City via ce1iified mail and addressed to the attention of the City Manager. E. Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. F . Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk or installation floater policy, ifrequired, must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse, underground excavation hazard , or removal of lateral suppo1i. G. Forms of Certificates of Insurance and Endorsements. Each ce1iificate of insurance and endorsement must provide the name and policy number of each caITier and policy, using a f01111 and C ity Ha ll Air Conditi onin g Cont ro l Boa rd Upgra de Therma l Mechani ca l In c Page 14 Pu b lic Works Co nt rac t -U nder $45,000/Rev. Oc t 4. 20 17 fonnat acceptable to City. H. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its perfornrnnce of Work on the Project, including those requirements related to the naming of additional insureds and waivers of subrogation. C ity Hall Air Co nditi onin g Cont rol Board Upgrad e Th erm al Mechani ca l In c END OF ATTACHMENT C Public Works Contract -Under $45.000/Rev. Oct 4. 20 17 Page 15 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 12/5/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRoDucER R isk Strategies Company CONTACT Amber O li va n ARM NAME: 1400 Rocke Rid~e Drive, Suite 280 PHONE 916 .367.4303 I FAX 916 .978 .1579 Roseville, A 9 661 /A/f' .,n i:vtl· /A/C Nol : E-MAIL aoli van@ risk-strateaies .com ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# www .risk-strategies.com INSURER A: Travelers ProDertv Casua ltv Co of America 25674 INSURED INSURER B : St Paul Surolus Lines Insurance ComDa nv 30481 Thermal Mechanical , Inc. INSURER C : 425 Aldo Avenue Santa Clara CA 95054 INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 39100878 REVISION NUMBER : THIS IS TO CERTIFY T HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR COND ITION O F ANY CONTRACT OR OTHER DOCUMENT WITH RESP ECT 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 CONDIT IONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR ,~~M%Mii 1 POLICY EXP LTR TY PE OF INSURANCE l n,~n ""'n POLICY NUMBER MM/DD/YYYYI LIMITS A ..L COMMERCIAL GENERAL LIABILIT Y I I DT22C08G80535ATIL 17 4/1/2017 4/1/2018 EAC H OCC URRENCE s 1 000 000 ~ CLA IMS -MA DE W OCC UR DAM AG E TO RENTED PREMISES (Ea occu rre nce ! S300 ,000 -MED EXP (A ny one person) S5 ,000 PE RSO NAL & ADV INJUR Y s 1,000 000 -GE N'L AGGR EGATE LI MIT APPLIE S PE R: GENE RAL AG GREGATE $2 ,000 ,000 ~ 0 PRO-D S2 000 000 POLI CY JECT LO C PRO DU CTS · COM P/OP AGG OTHE R: $10 000 Deductib le s A AUTOM OBILE LIABILITY I DT8108G80535ATIL 17 4 /1/2017 4 /1/2018 COM BIN ED SINGLE LIMIT s 1,000,000 ./ (Ea accident\ - ..L ANY AUT O BO DIL Y INJU RY (Per pe rso n) s -OW NED SCHEDULED BODIL Y INJUR Y (Per accident) S AUT OS ONLY AUTO S --HI RE D NON-OW NE D PRO PE RTY DAMAG E AU TOS ON LY AUT OS ONL Y Comprehensive & Collision (Per acc ide ntl s -- Deductibles -$1 000 Hired Auto Phvsical Dmc s Included A UMBRELLA LIAB H OCC UR I I CU P2J5107231726 4 /1/2017 4/1/2018 EAC H OCC UR REN CE S5 000 000 -I EXCESS LIAB CLA IM S-MA DE AG GR EGATE S5 000 000 OED I I RE TENT 10N s N/A s A WORKERS COMPENSATION I DT JUB8G80535A 17 4/1/2017 4/1 /2018 / I ~ffTuTE I I OTH- AND EMPLOYERS ' LIABILITY ER Y/N ANYPR OPRIET OR/PARTNER/E XECUTIVE GJ E.L. EAC H ACC IDENT s 1,000 ,000 OFFI CER/MEMBER EX CLUDED ? N /A Officers Excluded : (Mandatory in NH) -Richard Rood E.L. DI SEAS E· EA EMPLOYEE s 1 ooo non If yes, describe u nd er DE SC RIPTI ON OF OPERATIONS below -David Rood E.L. DI SEAS E · POLICY LIMIT s 1 000 000 B Pollution/Professional Li ability 61M76490 4 /1/2017 4/1/2018 $2 ,000 ,000 Per Occ/Aggregate Limit A Rented/Leased Equipment QT6607 F 312272T IL 17 4/1/2017 4/1/2018 $100 ,000 Limit Subject to $2 ,500 Ded DES CRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101 , Additional Remarks Schedu le, may be attache d if more space is require d) RE : McQuay Unit at City Hal l. The City of Cupertino , its City Council , Boards and Commissions , Officers , Officia ls , Agents , Employees , Consultants and Volunteers are included as additional insured on a p rimary and non-contributory basis for the General Liability , Automobile Liability , and Excess Liability policies . Waive r of subrogation in favor of said parties applies to the General Li abili ty , Automobile Li abi lity, Excess Li abili ty , and Employers' Liability policies . All endorsements attached . CERTIFICATE HOLDER CANCELLATION Cit¥ of Cupertin o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 55 mare Avenue ACC ORDA NCE WITH THE POLICY PROVISIONS. Cupertino A 95014 AUTHORIZED REPRESENTATIVE /"~-/'' "?--.. 14 /1 ,.,~ (__,,/['A,·£-V .?··.// .. ·<) ~ i.-~ L ··· .,;-"~l-··'- Mi c hael Christian ' / .. I © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 39 100878 I 1 7 -1 8 TMI All Lines I Amber Olivan f 12/5/2017 2:37:45 PM {PST) j Page 1 of 14 Thermal Mechanical , Inc. DT22C08G80535ATIL 17 4/1/2017 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies . The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization . 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render , any professional architectural , engineering or sur- veying services , including : i. The preparing , approving, or failing to prepare or approve , maps, shop draw- ings, opinions , reports, surveys, field or- ders or change orders, or the preparing, approving , or failing to prepare or ap- prove , drawings and specifications; and ii. Supervisory , inspection , architectural or engineering activities . c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period , whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess , contingent or on any other basis , that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss , and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary , excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim . To the extent possible , such notice should include : CG 02 46 08 05 © 2005 The St. Paul Travelers Companies , Inc . Page 1 of 2 3910 0 878 I 1 7 -18 TM! A ll L i nes I Amber Olivan I 12/5/20 1 7 2:37 :45 PM (PST) I Page 2 of 14 COMMERCIAL GENERAL LIABILITY i. How , when and where the "occurrence" or offense took place ; ii. The names and addresses of any injured persons and witnesses ; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense . b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received ; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable . c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit " to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However , this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above . 5. The following definition is added to SECTION V. -DEFINITIONS : "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part , provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed : a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period . Page 2 of 2 © 2005 The St. Paul Travelers Companies , Inc . CG D2 46 08 05 39100878 I 17 -18 TMI All Lines I Amber Olivan I 12 /5/2017 2 :37 :1 5 PM (PST) I Page 3 of 14 Thermal Mechanical , Inc . DT22C08G80535ATIL 17 4/1/2017 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury , damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determin e rights, duties , and what is and Is not covered . A . Aircraft Chartered With PIiot 8. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who ·is An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -B roadene d Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured -Owners, Manage rs Or Lessors Of Premises PROVISIONS A . AIRCRAFT CHARTERED WITH PILOT The following Is added to Exclusion g ., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN· JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pflot to any insured; (b) Not owned by any Insured; and (c) Not being used to carry any person or prop- erty for a charge . 8 . DAMAGE TO PREMISES RENTED TO YOU 1. Tile first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILlTY is deleted. ·. 2 . T t1e following re p laces the last paragrap~1 of Paragrapt, 2., Exclusions , of SECTION I - COVERAGES -COVERAGE A BODILY H. Blanket Additional Insured -Lessors Of Leased Equipmen t I. Blanket Additional Insured -States Or Political Subdivisions -Permits J . Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Wa iver Of Subrogati on M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI · ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1}(a) does not apply to "premises damage" caused by: a. Fire; b. Explosi ori; c. Lightning; d. Smoke resu lting frorn such f ire, ex p losion, or lightning; or e. Water; unless Exclusion f . of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion -A ll Pollu- tion Injury Or Damage or Total Pollution Ex- clu s ion in its title . A separate limit of in s urance applies to "premi s es damage" as described ln Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE . Pa ge 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC· TION Ill -LIMITS OF INSURANCE: Subject to 5. above, the Daniage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of tl1e definition of "insured contract" in the DEFINl· T10NS Section: a. A contract"for a lease of premises. How- ever, that portion of the contract for a · lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: · "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises ls rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is Insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS -COVER· AGES A AND B of SECTION I -COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND 8 of SECTION I -COVER- AGES: d. All reasonable expenses incurred by the insured at our req·uest 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. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of ''oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II~ WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licerised practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other. than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- v[ ces" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. 39100878 J 17 -18 TM! All Lines I Amber Olivan I 12/5/20 1 7 2 :37 :45 PM (PST) I Page 5 of 14 CG 03 16 11 11 3 .. The following is added to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purpos es of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily inj ury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insu red. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency med ical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex· cess Insurance, of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance 1s excess over any valid and collectible other insurance available to the in - sured, whether primary, excess, contingent or on any other basis, that is available to any of yo_w . "~mployees" or ''volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services'' to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Pa ragra ph 4. of SECTION II -WHO IS AN INSURED : COMMERCIAL GENERAL LIABILITY 4. Any organiza tion you newly acquire or form, other than a partnershfp, joint venture or lim- ited llablllty company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will . qualify as a Named Insured if there is no other Insurance · which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acqufre or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it ; or {2} Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization , if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "properly damage" that occurred before you acquired or formed the organization ; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense commi tt ed before . you acquired or formed the organization. F. WHO IS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The followi ng is added to SECTION II -WHO IS AN INSURED : Any of your subsidiaries, other than a partnersh ip , joint ven t ure or limited liability company, that Is not shown as a Named Insure d in the Declara- t ions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no long er main1ain an ownership interest of m ore than 50% in such sub- sidiary. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you ilave agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b . Arises out of the ownership, maintenance or us·e of that part of any premises leased to you. The insurance provided to such premises owner , manager or lessor is subject to the following pro- v isions: a. The limits of insurance provided to such premises owner, manager or lessor wil l be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b . The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occms, or "personal injury'' or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or tessor Is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unloss you have agreed In the written contract or agreement 1hat 1his in- surance must be primary to, or non- contributmy with , such other insurance, in which case this insurance will be primary to , and non-contributory with, such other insur- an c e. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following is added ta SECTION II -WHO JS AN INSURED: Any person or organization that Is an equiprnerit lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part Is an Insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" lhat: a. ls "bodily injury" or "property damage" that occurs, oi-ls "personal injury" or "advertising injury" cau s ed by an offense that is commit- ted, subsequent to the execution of that con - tract or agreement; and b. Is caused, in whole or in part , by your acts or on1isslons in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The l imits of insurance provided to such equtpment lessor will be the mintmum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance prov ided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury'_' caused by an of- fense that is . committed, after tl1e equipment · 1ease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whethe r primary, excess, contingent or on any other bas is, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance , in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDIT10NAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS The fo llowing is added to SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connect ion with operations performed by you or on your behal f and t hat you are required Paoe 4 of 6 © 2011 Til e T ravelers) 111dernnlt}" Co rnpany . All righ ts r eserved . 39 1 00878 I 17 ~8 TMI All Lines J Amber Olivan I 1 2/572017 2:37 :45 PM (PST Page 7 of 14 CG D3 16 11 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury'\ "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a.· Any "bodily injury,'' "property damage," "per- sonal Injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR. OFFENSE The following is added to Paragraph 2., Dµties In The Event of Occurrence, Offense, Claim or Sult, of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS; e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. ofSection II:... Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an Individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who Is an individual (if you are a lim ited liabi lity · company), any of your "executive offi - cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- . i-enceu or offense is known by: (a) Any indivi dual who is: (I) A partner or rnernber of any part- nership or joi nt venture; COMMERC IAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture , limited Ii~ ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable If it Is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us . of the "occurrence" or offense as soon as practicable after any of the persons de- scribed In Paragraphs e. (1) or (2} above discovers that the "occurrence" or offense may result in sums to which the Insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en~ dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants'' must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV ~ COMMERClAL GENERAL LIABILITY CONDITIONS: The unintentf onal omission of, or unintentional error in, any infor111ation provided by you which we relied upo n in issuing this policy wlll not preju- dice your rights under this insurance. However, t his provision does not affect our right to collect additional premium or to exercise our rights of cance llation or nonrenewal in accor·dance with applicable insurance laws or regulations . L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer · Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the Insured has agreed in a contract or agree- ment to waive that lnsured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. ".Personal injury" or "advertising injury" caused by an offense that is cornmitted; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The foflowing replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time . N. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Par1:1graph c. of the definition of ''Insured contract" in the DEFINI· TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in tile DEFINITIONS Section is de- leted. CG 03 16 11 11 Thermal Mechanical , Inc . DT8108G80535ATIL 17 4/1/2017 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insu rance prov ided under the following : BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11-COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over wh ich you maintain 50% or more ownership interest and that is not separate ly insured for Business Auto Coverage . Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "i nsured" under the Who Is An Insured provision contained in Section II . C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured , of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto• hired or rented under a contract or agreement in an "employee's" name, with your permission, while perform ing duties related to the conduct of your busi- ness . 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physica l Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "autoM hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 ~ 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Service& Office, Inc. with Its permission. 39 1 00878 j 1 7-1 8 TMI Al l L i n es J Amber Olivan I 12 /5/20 1 7 2 :37 :4 5 PM (PST) I Page 1 0 of 1 4 COMMERCIAL AUTO perm1ss1on, whi le performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from wor1c. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the wor1d , except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you tease, hire, rent or borrow without a driver for a period of 30 days or les s and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnersh ip), members (if you are a limited liability company) or members of their households. (a) W ith respect to any claim made or "su it " brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against , and investigate or set- tle any such claim or "suit" and keep us advised of all proceed in gs and ac- tions. (ii) Ne ither you nor any other involved "insured" will make any sett lement without our consent. (iii) We may, at our discretion , part ici pate in defending the "insured" against, or in the settlement of, any claim or "su it". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para-. graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of In surance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance ava il able to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re - quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 @2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc . with Its permission . 39100878 I 1 7-18 TMI All L ines I Amber O livan I 12/5/20 1 7 2 :37 :45 PM (PST) I Page 11 of 14 You agree to ma intain all required or compulsory insurance in any such coun- try up to the min imum lim its required by lo cal law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized Insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no respons ibility for the furnishing of certificates of insurance, or for compliance in any way with the la ws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph 0., Deducti- ble , of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the g lass is repaired rather than replaced. H . HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses , of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses , of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto " of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles app ly to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclus ion 3.a. does not apply to "loss" to one or more airnags in a covered "auto" you own that in - flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airnags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1 ,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of · SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee• authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T 3 53 021 5 @ 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. With Its permission. 39 1 00878 j 17 -1 8 TMI All Lines I Amber Ol i van I 12/5/2017 2 :37 :45 PM (PST) I Page 1 2 of 1 4 COMMERCIAL AUTO such con tract . The wa iv er applies only to th e person or organi zat ion designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS T he following is added to Pa ragraph 8 .2., Con- cealment, Misrepresentation , Or Fraud , of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any infom,ation given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect ou r right to col- lect add it io na l prem ium or exercise our right of cancellation or non-renewa l. Page 4 of 4 @ 2015 The Travelers Indemnity Company. All righ ts reserved. CA T3 53 0215 Includes copyrighted material of Insuranc e Services Office, Inc. with Its permission. 39 1 00878 I 17 -18 TM! All Lines I Amber Olivan I 12/5/2017 2 :37 :45 PM (PST) I Page 13 of 14 ..... TRAVELERS] ONE TOWE R SQUAR E HARTFORD, CT 06 1 83 WORKERS COMPENSATION AND EMPLOYERS LIAB ILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER:DT JUB8G80535A 17 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the r ight to recove r our payments from anyone li ab le for an inj ury covered by th is pol icy . We will not enforce our r ight against the person or organization named in the Sc hedule . The add itional p re mium fo r this endorsement shall be % of the Californ ia workers' compen sation pre- mium . Schedule Person or Organization Job Description T hi s endo rsement changes t he po licy t o wh ich it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the po licy.) Endorsement Effective Policy No . OT JUB8G8053 5A 17 Endorsement No. Insured The rmal M ech a n ical , In c . Premium In su rance Company Counte rsigned by ____________ _ DATE OF ISSUE: ST ASSIGN: Page 1 of 1 39 1 00878 I 17 -1 8 TM! All L i nes I Amber Olivan I 12 /5 /2017 2:37 :45 PM (PST ) I Page 14 of 14