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18-026 Prime Mechanical Service, Inc., City Hall Network Equipment Room Air Conditioner Replacement
CI TY OF m CUPERT I NO 1. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("Contract") is made and entered into on February 23, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Prime Mechanical Service, Inc. , a Corporation ("Contractor") for City Hall, Network Equipment Room air conditioner replacement 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and arty other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on May 12, 2018 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed . The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $18,358.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes , insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month , describing the Work performed during the preceding month, itemizing labor, materials , equipment and Public Works Project City Hall, Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page I of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s):C-20 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate , or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity . This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project City Hall. Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 2 of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time , and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity , flyers, press releases, posters, brochures , interviews , public service announcements and newspaper articles. No signs may be posted or displayed on or about City property , except signage required by law or this Contract, without prior written approval from the City . 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 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 Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City . A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors . 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed , the number of workers , the hours , the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports , but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical , electrical and plumbing work; HVAC systems; utilities and utility connections ; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs , piping, conduit, ductwork , and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work , in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records , and maintained for four years from the date of City 's final payment. Public Works Project City Hall. Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000/Rev. Nov 3, 2017 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents , servants , volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims , stop notices , actions, causes of action, demands , charges, losses and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; ( c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim , in accordance with California Public Contract Code Section 9201. At City 's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers ' Compensation or other employee benefits , or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor 's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public Works Project City Hall. Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 4 of 11 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) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health , pension and vacation . The prevailing wage rates are on file with the City Engineer's office and are available online at http://www .dir .ca.gov/DLSR ; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812 , and electronically submit them to the Labor Commissioner as required by the regulations of California, Department oflndustrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5 . (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day 's work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed , color, ancestry, national origin , ethnicity , handicap , disability , marital status , pregnancy , age, sex, gender, sexual orientation, gender identity , Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws , including Government Code Sections 12900 and 11135 , and Labor Code Sections 1735 , 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination , Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project City Hall, Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 5 of 11 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 "fi nancial interest" in the Contract, as that te1m is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25 ,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104 , Contractor must stop work, notify City in writing, and wait for instruction s if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class 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 Public Works Project City Hall. Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 6 of 11 ( 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 control s 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 off site 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 leak s, 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 City Hall, Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 7 of 11 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 Chris Flores -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work , consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work , products and deliverables completed. Nothing in the Section below is intended to delay , abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a law suit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties e lect 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 City Hall. Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000/Rev. Nov 3, 2017 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach . 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period "), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period , Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents , and statutes attached, referenced, or expressly incorporated herein , including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal , invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds , shall remain in full force and effect after the Work is completed or Contract ends . Public Works Project City Hall, Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery , the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Ken Tanase ------------- Copy to: Carl Valdez Email: kent@cupertino .org 30. VALIDITY OF CONTRACT To Contractor: Prime Mechanical Serv ic e, Inc . Attention: Chris Flores -------------Copy to: ___________ _ Email: Chris@primemechanical.us This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3 .22 and 3.23, (b) is signed by the City Manager or an authorized designee , and (c) is approved for form by the City Attorney 's Office. 32. EXECUTION The persons signing be low 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. Public Works Project City Hall, Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000/Rev. Nov 3, 2017 Page JO of 11 IN WITNESS WHEREOF, th e parties have cau s ed this Con t ract to be exe cuted as of the Execution Date first above written . CONTRACTOR Prime Mechanical Service, Inc . r Corporation Titl e : Project Manager Signature Date: ~ ~--== ;~~ 2. -it /,·~ I APPROV~D T~i' By : l}c1W_.. RAD0LPH S TE VENSON HOM Cupertino City Attorney ATTEST: CITY OF CUPERTINO, a Municipal Corporation By ~2- 7 m!fordn ~7oirector of Public Works Signature Date: --)--~-='(;,4 A_y;_~------ ~~ By:~ ~ ~(GRACE SCHM1DT, Cityerk ffr ~ '-1'e1 o ,. l{ ~I ~! ·, t lfb . t ~-l> t- 4 ~ ·.~, i, 15t.{JO Public Works Project City Hall. Network Equipment Room Air Conditioner Replacement Public Works Contract $45,000 /Rev . Nov 3, 2017 Page ! I of I J EXHIBIT 11 A11 UCENSE # 819114 296 WRIGHT BROTHERS AVE UVERMOR[ CA 94SS1 BUS: (877) 63S-4328 FAX: (92S) 292-SS28 January 2, 2018 City of Cupertino Document# Cityofcupertino3_ton IT_RM 10300 Torre Ave, Cupertino, CA 95014 408-309-4246 Attn:Rudy Subject: City of Cupertino IT Room 3-ton split AC-unit Dear Rudy, Thank you for the opportunity to assist with the HVAC Mechanical needs at The City of Cupertino Please see scope & pricing below. SCOPE: Computer Room • Existing AC-unit will be shut down and left in place • Set and secure (1) New 3ton condensing unit • Secure to new sleepers set (1) new penetration for line-set • New flashing penetration to be sealed with white acrylic gel • Indoor Air-Handler to be set directly outside of IT Closet • Provide new plenum and grill to distribute air directly into open closet • Pressure test • Evacuate system • Install one condensate pumps and pump water to roof drain • Start up and verify proper operation The cost for the work specified above is----------~ $14,758.00 ALT ADD#1 Provide new Electrical to power new AC -Split System~ $ 3,600.00 Excludes: Electrical, Roofing, Structural, Engineering and Permits All work to be performed during normal business hours. The price includes labor and material for the completion of the work described . If this meets your approval, please sign this proposal in the appropriate space below. Prices are effective for thirty days. Thank you for choosing Prime Mechanical. If you have any questions in regard to this quote, or if I may be of further assistance , please do not hesitate to contact us at (877)635-HEA T. Sincerely, Chris Flores Prime Mechanical Acceptance of Proposal: The price , specifications and conditions are satisfactory and are hereby Accepted . You are authorized to do the work specified above. The job will be paid per terms specified in contract. Signed: __________________ Date: _______ _ PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: l. 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 er 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 fhe required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be sat isfied by a combination of primary and umbrella or excess insurance, rovide eac policy complies with the requirements set forth in tnis Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City 's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contract£.s no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 er 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 ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Con actor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. D N/A if box checked (Contractor provides written verification it has no employees). 4. rofessional Liabili with limits no less than $1,000,000 per occurrence or claim, and $2 ,000,000 aggregate. D N/ A if box checked (Contract is not design/buita). 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. D N/ A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$45,000 Version: Nov 201 7 6. Contractors' Pollution Legal Liability and/or As bestos 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. D 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 policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 , CG 20 26, CG 20 33 , or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 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 I 00% 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. In surance Requirements for Construction Contract s -$45,000 Version: Nov 20 17 2 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. Insurance Requirements for Construction Co ntracts -$45,000 Version: Nov 20 17 3 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DA 11! IMM/DOIYYYYI Ii....--' 2/23 /2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIF ICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy{les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and cond itions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer r ights to the certificate holder In lieu of such endorsement(s). PRoDucER Bolton & ComP,anYi CONTACT NAME: 3475 E. Foothill B vd., Suite 100 r11,.0N.t ...... (626 } 799-7000 If~ No •: 1626) 583-2117 Pasadena, CA 91107 E-MAIL u ,,..a~,o,o, INSURER IS I AFFORDING COVERAGE NAICI www.bottonco.com 0008309 INSURER A: Associated Industries Insurance Co Inc 23140 INSURED INSURER e : Beaz lev Insurance Comoanv, Inc . 37540 Prime Mechanical Service, Inc INSURERC: 296 Wright Brothers Avenue Livermore CA 94551 INSURER 0: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 40495335 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL ICY PERIOD INDICATED. NOTVv!THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'MilCH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL ICIES DESCR IBED HERE IN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ....... """" LTR POUCY NUMBER ,&filfi&~, ,:3~, LIMITS A l.L COMMERCIAL GENERAL LIABILITY I I AES104406901 1/3/2018 1/3/2019 EACH OCC URRENCE 51000 000 I-=i ClAIMS-MAOE [2] OCCUR PREMISes 't~;~ncei s 100 000 MED EXP /Arr, one person) sExc luded ,-- PERSONAL & ADV INJURY s 1 000000 I- GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s2.000,000 ~ POLICY 0 ~rir D LOC PRODUCTS · COMP/OP AGG S2 000000 OTHER Emolovee Benefits s 1 000000 AUTOM0BILEUAB1U1Y fi;~~~,l;.\?ii5INGLE LIMIT s -ANY AUTO BODILY INJURY (Perpericn) $ -OWNED -SCHEDULED BOD ILY INJURY (Per accident) $ ._ AUTOS ONLY ,-AUTOS HIRED NON-01/'wNEO PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY IF'er aa:idenl\ ._ ~ Como Ded. S1 00 Coll Ded. S1 001 s UMBRELLA LlAB HOCCUR EACH OCCURRENCE $ -EXCESS UAB CLAIMS-MADE AGGREGATE s DEO I I RETENTIONS s WORKERS COMPENSATION I ~fTUTE I l~t· AND EMPLOYERS' LIAB ILITY YIN ANYPROPRIETOR/PARTNER/EXECUT IV E D N/A E.L. EACH ACC IDENT s OFflCER/MEMBEREXCLUOEO? (Mandatory In NH ) EL . DISEASE· EA EMPLOYEE S ~~~:t-w8~ ~~PERATIONS bel<>N E.L. DISEASE· POLICY LIMIT 5 B PolluUon Uabllity• ENP000200601 12/1 /2017 12/1/2018 Limit $1,000,000 Each Occurrence Deductible: $10,000 • per claim Limit $1,000 ,000 Each Agg regate Professional Liability Llmil $1,000,000 Each Occurrence Deducllble: S1 o ooo • oer clalm Limit S1 000 000 Each Aaareaate DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES IACORO 101, Add!Uon1 I Rtm1rll1 Schltdult, may be 1t1achood If mo,. llplc:11 la ,.quired) GL Additlcna l Insured applies per CG20330704 & CG20370704 attached, only If required bf written cont racVagreement. GL Primary & Non-Contributory Wording applies per NXGL0090809 attached. GL Waiver c Subrogation applies per CG24040509 attached. GL Notice of Cancellation Clause applies per IL00171198 attached. Re: City Hall split system replacement project. Addillonal lnsured (s): The City of Cupertino, Its City Councll, officers, officials, employees, agents. servants an volunteers . CERTIFICATE HOLDER CANCELLATION City Hall split system rep lacement Ci~ of Cuperti no SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE ~ <::::: -.. I Thang Nauven i © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ,0495335 I 2011 Maater Ctrtificato at/POW. I IIOltcn Certt!ic•te ProcH1lng I 2/23/2011 12124,31 PM (PSTJ I Pago l of, ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 2/26/20 18 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 NAME~ ... , Artem llinets Reso lve lnsurnncc So lutions LLC Wc."N"ii Ext>= (650) 993-8 l 06 l(AfC , No): 6507451011 670 1 Mission Street #7 """'""-art@weresolveins.com ADDRESS : INSURER($) AFFORDING COVERAGE NAIC# Daly City CA 94014 INSURER A : StarStone National Insurance Company 44776 INSURED INSURER B : Prime Mechanical Service, Inc. INSURERC: 296 Wri ght Brothers A ve nue INSURER D: INSURER E: Livermore C A 94551 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI CATED . 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 , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1 T'.rR TYPE OF INSURANCE POLICY NUMBER rv._,.., c, r CAr LIM ITS INSD WVD (MMIDD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCU RRE NCE $ -~ CLAIMS-MAOE O occuR ...,,,..,.,.....,.._ V ,._, c;:u PREMISES (Ea occurrence) $ >-- MED EXP (Any one person) $ >-- PERSONAL & ADV INJURY s ~ GEN'L AGGREGATE LI MIT APPLIES PER: GENERAL AGGREGATE $ ~ DPRO-DLOC POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY (E';;';~j;je~lrNGLI: LIMI t $ - ANY AU TO BODILY INJURY (Per person) $ >--OWNED -SCHEDU LED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ >--HIRED >--NON-OWNED ~Ut't=t< t T UAMA\.>t= A UTOS ONLY AUTOS ONLY (Per accident) $ >---s UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 3,000,000 A X EXCESS LIAB CLAIMS-MADE y y 7 l 425B I 70ALI l l /14/2017 1 l /14/20 18 AGGREGATE $ 3,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION l srATUTE I IE°'Rn- AND EMPLOYERS' LIABILITY Y/N ANY PR OPRIETO R/P ARTN ER/EX ECUTIVE D N/A E.L EACH ACC IDENT $ OFFICER/ME MBER EXCLUDED? •Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ f yes. describe under !DESCRIPTION OF OPERAT IONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Excess Policy Follows Form of the General Liability Policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino, CA 950 14 A rt;t.,m, I t.i,"'-e.f~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ~ PRIME-2 nDln•C\ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE IMMIDD/YYYYJ '----" IIZ/23/Z011 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollclas may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(&). PRODUCER 20t-lZ3-1181 S~m;~cr Anita Marie Juarez BHI Insurance ServtcH, Inc.• 1aoa W c,nter Simi r~NEo Eoll: 209-823-6886 I f& No1,20M23-0872 M1nt1c1, CA 11337 Anita Marte Ju1ru 'iM\.H, anltagoas11nsurance.com INSURERJSI AFFORDING COVERAGE NAIC# INSURER A , Amartcan Flre & C11u11ty Co. 24066 INSURED Prime Machanlcal Service Inc P. 0. Box 1028 INSURER B: Pleasanton, CA 94566 INSURERC: INSURER D: INSURER E • 1NSURERF: r.nv--·---CERTIFICATE .. ,, .... .,, ... REVISION NIIMRJ:~· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NM1ED ABOVE FOR THE POLICY PERIOD INDICATED . NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONOITION 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 . I~~ TYPE OF INSURAHC li ,~D,l-1~2! POUCY NUMBER POUCYEFF POLICYEXP UMITS COMMERCIAi. GENERAL UAIIIUTY EACH OCCURRENCE s ,-.. =i CLAIMS-MADE D OCCUR ~b~~J9.,~~~. I-s I-MED EXP ,.-cno "'"l'lonl s -PERSONAi. & ArN INJ URY s GEN'L AGGREGATE LIMIT AP Pi.i ES PER' GENERAL AGGREGAT E s =} POLICY D ~rer O Loe PRODUCTS · COMP/Cl' AGG s OTHER: s A ~TOMOBILE UABIUTY ~~l~!!J/!!~~'NGU: LIMIT s 1.000.000 X AWf AUTO BAA58495530 01/03/2018 CM/07/2011 BODILY INJURY tPar """°"' s I-OWNED -SCHEDULED ,-.. AUTOS ONLY _ AUTOS BODILY INJURY /Per accidenll S I-~L'V'&oNLY -~Sf'~~Nt~ r,.r.~~F"'GE s s UMBRELi.ALIAS HOCCUR EACH OCCURRENCE s -EXCUSUAB CLAIMS-MADE AGGREGATE s OED I I RETENTIONS • WOIIJ(£RS COMPENSATIOH I ~~T·~~ I I fJH· AND EMPI.OYERS' LIABIUTY Y/N /WY PROPRIETOAIPARTNER/EXECUTIVE D NIA EL EACH ACCIDENT s flrnaE~ljM~~R EXCLuceo7 naoryn) E.L DISEASE · EA EMPLOYEI S l~m-~~igrripi:oATIONS........, F .L. "'""""". PO! 1r.y I IMIT s DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Roma .. , ScMdule, may be olllchod If mon apac1 l1 nqulnd) Proof of lnauranco THE CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 ACORD 25 (2016/03) CllYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUllfORIZED REPRESENTATIVE ~--~~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ODNYYY) 2/23/2018 I.. --THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTERTHE 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 pollcy(les) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsemenl A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Willis Towers Watson CONTACT NAME : San Jose 12980 Metcalf Ave Suite 500 -- PHONE (A/C , No Ext): (408) 321 -9901 FAX (A/C, NO): (360) 828-0699 Overland Park KS 66213 EMAIL ADDRESS : Jerry .Sparks@bbslhq com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURERS : Barrett Business Services . Inc. UCJF INSURERC: PRIME MECHANICAL SERVICE, INC. OBA RH INSURER D: TINNEY INSURER E: 296 WRIGHT BROTHERS AVE INSURER F: LIVERMORE, CA 94551 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOT'MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WilCH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTA IN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POUCYEXP LIMITS LTR INSR WVD IMM/DDIYYYY) (MM/DDIYYYY} GENERAL LIABILITY EACH OCCURRENCE s -DAMAGE TO RENTED PREMISES (Ea S COMMER CIAL GENERAL LIABILITY 1cu.1 MS-MADE OoccuR occurence) MED EXP (Any one person) s PERSONAL I!. AOV INJURY s GEN'L AGGREGAT E LIMI T Al>~LIES PER: GENERAL AGGREGATE $ nPOLICY n:~~J-nLOC PRODUCTS· COM P/OP AGG s s AUTOMOBILI; LIABILITY COMBINED SINGLE LIMIT s -(Ea acci donl) ANY AUTO -BODILY INJURY (Per person) $ ALL OV'INEO AUTOS B SCHEDULED AUTOS -BODILY INJURY (Per eccidenO s HIRED AUTOS NON.QV'INED AUTOS -PROPERTY DAMAGE s -$ UMBRELLA UAB yoccuR EACH OCCU RRENCE s -EXCESS UAB OCCUR AGGREGATE 5 -I OED RETENTIONS s A 1M)RKERS COMPENSATION AND EMPLOYERS' RWC 06/01/17 06/01/2018 ./ lwc STATIJ-I IOTH-UABILIT\' YIN C6439129A TORYUMITS ER ANY PROPRIETOR/PARTNER/ EXECUTIVE ~ NIA X E.L EACH ACCIDENT $2 ,000,000 OFFICER/MEMBER EXCLUDED? Covered states · E L DISEASE -EA EMPLOYEE $2,000,000 (Mandatory In NH) If yos, desaibe under CA DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $2 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 . Addillonal Remarl<s Schedule , If more space Is required°) In the event of any payment under this policy for a Loss for which the named Insured has waived the right of recovery in a written contract entered into prior to the Loss. Insurer hereby agrees to also waive our right of recovery but only with respect to such Loss . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C ity of Cupertino EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino Ca 95014 Authorized ~ ~fvt_ Rep I c) 1988-2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010/05) Tho ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Llablllty Polley Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UCIF PRIME MECHANICAL SERVICE, INC. OBA RH TINNEY Polley Number 8100 NE PAR'r'JNAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: RWC Number: C6439129A Polley Period Effective Date of Endorsement oa-01-2017 TO oa-01-2010 08-01-2017 Issued By (Neme of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the POllcY number. The remainder or the Information Is to be comoleted onlv when this endorsement Is Issued subsequent to the oreoaralion of the oollcv . CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIF ORN I A OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 • O percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium : $0 Authorized Agent WC 990322 POLICY NUMBER: AES104406901 COMMERCIAL GENERAL LIABILITY CG 20 37 0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement mod ifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Oraanizationfs): Locations and Descrlotlon of Covered Ooeratlons As required by written contract. As required by wr itten contract. Information required to como lete th is Schedu le, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to inc lude as an additional insured the person(s) or organizat ion(s) shown in the Schedu le, but on ly with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work' at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard." CG 20 37 07 04 © ISO Properties, Inc., 2004 40495115 I 2018 Muter Certificate m./l'OI,L I Bolton cartiticate ProcaH1n9 I 2/23/2011 12: 24 :ll PM (PST) f Pogo 2 ot 6 Page 1 of 1 AES104406901 COMMERCIAL GENERAL LIABILITY CG 2033 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed In writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" 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 operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services , including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. 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 in- sured(s) at the location of the covered operations has been completed; or b. 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 subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20330704 © ISO Properties, Inc., 2004 Page 1 of1 4049§335 I 2~19 Huter Certirtcate at/POLL J Bolton CertiHc:ate l'roceHing I 2/23/2011 12:24 ,ll PM {PST) J Pa 9'e 3 o ! 6 C AES104406901 IL0017119S COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deli- vering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4 . Notice of cancellation will state the effective date of cancellation . The policy period will end o n th at date. 5. If this policy is ca ncelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata . If the first Named Insured cancels , the refund may be less than pro rata . The cancellation will be ef- fective even if we have not made or offered a refund . 6. If notice is mailed, proof of mailing will be suffi - cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded . The first Named Insured shown in the Declarations is authorized to make changes in the tenns of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C . Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time dur, ing the policy period and up to three years after- ward . D. Inspections And Surveys 1. We have the right to : a. Make inspections and surveys at any time; b. Give you reports on the conditions we find ; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged . We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards . 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in - surance inspections, surveys, reports or rec - ommendations . 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion , under state or municipal statutes, ordin- ances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions : 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ILOO 171198 Copy right, In s urance Se rvice s Offi ce, Inc., 1998 Page 1 of 1 4C0SJJS f 2 0 18 Ha1ter Certificate GL /POLL I Bolton Certificate Procealln9 I ,/21/2 011 12 ,24 ,ll PM (PST ! f Pa9e • at 6 C] POLICY NUMBER: AES 104406901 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party : All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following ; 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing . Any and all other valid and collectable insurance avai lable to such Third Party in respect of work performed by you under written contractual agreements with said Th ird Party for loss covered by this policy, shall in no instance be considered as primary , co-insurance , or contributing insurance . Rather, any such other in surance shall be considered excess over and above the insurance provided by this policy . NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission tOt95J35 I 2018 Muter C:ertificate GL/POLL f Bolton C:artiticata Proc:e .. ing f 2/23/2018 12:24:31 l'M IPST I I Page 5 of, POLICY NUMBER: AES104406901 COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies in surance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written ContracUAgreement Information reQuired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of S ection IV -Conditions: We waive any right of recovery we may have again st the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 05 09 © In sura nce Services Offi ce , In c ., 200 8 4 0.,~:J)S I l Oll HAater Certlfieatti CI./POLL I Bolton Certificate Proeea•ing I l/lJ/2 0 11 12:24,31 PH (PSTl I Pose, of , Page 1 of 1 C