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18-065 Thermal Mechanical, Inc., Heating and Air Conditioning (HVAC) Services at City Buildings
C I T Y OF m CU PE RT IN O 1. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("Contract") is made and entered into on 1\-pw ~~ 1 dbt? ("Effective Date") by and between the City of Cupertino , a municipal corporation ("City"), and Thermal Mechanical , a Corporation ("Contractor") for heating and air conditioning (HV AC) services at City of Cupertino buildings. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work "), as required in the Scope of Work , attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3 . TIME FOR COMPLETION 3.1 Term . Thi s Contract begins on the Effecti ve Date and ends on January 3 I, 2 019 ("Contract Time") unless terminated earlier as provided herein. Contractor 's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and mu st be fully completed within the Contract T im e or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required . 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time , resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 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 $ 20,000 .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 Heating, Ventilation, Air Co11ditio11i11g Services -City of Cupertino Buildings 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 wa1rnnts on behalf of itself and its subcontractors that th ey 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. Pr ior w ritten approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to a ny approv e d sub contractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipm ent 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 Heating , Ventilation, Air Conditioning Services -City of Cupertino Buildinqs 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 prope1ty, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 20 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor 's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors . 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions , and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set ofas-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 Heating. Ventilation. Air Conditioning Services -City of Cupertino BuildjnQs 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 ("lndemnitees"), 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 incw·s 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 Heating, Ventilation, Air Conditioning Services -City of Cupertino BuildinQs 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 of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day 's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. ( c) As required by Labor Code Section 186 I, 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 ofrace, 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 Heating, Ventilation. Air Conditioning Services -City of Cupertino Buj!dinqs 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 "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. lf an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104 , Contractor must stop work , notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117 , and which requires removal to a Class 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 Heating. Ventilation, Air Conditioning Services -City of Cupertino Buildinqs Public Works Contract $45,000/Rev . Nov 3, 2017 Page 6 of I I (c) Unknown physical conditions at the Project worksite of a ny unusual nature, materially different from those ordinarily encountered and from those generally recogni zed 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 w ater 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 mu st be removed at the end of construction and completion of the Wo rk . Such controls mu st includ e , but will not be limited to , the following requ irements : (a) Install storm drain inlet protection devices such as sand bag barriers , filter fabric fences , and block and gravel filters at a ll drain inlets impacted by construction. During the annual rainy season , October 15 throu g h June 15 , storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities . Shovel or vacuum saw-cut slurry and remove from the Work site ; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers ; ( c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed , wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; ( e) Maintain a clean work area by removing trash, Jitter, and debris at the end of each work day and when Work is completed. Clean up any leaks , drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction . Contractor's failure to comply with this Section will result in the issuance of noncompliance notices , citations , Work stop orders and regulatory fines. Public Works Project Heating. Ventilation, Air Conditioning SeNices -Citv of Cupertino Buildini:is Public Works Contract $45,000/Rev. Nov 3, 2017 Page 7 of l l 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 Wayne Shipley -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor 's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing , the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay , abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES 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 Heating. Ventilation, Air Conditioning Services -City of Cupertino BuildinQs · 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 Heating, Ventilation, Air Conditioning Services -City of Cupertino Buildinqs Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 9 of I I 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 con finned 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: I 0300 Torre A venue, Cupertino CA 95014 Attention: Ken Tanase -------------Copy to: Carl Valdez Email: kent@cupertino.org 30. VALIDITY OF CONTRACT To Contractor: Thermal Mechanical Attention: Wayne Shipley -------~-- Copy to: Email: WSHIPLEY@thermalmech.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Heating. Ventilation. Air Conditioning Servjces -City of Cupertino Buildinqs Public Works Contract $45,000 /Rev . Nov 3, 2017 PagelOofll TN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Thermal Mechanical Title: Service Manager Signature Date: 4-.:;3 · ~ 1 Y APPROVED AS {O ~O ~- By: ~ RA PH STE VENSON HOM Cupertino City Attorney ATTEST: CITY OF CUPERTINO , a Municipal Corporation By~ Tiorden Title: Director of Public Works Signature Date: __________ _ By: ~/lc-({7J" GRACE SCHMIDT, City Clerk Public Works Project Heating, Ventilation. Air Conditioning Services -City of Cupertino Buildinqs Public Works Contract $45 ,000 /Rev . Nov 3, 2017 Page 11 of 11 THERMAL April 12, 2018 CITY OF CUPERTINO 10555 Mary Avenue Cupertino, CA 95014 EXHIBIT 11 A11 MECHANICAL, IN C. MECHANICAL CONTRACTOR -License #256057 Specializing in H.V.A.C., Process Piping, Sheet Metal, Plumbing, 0.0.C. Controls, and Service of all related systems. 425 ALDO AVENUE, SANTA CLARA, CA 95054·2322 TELEPHONE (408) 988-8744 FAX (408) 988-0233 Attention: Mr. Ken Tanase, Public Works Supervisor, Facilities & Fleet Division. Subject: Special Labor Rate Package for H.V.A.C. Emergency Responses to the City of Cupertino-Sites. Dear Mr. Tanase, Thermal Mechanical is pleased to offer the City of Cupertino a Special H.V.A.C. Service Labor Rate Package. This type of agreement allows for a rapid response for essential H.V.A.C. Services should that arise over an agreement period. Large projects would still require a proposal package, but the emergency issues that happen during working hours or after hours will be responded to without question, as an agreement is in place to handle the necessary paperwork. The rates offered for a one year period are as follows: » $150.00 per hour Journeyman Straight Time ), $212.00 per hour Journeyman Overtime » Under this agreement parts and materials markup will be held at no higher than 20%. Should you have any questions please cont.act our Service Department Office. · Design Sales Service of: Air Conditioning Heating Plumbing Process Piping D.D.C. & Pneumatic Controls In business since 1969 -www.Tbermalmech.com/E-mail: Thermal@thermalmech.com WE ARE AN EQUAL OPPORTUNITY EMPLOYER 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 Jo/lowing 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: I. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 Ol covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor 's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injwy, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be ( 1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code I), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. -N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than$ 1,000,000 per occurrence or claim, and $2,000,000 aggregate. 181. NIA if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ~ N/ A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$45,000 Version : Nov 2017 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ NI A if box checked (Project does not involve environmental hazard~). 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 Rete1ttions. Self-insured retentions must be declared to and approved by City. At City's option, either: (I) 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 IO, 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 l 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. Insurance Requirements for Construction Contracts -$45,000 Version : Nov 201 7 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"VIJ" 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. S11bcontractors 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 I 0% 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 Contracts -$45,000 Version: Nov 2017 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/26/2018 TH IS CERTIFICATE IS ISSUED AS A MATIER 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 I NSURED 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 th is certificate does not confer rights to the certificate ho lder in lieu of suc h endorsement(s). PRooucER Risk Strate~ies Compary CONTACT Amber Olivan, ARM NAME: 2270 Doug as Boulevar , Suite 220 ;A~~NJo Ext\: 916 .367.4303 I FAX 916.978.1579 IA/C Nol: Roseville, CA 95661 E-MA IL ao livan@risk-strateaies .com ADDRESS: INS URER(S) AFFORD ING COVERAGE NAIC# www.risk-strategies.com INSURER A: Travelers Property Casua lty Co of America 25674 INSURED INS URERS : St Paul Surplus Lines Insurance Company 30481 Thermal Mechanical, Inc. INSURERC : 425 Aldo Avenue Santa Clara CA 95 054 INSURERD: INS URERE : INSURER F: COVERAGES CERTIFICATE NUMBER: 41552466 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT ION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WH ICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,;~LJ%'l#!vi (~~1ti%iv%i LIMITS LTR TYPE OF INSURANCE ,.,en W\m POLICY NUMBER A __L COMMERCIAL GENERAL LIAB ILITY I I DT22C08G80535ATIL 18 4/1/2018 4/1/2019 EACH OCCURRENCE $1,000,000 V D CLAIMS-MADE w OCCUR DAMAGE TO RENTED -PREMISES /Ea occurre ncel $300 000 MED EXP (Any one person) $5,000 - PERSONAL & ADV INJU RY s 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER : GE NE RAL AGGREGATE s 2,000,000 v' R v0 PRO· D PRODU CTS · COMP/OP AGG $2 000 000 POLIC JECT LOC - OTHER: $10 000 PO Oed s ''\ A AUTOMOBILE LIABILITY I DT8108G80535AT IL 18 4/1/2018 4/1/2019 COMBINED SINGLE LIMIT s 1 ooo ooo V lEa accident\ I-- __L ANY AUTO BODILY INJURY (Per person) $ -SCHEDULED OWNED BODILY INJURY (Per accident) $ I AU TO S ONLY AUTOS ~ HIRED -NON-OWNED PROPERTY DAMAGE I AUTOS ONLY AUTOS ONLY Comprehensive & Co ll ision /Per accident\ $ ~ -I Deductibles -$1 000 Hired Auto Phvsical Orne s 1ncluded A __L UMBRELLA LIAB ~ OCCUR CUP2J5107231826 4/1/2018 4/1/2019 EACH OCCURRENCE $5,000,000 / EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000 000 OED I I RETENTION $ N/ A $ A WORKERS COMPENSATION I UB3K2195891826G 4/1/2018 4/1/2019 ; I ~~fTUTE I I OTH-ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ~ N/A Officers Excluded: E.L. EACH ACCIDENT s 1000000 -V OFFICER/MEMBER EXC LUDED? (Mandatory In NH) -Richard Rood E.L. DISEASE· EA EMPLOYEE s 1 nnn nnn If yes, describe under DESCRIPTION OF OPERAT IONS below -David Rood E.L. DISEASE· POLICY LIM IT $1 000 000 A Rented/Leased Equipment QT6607F312272TIL 18 4/1/2018 4/1/2019 $100 ,000 Lim it Subject to $5,000 Ded B Pollution/Professional Liabi lity 81 M96109 4/1/2018 4/1/2019 $2,000 ,000 Per Occ/Aggregate Limit DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Heati ng , Vent ilation , Air Conditioning Services , City of Cupertino Buildings . The City of Cupertino, its City Council , office rs, officia ls, employees , agents , servants and vo lunteers are included as additional insureds on a primary and non-contributory basis as respects the Commercial Genera l Liability policy. Waiver of Subrogation in favor of said parties is included on the General Liabi li ty, Automobi le Liability, and Employers' Liability po licies . All endorsements are attached . CERTIFICATE HOLDER CANCELLATION Cii of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 55 Ma'c Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino A 95014 AUTHORIZED REPRESENTATIVE /.,.~_ ~i, .._,..__ J d/' / V ~;:~/.-<) ( _.,/t./.'/h ...____ L·· L-·'·""' ,:...-·, I Michael Christian © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41552466 j 18 -19 TMI All Lines I Amber Olivan I 4/26 /2018 9:2 7 :37 AM (PDT) I Page 1 of 1 '1 Thermal Mechanical , Inc. DT22C08G80535ATIL 18 COMMERCIAL GENERAL LIABILITY 4/1/2018 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 11) 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 0 2 46 08 05 © 2005 The St. Paul Travelers Companies , Inc. Page 1 of 2 41552466 I 18 -19 TMI All Lines I Amber Olivan I 4/26/2018 9:27:37 AM (PDT) 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 02 46 08 05 41552466 / 18 -19 TM! All Lines I Amber Olivan J 4/26/2018 9:27:37 AM (PDT) I Page 3 of 14 Thermal Mechanical, Inc. DT22C08G80535ATIL 18 4/1/2018 COMMERCIAL GENERAL LI ABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provid ed under the following : corvHVJERC l A L GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -T his endorsement broadens coverage. However, coverage for a ny injury, damage or medical expenses described in any of the provis ions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply t o the extent that coverage is excluded or limited by such an endorsement. The following li sting is a general cover- age descript i on only. Lim itatio n s and exclusions may app ly to these coverages. Read a ll the provis ions of this en - dorsement and the rest of your policy carefully to de term in e rights, duties , and what is and is not covered . A. Aircraft Chartered With Pilot 8. Damage To Prem ises Rented To You C. lncreased Supp le mentary Payments D. Incidental Medical Malpractice E. Who ·1s An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -B roadened Named Insured -Unnamed Subsidiarl es G. Blanket ,ti.,dd itional 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 pilot to any insured; (b) Not owned by any Insured; and (c) Not being used to carry any pe rson or prop- erty for a cha rg e . B. DAMAGE TO PREMISES RENTED TO YOU 1. Tile first paragraph of the exceptions in Ex- c lusion j., Damage To Property, in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY i s de leted . -. 2. T he following replaces th e last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A. BODILY H. Blanket Additional Insured -Lessors Of Leased Equipmen t I. Blanket Additiona l Insured -States Or Political Subdivisions -Permits J. Knowledge And Notice Of Occurrence O r Offense K. Unint entional Omission L. Blanket Wa lver Of Subrogatio n M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclus i ons c. and g. through n. do not a pply to "premises damage". Exclusion f.(1}(a) does not app ly to "premises damage" caused by: a. Fire; b. Explos i on ; c. Lightning; d. Smoke resu lting ft-om such fire, ex plosion, or lightning; or e. Water; unless Exclusion f. of Section I -Coverage A -Bodily Injury And Property Damage Liability is rep lace d by anothe r endorsement to this Coverage Part that has Exclusion -All Pollu- tion Injury Or Damage or Total Poll ution Ex - clusion in its title . A separate limit of insurance a pplies to "premises damage" as described i n Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE . Pag e 1 of 6 COMMERCIAL GENERAL LIAB ILITY 3. The follow ing replaces Paragraph 6. of SEC· TION Ill -LIMITS OF INSURANCE : Subject to 5. above, the Damage To Prem- ises Rented To You Limit is t he most we w ill pay under Coverage A for damages because of "premises damage" to any one prem ises. The Damage To Premises Rented To You Lim it w il l apply to all "prope rty damage" proximately caused by the same "occur- rence", whethe r such damage resu lts from: fire; exp lo s ion; li ghtning; smoke resulting from sucl1 fire, exp l osio n, 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 Premi ses Rented To You Limit on the Decla rations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Prem ises Rented To You Limit on the Declarations of th i s Coverage Part. 4. The following rep l aces Paragraph a. of tl,e definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a le ase of premises. Ho w- 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. Th e following is added to the DEFINITIONS Section: · "Prem ises 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 is rented t o you, if you rent such prem ises 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) Thal 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 fo ll owing replaces Pa rag raph 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 v io l ations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do noi have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actua l lo ss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added t o the defin ition of ''oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omissi on committed in provid ing or failing t o provide "incidenta l med ic al 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 app ly to "bodily injury" arisi ng out of provid in g o r fail- ing to provide: (i) "Incid en t a l medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assista nt, emergency medi- cal technic i an or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "vo lun teer workers", other than an employed or vol - unteer doctor. Any such "employees" or "vol unteer workers" providing or failing t o provide firs t aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of the i r employment by you or perfo1·ming duties re l ated to the conduct of your busi- ness. P a ge 2 of 6 © 2011 The Trave lers lnclernnlty Co111p a ny . /\II ri g hts re se rv e d . 41552466 j 18 -19 TMI All Lines I Amber Olivan I 4/26/2018 9:27:37 AM (PDT) I Page 5 of 14 CG D3 16 11 11 3 .. The following is added to Paragraph 5. of SECTION ill -LIMITS OF INSURANCE: For the purposes of determining the app lic a- bl e Each Occurrence Limit, al l related acts or omissions committed i n providing or failing to prov ide "incidenta l medical services", first aid or "Good Samaritan services" to any one per- son wil l 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 injury" or "property damage" arising out of the willfu l violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by , or with the knowledge or consent of, t he insu re d . 5. The follow ing is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, adv ice or ins truction, or the re lated furnish ing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgica l suppl i es or appliances. "Good Samaritan services" means any emer- gency med ica l services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex· cess Insurance, o f SECTION IV -COM· MERCIAL GENERAL LIABILITY CONDI- TIONS: T he insu rance is excess over any valid and co llecti b le other in surance available to the in- sured, whether primary, excess, contingent or on any other basis, that is ava ilable to any of yo_ur . ''~mployees" or ''volunteer workers" for "bodily injury" that arises out of provi ding or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the exten t not subject to Paragraph 2.a.(1) of Section II -Who Is An In sured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS T he followin g rep laces Pa ragraph 4. of SECTION II -WHO IS AN INSURED : COMMERCIAL GENERAL LIABILITY 4. Any organiza tion you newly acquire or form, other than a partners hip, joint venture or lim- it ed riability company, of which you are the so le owner or in which you maintain th e ma- jo ri ty ownership interest, will . qualify as a N ame d lnswed if t here is no other insurance · which provides similar coverage to that or- ganizatio n. However: a. Coverage und er t his provision is afforded only: (1) Unti l the 180th day after you acquire 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 01-ganizatiori, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writin g that it wil l co n- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not app ly to "personal in- jury" or "advertising inju ry" arising out of an offense commi tte d before . you acquired or formed the organization. F. WHO IS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The following is added t o SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnersh ip, joint venture or lim ited l i ability company, that Is not shown as a Named Insured in the Decl ara- t io ns is a Named Insured if you maintain an own- ership interest of more than 50% i n 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 "adve1iislng injury" caused by an of- fense comm itt ed after the date, if any, duri ng the po licy period, that you no longer maintain an ownership interes t of more than 50% in such sub - sid iary. Page 3 of 6 COMMERCIAL GENERAL LI AB ILI TY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: /\ny person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement lo in- c l ude as an additi ona f insured 011 this Coverage Part is an insured, but only with re spect to l iability For "bodily injury'', ''prop erty damage", "persona l injury" or "advertis ing injury" that: a. Is "bod il y injury" or "property damage" that occurs, or is "person al injury" or ''adve rtising 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 use of that part of any premises leased to you. The insurance provided to such premises owner, manager or l essor is subject to the following pro- v isions: a. The li mits of insurance provided to such premises owner, manager or lessor wiJI be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declaration s, which- ever are less. b . The insurance provided to such prem ises owner, manager or lessor does not apply to: (1) Any "bodi ly injury" or 11 property damage" that occurs, o r "personal inj ury'' or "adver- tising injury11 caused by an offense that is comm itted, sfter you cease to b e a tenant in that premises; or (2) Structural alterations, new construction or demo lition 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 val id and collectible other insurance available to such premises owner, manager or lessor, whether pri mary, excess, contingent or on any other ba sis, u nless you have agreed in the written co ntract or agreement that this in- surance 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 insur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following is added to SECTION II -WHO JS AN INSURED: Any person or organization that is an equipme nt lessor and that you have agreed in a written con- tract or agreement to in clude as an insured on t his Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age ", "personal injury" o r "advertising injury" Lhal: a. ls "bodily inj ury" or "property damage" that occurs, 0 1· 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. Is caused, in whole or in part, by your acts or omiss i ons in the ma intenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisio11s: a. The l imits of insurance provided to such equipment lessor wi ll be the minimum lim its which you agreed to provide i n the written contract or agreement, or the lim its shown on the Decl arations, whichever are less. b. The insurance prov ided to such equipment lessor does not apply to any "bodily injury" or "p roperty dama ge" that occurs, or "personal injury" or "adve,tising Injury''. caused by an of- fense that is , committed, after t!1e equ ipm ent · lease expires . c. The in surance provided to such equipment lessor is excess over any valid and collectible · other insu ra nce available to such equipment lessor, whetl1e r primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this ins urance must be primary to, or non-contributory with, such other insurance , i n which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS The following is added to SECTION II -WHO IS AN INSURED : Any state or political subd ivision that has issued a perm it in connection w ith operat io ns performed by you or on you r berwl f and t hat you a re required Pao e 4 of 6 © ?011 Tlie Trave lers) Jrrlemnltt Co mp any. All rig hts r e:;e rved. 4 1552466 j 18 ~9 TMI All Lines I Amber Olivan I 4/26'72~Ia 9:2'7:~7 AM (Pb'I' Page '1 of 14 . CG D3 16 11 11 by any ordinance, law or building cocle to include as an additional insured on this Coverage Part is an insured, but only with respect to liabil ity tor "bodily injury", "prope1iy damage", "personal in- jury" or "advertising injury" arisin g out of such op- erations. The insurance provided lo such state or political subdivision does not apply to: a.· Any "bodily injury,'' "property damage," "per- sonal injury" or "advertising injury" arising out of operalions performed for that state or po- litical subdivision; or b. Any "bo di ly injury" or "prop erty damage" in~ eluded in tl1e "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 Suit, 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 t tiis Coverage Part to you or any insured Hsted in Paragraph 1. or 2. ofSection II:.... Who Is An Insured: (1) Notice to us of suer, "occurrence" or of- fense must be given as soon as practica- ble 011ly 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 limited l iabil ity · company), any of your "executive offi~ cers" or directors (if you are an organiza- t ion other than a partnership, joint venture or limited lia bility 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 liabili t y company, a11d 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 "o ccur- . rence". or offense is known by: (a) Any individual who is: (i} A partner or member of any part- nership or joint venture; COMMERC IAL GENERAL LIABILITY (ii) A manager of any l i m ited liability company; or (iii) An executiv e officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "emp loyee" a uthorized by such partnership, joint venture , limited Ii~ ability company or other organ iza tion to give no t ice 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 i f it is g iven in good faith as soon as practicable io 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 pi·ovided under this Coverage Part may apply. However, if this Coverage Part includes an en~ Jorsement t hat provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, re lease 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 commenceme11t, this Paragraph e. does not affect t hat requ ire- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: T he unintentional omission of, or unintentional error in, any information µrovided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, t his provision does not affect our right to collect additional prem ium or to exercise our rights of cance ll ation or nonrenewal in accordance with applicable insura nce 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 th e insu red has agreed in a cont rac t or agree- ment to waive that insured's right of recovery ag ain st a ny person o r organization, we waive our right of recove 1y agai nst suc h pe rson or organiza ~ tion, but only for payments we m ake because of: a. "Bodi ly injury" or "property damage " that oc- cu rs; or b. "Personal inju ry " or "a dv e rtising injury" ca use d by an offense that is committ ed; subseque nt t o th e execu tion o f that con tra ct or ag reemen t. M. AMENDED BODILY INJURY DEFINITION The fol lowing replaces the defin iti on o f "bodily injury" in the DEFINITIONS Section: 3. "Bodi ly injury" means bodily injury , mental angui sh , menta l injury , shock, fr igh t, disability, hu miliation , sickness or disease susta in ed by a person , including deat11 resulting from any of th ese at any time. N. CONTRACTUAL LIAB ILI TY -RAILROADS 1. The fo llowing r epla ces Parngraph c. of the defin iti o n of "insured contracl" ill the DEFINI- TIONS Se ction: c. Any ea sement or license agreement; 2. Paragraph f.(1} of \he defin it io n o f "insured contract" in the DEFINITIONS Section is de- leted. CG 03 16 11 11 Thermal Mechanical , Inc. ---------DT8108G80535ATIL 18 4/1/2018 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided 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 II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which 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 ear1ier. 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 I. USE -INCREASED LIMIT 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 "insured" 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 performing 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 Physical 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 "auto" hired or rented by y·our "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 Services Office, Inc. with Its permission. 41552466 J 18 -19 TMI All Lines J Amber Olivan I 4/26/2018 9:27:37 AM (PDT) I Page 10 of 14 COMMERCIAL AUTO perrmss1on, while perfom,ing 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 work. 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 world, 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 lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership}, members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" 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 proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bod ily 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 Insurance, 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 available 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 (!I) 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 41552166 I 18 -19 TMI All Lines I Amber Olivan I 4/26/2018 9:27:37 AM (PDT) l 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 local law. Your fai lure to comply with compu lsory 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 li able had you complied with the compu lsory 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 possess ions, Puerto Rico and Can- ada . We assume no responsib ility for the furnishing of certificates of insurance, or for compl iance in any way with the laws of other countries re lating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass 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 "acc ident". _ I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following rep laces 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 weari ng ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". Th is coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Persona l Property coverage . K. AIRBAGS The fo ll owing is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags 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 on ly: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags 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 g ive 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 liab il ity 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- t ice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following rep laces 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 aga inst 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 T3 53 0215 @ 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 41552466 I 18 -19 TMI All Lines I Amber Olivan / 4/26/2018 9:27 :37 AM (PDT ) J Page 12 of 14. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om,ss,on 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 our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 @2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Inc ludes copyrighted material of Insurance Services Office, Inc. with Its permission. 41552466 J 18 -1 9 TMI All Lines J Amber Olivan / 4/26/2018 9:27:37 AM (PDT) I Page 13 of 14 .-... TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER:UB3K2195891826G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be mium. Schedule Person or Organization % of the California workers' compensation pre- Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) ~ Endorsement Effective Policy ~ Endorsement No. Insured Thermal Mechanical , Inc. Premium Insurance Company Countersigned by ____________ _ DATE OF ISSUE: ST ASSIGN: Page 1 of 1 41552466 I 18-19 TM! All Lines I Amber Olivan / 4/26/2018 9:27:37 AM (PDT) J Page 14 of 14