Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-050 Thermal Mechanical, Inc., Installation of a Compressor at City Hall and Air Conditioner at Wilson Park
C I TY OF II CU PE RTI NO 1. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("Contract") is made and entered into on April 16, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Thermal Mechanical Inc. , a Corporation ("Contractor") for the installation of a compressor at City Hall and air conditioner at Wilson Park. 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 T erm . This C ontract begin s on th e E ffe ctive Date and ends on June 1, 2 018 ("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 ofunexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on ____.Le_as_onabJ ;y_ffilese _eable_consequences_o_f._dela y-and-may-include-i-ntang-ib le -l0sse-s -w-hi Gh-the-P-a1t ie-s----- 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 $ l 6,159.00 ("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 , equipm e nt and Public Works Project City Hall Compressor and Wilson Park 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 -----~r~eQuest for a change_m:d.e.r..must_sp_e_cify_the_pr.op_osecLchange s....in ... the-Woi:k,-CoAti:act-E.cice-,-ariu------ 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 Compressor and Wilson Park 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 {s acceptable to City . A Notice of Completion must be re corded 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 com onents of the Work including mechanical, electrical an plumbing __ _ work; HV AC 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 Compressor and Wilson Park Air Conditioner Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Pa ge 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. ______ ___._2.-1NSURANCE 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 Compressor and Wilson Park 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 offic,e 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 I 776 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 Iiabilit):'. for worke ' c_omp.ensation..oL to_undertake_seJf:.insurance-irwlccm:dance-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 Compressor and Wilson Park Air Conditioner Replacement Public Works Contract $45,000/Rev . Nov 3, 2017 Page 5 of 11 13.4 Conflicts of Interest. Con_tractor, 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 I 090 and Government Code section 81000 and their accompanying regulations. No officer, official , employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269 . -----Government-eode-S-ectiorr-4-2-1-5-requires·eontra-ctorto--rrottfy'Cityand Utt! ityinwrtting'rfita iscovers 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 City Hall Compressor and Wilson Park 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 controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season , October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; ( c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed , wash the streets, collect and dispose of the wash water offsite in lawful manner; _______ ,er After-br.eaking_old-pav-ement,-i:emo.v-e-debJ:iS-tG--aveid-GentaGt-with-Fa-i-nfal-lJr-unefH;------------- ( e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips , and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on storrnwater 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 Compressor and Wilson Park Air Conditioner Replacement Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 7 of 11 17. PROJECTCOORDINATION 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 regular ly 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 _____ req.uiced.to-continue.the-Woi:k-pending-r..esolutiort-o f.anj1-Eli-spute-a-~Fi0 F-t0 -fili-ng-a-law-suit,G0n-tra0t0r~----- 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 oflaw 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 Compressor and Wilson Park 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 sh al I 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.--SE¥ERABI-LI-'.I-¥1-1!-AR-~IAL--IN¥-Ah1DI-T-¥----------------- 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 Compressor and Wilson Park 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 nex t 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: ·n1ermal Mechani cal , In c. Attention: Wayne Shipl ey ------------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 City Hall Compressor and Wilson Park Air Conditioner Replacement Public Works Contract $45,000 /Rev . Nov 3, 2017 Page IO of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Thermal Mechanical, Inc. Signature Date: 3 ' 2'Z · ')--l> If'." APPROVED AS TO FORM: + ~~e V Q,,,v/r- By: A:!_.;}_ ~ ;4/h,'ii} RANDOLPH STEENSON HO Cupertino City Attorney ATTEST: By:~~~ ~ ~ESC~erk CITY OF CUPERTINO, a Municipal Corporation Title: Director of Public Works Signature Date: _{L-++/.,_J o-+-/t'--"'/"-) _____ _ J/ I Public Works Project City Hall Compressor and Wilson Park Air Conditioner Replacement Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 11 of 11 THERMAL February 15, 2018 CITY OF CUPERTINO 10555 Mary Avenue Cupertino, CA 95014 EXH I BIT 11 A11 MECHANICAL, INC. MECHANICAL CONTRACTOR -License #256057 Specializing in H.V.A.C., Process Piping , Sheet Metal , Plumbing, D.D.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: Installation of Customer Supplied Compressor @ City Hall. Dear Mr. Tanase, Thermal Mechanical is pleased to offer this proposal that includes the removal of a Failed Chiller Compressor and replacement with a Customer Supplied Compressor. For a price of $9,025.00 we will complete the installation of the Customer Supplied Compressor. As paii of our proposal we have included such parts as Driers, Contactors Unloader Coils , Refrigerant, Nitrogen and other miscellaneous components to complete the replacement project. All work would be performed during straight time hours. A complete System Stai1up will be perfo1med and a project review will be completed with City Staff to ensure that the work was completed to their satisfaction. SiToutd-ym,ITave any questions please contac our ServiceDep men OI ice. Service Manager Approved By t.f I ( (j, l ( f Date PO# Des ign S ales Service of: Air Conditioning Heating Plumbing Process Piping D .D .C. & Pneumatic Controls In business sin ce l 969 -www.Th ermalmech .com/E-mail: Thermal@thermalmech.com WE ARE AN EQUAL OPPORTU NITY EMPL OY ER THERM AL February 26, 2018 CITY OF CUPERTINO 10555 Mary .Avenue Cupertino, CA 95014 EXH I BIT 11 A11 MECHANICAL, INC. 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: Replace Air Conditioning Equipment @ Ceramic Center, 19784 Wintergreen, Cupertino. Dear Mr. Tanase , We offer this proposal after our on-site meeting with Mr. Ty Bloomquist at the Ceramic Center Building. The existing Mitsubishi Air Conditioning, Heating Unit has suffered an Evaporator Coil Deterioration Issue, possibly from the products used during the Ceramic Procedures. The hope was to just replace the Evaporator Section of the Split System. Contact with Mitsubishi indicated that this could prove to be problematic and they don't recorrunend that be done. The entire system should be replaced. For a price of$7,134.00, which includes a one hundred dollar Mitsubishi Good Faith Discount, we will replace the Total System, Evaporator and Condenser. The replacement would be ------scheduted-dun~stralgnnirn:e nours ana our only lunitations are t we ave excluded: Permit Fees, Permit Drawings, Structural Calculations and Overtime Labor. Should you have any questions please contact our Service Department Office. Approved By Date PO# Design Sales Service of: Air Conditioning Heating Plumbing Process Piping D.D.C. & Pneumatic Controls In business since 1969 -www.Thermaimech.com/E-mail: Therma1@thermalmech.com WE ARE AN EQUAL OPPORTUNITY EMPLOYER 'PUBLIC WORKS CONSTRUCTION CONTRACTS /S mall Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and/or 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: I. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 0 l covering CGL on an "occurrence" basis, written on a comprehensive general liability form , and must include coverage for liability arising ji·om Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction , and personal and advertising injury . If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be ( l) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 010413 c . The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned_a.uto_s_(_Co_de_9_),_wjthJ_imiLno-1ess-thar:i-$-l-,OOO,OOO-per-aGGident-for-l:>eEii -l:,V-+-----~ 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, Contractor 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. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. ~ N/A if box checked (Contract is not design/build). · 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form , with limits equal to the completed value of the project and no coinsurance penalty provisions. l8J N/ A if box checked (Project does not involve construction or improvement~!installations to property). Insurance Requirements for Construction Contracts -$45,000 Ve rsion_· Nov 201 7 6. Conh"actors' 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 Retentions. 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 JSO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 l 0, 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 Cancellatio11 Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each ------<,_.c.e.rtificate_.of.ins.urance_muststate-thauhe.co.verage-affoi:ded-by-the-po l-iG-y-~s-in -foFG0-a-F1d -wi-ll-n0t-be-redueed,eaHee+Ied----- or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts -$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 perfonned 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. Verificatioll of Coverage , Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicabl e 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 . Sur ety Bonds As required by Contract and described in th e Contract Documents. T he Paym ent and P erformance Bonds shall be in a sum equal to the Contract Price. If the Perfonnance 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 Mainte nan ce 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 C alifornia . 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. In s urance Requirem ents for Con struction Contracts -$45,000 Ve rsion : Nov 20 17 3 ACORD® CERTIFICATE OF LIABILITY INSURANC E I DA TE (M M/DD/YYYY) ~, 3/29/2018 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 IN SURED , 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 su ch endorsement(s). PRODUCER Risk Strategies Company CON TAC T A mber Olivan ARM NAME: 1400 Rock6 Rid~e Drive , Suite 280 PHONE 916 .367.4303 I FA X 916.978.1579 Roseville , A 9 661 (A/C No Extl : IA/C Nol: E-MAIL ao li van@risk-strategies .com ADDR ESS : IN SURER(S) AFFORDING COVERAGE NAIC# www .risk-strategies .com INSUR ER A: Travelers ProDertv Cas ualtv Co of America 25674 INSURED IN SURER B : St Pa ul Surolus Lin es In su ra nce Co mo an v 30481 Thermal Mechanical , Inc . INS URER C: 425 Ald o Avenue Santa Clara CA 95054 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 41096006 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC E LI STED BELOW HAV E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIR EMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH ER DOCUMENT WIT H RESPECT TO WH ICH THIS CERTIFI CAT E MAY BE ISSUED OR MAY PERTAIN , THE IN SURANCE A FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ ECT TO AL L THE TERMS , EXCLUS ION S AND CO NDITI O NS O F SUCH POLICIES . LIMITS S HO WN MAY HAV E BEEN REDUCED BY PAID CLA IMS . INSR ADD L SUBR POLICY EFF POLI CY EXP LIM ITS LTR TYPE OF INSURANCE I 1•1~n VJ\ln POLICY NUMB ER IMM /DD/YYYY l IMM/DD/YYYYl A ,I COMMERCIAL GENERAL LIABILITY ,I ,I DT22C08G80535ATIL 18 4/1/2018 4/1/2019 EAC H OCCURRENCE s 1,000 ,000 V -D CLAIMS-MADE c:J OCCUR UAMAut: I U ~~, II t:U -PREMISES IEa occurrence\ s 30 0 000 MED EXP (Any one person ) S5,000 - PERSONAL & ADV INJURY S 1,000 ,000 - GEN'L AGGREG ATE LIMIT APPLIES PER : GENER AL AGG REG ATE s2,000 ,000 V R POLICY [2J .\'ffTv' D LOC PR ODUCTS -COMP/OP AG G s2,000,000 OTHE R $10 000 PD Ded s A AU TOMOB ILE LIABILITY DT8108G80535ATI L 18 4/1/2018 4/1/2019 COM BINED SINGLE LIMIT ~LQQOOOO V ,I .I (f;a _accidentL _____ 7NJYAUTO I ' BCDIL Y 11,JURY (Pe r person) $ ----OWNED H sc,,ou,rn BODILY INJURY (Per accident) S -AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE s AU TOS ONLY AUTOS ONLY Comp rehensive & Collision IPer accidentl - Deductibles -$1,000 Hired Au to Physical Dmr s In clud ed A _L UMBRELLA LIAB H OCCUR .I .I CUP2 J510 7231826 4/1/2018 4/1/2019 EAC H OCCURRE NCE s 5,000 ,000 V EXCESS LI AS CLAIMS-M ADE AGGREGA TE s 5,000,000 .,, OED I I RETENTION s N/A $ A WORKERS COMPENSATION .I UB 3K2195891826G 4/1/2018 4/1/2019 I PER I I OTH-./ STATUTE ER AND EMPLOYERS ' LIABILITY YIN S 1 000 000 V ANYPROP RIETOR /PARTNER /EXECUT IVE GJ Office rs Excluded: E.L. EAC H ACC IDEN T OFF ICER /MEMBER EXCLUDED? N /A (Mandatory in NH) -Richard Rood E.L. DISEASE -EA EMPLOYEE s 1 nnn nnn If yes , describe under .QE.SCB IEilON.Q£.QEE8AilON5.below -David.Rood E.k. EJ ISEAS!e PG~I G-Y ~IMH-s-1 000,()()() B Pollution/Profession al Liability 8 1M 96 10 9 4/1/2018 4/1/2019 $2,000,000 Per Occ/Aggregate Limit r/ A Ren ted/Leased Equipment QT6607F312272TIL 18 4/1 /20 18 4/1/20 19 $100 ,000 Limit Subject to $2,500 Ded v' DES CRIPTION OF OPERA TI ONS/ LOCAT IONS/ VEHI CLES (ACORD 101 , Additional Remarks Schedu le, may be attached if more space is requi red) RE : McQ uay Unit at City Hall . Th e Cit y of Cupe rtino , it s City Council , Boards and Com mi ssio ns , Officers , Officials , Age nts , Employ ees , Consultants and Vo lunteers are included as additio nal insured on a primary and non-contributory basis for th e General Liability , Automobile Liability , and Excess Liabi li ty po li cies. Waiver of subrogation in favor of sa id parties app li es to th e Ge nera l Liability , Automobi le Liability , Excess Liability , and Employers' Liability policies. All endorseme nt s attached. CERTIFJCA TE HOLDER City of Cupertino 10555 mary Avenue Cupertino CA 95014 I CANC ELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVIS IONS . AUT HOR IZED REPRESEN TATI VE Michae l Christian © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41096006 I 18-19 TM! All Lines I Am b er Olivan I 3/29/2018 1 :22 :47 PM (PDT) I Page 1 of 14 \ Thermal Mechanical , Inc. DT22C08G80535ATIL 18 4/1/2018 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover-and included in the "products-completed op - age Part , but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury"' requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured , and then the insurance provided to b) If, and only to the extent that , the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies . The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period , whichever is insured with respect to the independent acts earlier. or omissions of such person or organization . 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorse ment is exce ss over any valid and by this endorsement is li mited as follows: collectible "other insurance ", whether primary , a) In the event that the Limits of Insurance of excess , contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in-"written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re-basis or a primary and non-contributory basis , quired by that "written contract requiring in-this insurance is primary to "other insurance" surance". This endorsement shall not in-available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured ---------£eGti0A-lll---bimits-Qf-lns1;1 FaAGe-. ________ for_su.c b_l.o.s.s,_ancLwe_wilU:ioL sbace_witb-tbat.--- "other insurance". But the insurance provided to b) The insurance provided to the additional in-the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop-excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary , excess , contingent or of the rendering of, or failure to render, any on any other basis , that is available to the addi- professional architectural , engineering or sur-tional insured when that person or organization is veying services , including: an additional insured under such "other insur- i. The preparing , approving , or failing to ance". 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 . 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 D2 46 08 05 © 2005 The St. Paul Travelers Companies , Inc . Page 1 of 2 41 096006 I 18 -19 TMI All Lines I Amber Olivan I 3/29/20 18 1 :22 :47 PM (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 Joss 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. Wh ile that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies , Inc . CG D2 46 08 05 41096006 I 18 -19 TM! All Li ne s I Amber Olivan I 3/29/2018 1 :22 :47 PM (PDT) I Page 3 of 14 Thermal Mechanical , Inc . DT22C08G80535ATIL 18 4/1/2018 COMMERCIAL GENERAL LIAB ILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies in surance p rovid ed under the fo llowing : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens cove rage . However, coverage for any injury, damage or medical expenses described i n any of the pro visions of this endorsement may be excluded or limited by another endo rseme nt to th is Coverage Part, c1nd th ese coverage broadening provisions do not apply to th e extent that coverage is excluded or limi ted by such an endorsement. The followi ng l is ting is a general cover- age descript io n only. Limitations and exclusions ma y apply to these coverages. Read all the provisions of this en- dorsement and the rest of your pol icy carefully to determine rights, duties, and what is a nd is not covered . A. Aircraft Chartered With Pilot B. Damage To Pre m ises Rented To You H. Blanket Additional Insure d -Lessors Of Leased Equipment C. Increased Supp leme ntary Payments I. Blanket Additional Insure d -States Or Politica l Subdivisions -Permits D. Incidental Medical Malpractice E. Who ·is An In sured -Newly Acquired Or Form ed Organizations J. Knowledge And No ti ce Of Occurrence Or Offense F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured -Owners, Managers Or Lessors Of Premises K . Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bod ily Injury Definition N. Contractual Liability-Railroads PROVISIONS INJURY AND PROPERTY DAMAGE LI· A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exc!L1sions c. and g. through n. do not app ly Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion f.(1)(a) I -COVERAGES_ COVERAGE A BODILY IN-does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: -----~JJis_excius.i.o.o _dD_es_1JoLappJ.y_to_af'.l _ai1~cr:a.fLtbat.-----a_._F_ir_e--'-; ________________ _ is: b. Explos ion; (a) Charte red with a pilot to any insured; c. Lightning; (b) Not owned by any Insured; and d. Smoke resu lting frorn such fire, exp losion, (c) Not being used to carry any person or prop-or lightning; or erty for a c harg e. e. Water; 8. DAMAGE TO PREMISES RENTED TO YOU unless Ex clu sion f . o f Section I -Coverage A 1. Tile first paragraph of the exceptiQns in Ex--Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para-is replaced by another endorsement to this graph 2. of SECTION I -COVERAGES -Coverage Part that has Exclusion -All Pollu- COVERAGE A BODIL y INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted . clusion in its title . 2. Tt 1e following replaces the last paragraph of A separate limit of insura nce applies to Paragraph 2., Exclusions, of SECTION 1 _ "premises damag e" as described in Para- COVERAGES -COVERAGE A BOD!L y graph 6 . of SECTION Ill -LIMITS OF IN- SURANCE. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The follow ing replaces Paragraph 6. of SEC-C. INCREASED SUPPLEMENTARY PAYMENTS TJON Ill-LIMITS OF INSURANCE : 1. The fol lowing replaces Paragraph 1.b. of Subject to 5. above, the Da111age To Prem-SUPPLEMENTARY PAYMENTS -COVER· ises Rented To You Limit is the most we will AGES A AND B of SECTION I -COVER· A f d b AG E.· pay under Coverage or arnages ecause of "premises damage" lo any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You rnquired because of accidents or traffic Limit will apply to all "prope rty damage" law vio l ations arising out of the use of any proximately caused by the snme "occur-vehicle to which the Bodily Injury Liability rence", whet11er such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smol<e resulting from nish these bonds. such fire, explos ion, or lightning; or water; or 2 . The following replaces Paragraph 1.d. of any combination of any of these causes. SUPPLEMENTARY PAYMENTS -COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I -COVER- Limit wi ll be: AGES : a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our req·uest to assist us in the Declarntions of this Cover·age Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual Joss of earnings up Damage To Prem ise s Rented To You to $500 a day because of time off from Limit .on the Declarations of th is Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of tile 1. The following is added to the defin ition of "oc- definition of "insured contract" in the DEFIN!-currence" in the DEFINITIONS Section: TlONS Section: "Occurrence" also means an act or omission a, A contract for a lease of premises. How-committed in providing or failing to provide ever, that portion of the contract for a "incidenta l med ic al services", first aid or · lease of premises that indemnifies any "Good Samaritan services" to a person. person or organization for "premises 2 . The following is added to Paragraph 2.a.(1) of damage" is not an "insured contract"; SECTION II_ WHO IS AN INSURED: s. The fol/owing is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: · "bod ily injury" arising out of providing or fail- "Premises damage" means "property dam-ing to provide: age" to: (i) "Inciden ta l medical services" by any of _______ ___:a::.:·___:A....::n:.:.eyc....I;p;....:re::..:.m.:.:.:.::i s-=-e-=-s ... w-=-h.:i.1 e_r_e_n_te_d----.;to.--"-y _ou_o-=-r _te..,.m~-------y.ou r:....'.'.ernplo.y:@@s'.'. ... w-l:1 0--is-a-t:1.lJr-s e-p~@Gti ~---- pora rl/ y occupied by you with permission tioner , registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi~ b. The contents of any premises while such cal technic ian or paramedic; or premises is rented to you, if you rent such (ii) First aid or "Good Samaritan services" by premises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. workers", other.than an employed or vol- 6. The following replaces Paragraph 4.b.(1 )(b) unteer doctor. Any such "employees" or of SECTION IV -COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS : provide first aid or "Good Samaritan ser- (b) Thal is insurance for "premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV -o f the ir employment by you or performing COMMERCIAL GENERAL LIABILITY CON-duties re lated lo the conduct of your busi- DITIONS is deleted. ness . Page 2 of 6 © 2011 The Trnvelers lndernnlty Co111pany. /\II ri g hts reserved. 41096006 I 18-19 TM! All Lines J Amber Olivan ! 3/29/2018 1 :22 :47 PM {PDT ) I Page 5 of 14 CGD3161111 COMMERCIAL GENERAL LIABILITY 3 .. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION Ill -LIMITS OF INSURANCE: other than a partners hip, joint venture or lim- For the purposes of determining the applica-ited liabi lity company, of which you are the bl e Each Occurrence Lirr1it, all related acts or sole owner or in which y o u maintain the ma- omissions committed i n providing or failing to jo rity ownership interest, will qualify as a provide "incidenta l medical services", first aid N am ed Insu red if t here is no other insurance or "Good Samaritan services" to any one per-which prov ides similar coverage to that or- son will be deemed to be one "occurrence". ganization. However: 4. The following exclusion is added to Para-a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I -GOV-only: ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (1) Unti l the 180th day afte r you acquire or form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier , if you "Bodily injury" or "property damage" arising d o not report such organization in writing out of the willful violation of a penal statute or to us within 18 0 days after you acquire or ordinance relating to the sale of pharmaceuti-form it ; or cal s committed by, or with the knowledge or (2 ) Until the end of the policy pe riod, when consent of, the insured . that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or f o rm such organization, if you Section: report such organization in writing to us "Incidental medical services" means: wi t hin 180 days afte r you acquire or form a. Medical, surgical, dental, laboratory , x-ray it , and we agree in writing that it wi ll con- or nursing service or treatment, advice or tlnue to be a Named Insured until the end instruction, or the related furnish ing of of the policy period; food or bevera ges; or b. Co ve ra ge A does not apply to "bodi ly injury'' b. The furnishing or dispensing of drugs or o r "property damage" that occurred before medical, dental, or surgical supp lies or you acquired or formed the organization; and appliances_ c. Coverage B d oe s not apply to "pe rsonal in- "Good Samaritan services" means any emer-jury" or "a dvertising injury" arising out of an gency med ical services for which no comp en-offense committed before . you acquired or sation is demanded or received. formed the organ ization . 6. The following is added to Paragraph 4.b., Ex· F. WHO IS AN INSURED_ BROADENED NAMED cess Insurance, of SECTION IV -COM-INSURED -UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDl- -------+lON-S.--: ----------------~T~he~fo=,cl:.,=lo~w,-:.;in~g,_i:_:_s-=a-=d-=-d-=-e-=-d -=-to=----=S-=E~C-=-T-=-l -=-O-=-N-=-1-=-I _-_W__:_:H_:O_l_:S__:_: __ _ AN INSURED : The insurance is excess over any val id and collectible other insurance available to the in -Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingen t or joint venture or lim ited li ability company, that Is on any other basis, that is ava ilable to any of not shown as a Named Insured in the Declara- yo_w . "~mployees" or ''volunteer Wot"i<ers" for tions is a Named Insured if you maintain an own- "bo dily injury'' t hat arises out of provid ing or ership intere st of more than 50% in such subsidi- failing to provide "incidental mediCEil ser-ary on the first day of th e policy period. vices", first aid or "Good Samaritan service s " No such subsidiary is a n insured for "bodily injury" to any person to the extent not s ubj ect to or "property damage" that occurred, or "personal Paragrapt1 2.a.(1) of Section II -Who is An injury" or "adve1iislng injury" caused by an of- Insured . fe n se co mmitted after the date, if any, d uring tl1e E . WHO IS AN INSURED -NEWLY ACQUIRED policy period, tha t you no longer maintain an OR FORMED ORGANIZATIONS ownership interes t of morn than 50% in s uch sub- The followin g replaces Paragrap h 4. of SECTION s id iary. (I -WHO IS AN INSURED: 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: Any person or orga ni zation th at is a pre mis es owner, manager or l essor a nd th at you l1a ve agreed in a written contract or agreement to in- clude as an additio na l insured on this Coverage Part is a n insured, but only w ith respect to liabi li ty for "bodily i njury", "property damage", "personal inj ury" or "advertis ing injury" th at: a. Is "bod ily inj ury" or "property damage" that occ urs, or Is "persona l injury" or "advertising injury" caused by an offense that is commit- t e d, su bse qu ent to lhe execution of that con- tract or agreement; and b. Arises out o f the ownership, m ai nten ance or use of th at part of any premises leased to you. T he insurance provided to such premises owner , manager or l essor is subject to the following pro- v isions: a. Th e li m its of insurance provided to such premises owner, manager or lessor wi l l be th e minimum limits wh i ch you agreed to pro - vide in the written cont ract or agreement, or the limits shown on the Decl ara tion s , wh ich- ever are Jess . b. Th e insurance provided t o such prem ises owner, manager or lesso r does not app ly to: (1) Any "bodily in ju ry" or "property damage" that occurs , or "persona l inj ury" or "adver- tising injury" caused by an offense that is committed , after you cease to be a tenant in-th-at-pre mh,es;-o (2) Structural al terations, new construct ion o r demolition operati ons performed by or on behalf of such pr e mi ses owne r, lessor o r. manager. c. The insurance provided to such premis es owner, manager or tessor is excess over any val id and collectible other insurnnce available t o sucr1 premises owner, manager or lesso r, whether primary, excess, co ntingent or on any other basis, unloss you have agreed in th e written contrac t or agree m en t th at this in- s urance must be primary to, or non- contributory with, such other insu rance, in which case t hi s in sura n ce wi ll be primary to , and non-con tri butory with, such other i ns ur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The followin g is adde d to SECTION II -WHO IS AN INSURED : Any person or organization that is an equipment lessor and that yo u have agreed in a written co n- t rnc t or agree ment to include as an insured on t l1 is Coverage P a rt is an in s ured, but only with re - spect to liabili ty for "bodily injury ", "property dam- age ", "personal injury" or "advertis ing injury" that: a. Is "bodily injury" or "property damage" that occurs, o r is "pe rsonal injury" or "a dvertising i njury" cau s ed by an offe nse that is commit- t ed, subsequent to th e execution of that con- tract or agreement; and b . Is caused, in who le or in part, by your acts or omissions in the mai ntenance, operation or use of equipmen t leased to you by such equipmen t lessor. The insurance provided to such equipment lessor is subject to the follow in g provisions : a. The l i mits of ins urance provided to s uch equipment lessor wi ll be the minimum l imi t s wh ich you agreed to provide i n the w ritten contract or agreement, or the lim its shown on the D eclarations , whichever are less. b. The ins urance provided to su c h eq uipment less or d oes not apply to any "bod il y injury" or "property damage" t hat occurs, or "personal injury" or "a dvertis ing Inju ry''. caused by an of- fense t h at is committed, after t!1e equipment . lease expires. c. The ins urance provide d to such eq ui pme nt lesso r is excess over a n va lid and co llectible other in surance availabl e t o such equi pment lessor, whether primary, exce ss, contingent o r o n any other basis, unl ess yo u have agreed in th e written con tra ct or agreement that this insurance m u st be primary to, or non-contributory with, such other insurance , i n which case this in surance will be primary t o, and no n-contributo ry with, such ot her in- surance . I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS · The follow ing is adde d to SECTION II -WHO IS AN INSURED : Any state o r political subd ivis ion that has i ssued a permi t in conn ectio n with opera t ions performed by you or on your berwl f and that you are requir e d Paoe 4 of 6 (f:) ?n 11 The Travelms\ tr1rlemnlly Compa ny . All rig ht~ re ~e rve d, 41096006 l lB f.\9 TMI All Lines I Amber Olivan I 3/29720ra :22 :47 PM (PDT Page / of 14 . CG 03 16 11 11 by any ordinance, Jaw or building code to include as an additional insured on this Coverage Part is an Insured, but o nly with respec t to l iab il ity for ''l")Oclily injury''. "prop erty damage", "personal In- jury" or "advertising injury" a ri sing out of such op- eratio ns. The insurance provided (o such state or political subdivision does not apply to: a.· Any "bodily injury," "property damage," "per- sonal injury" or "adve rtising injury" arising out of ope ralions performed for that state or po- litical subdivision; or b . Any "bod i ly injury" or "property damage" in- cluded In the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR· RENCE OR OFFENSE The following is added to Paragraph 2., Dµties In The Event of Occurrence, Offense, Claim or Suit , of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The fol lowing provi sions app ly to Paragraph a. above, but only for the purposes of the in - surance provided under th is Coverage Part to you or any insured listed in Paragraph 1. or 2. ofSection II:... Who Is An Insured: (1) Notice to us of sucti "occ urrence" or of- fense must be given as soon as practica- ble only after the "occu rrence" or offense is known by you (if you are an individual), any of your partnern 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 liabil it y ---------~., company-)~any-o f-y otrr-''exe-cative-offi~ cers" or directors (If you are an organiza- tion other than a parinership, joint venture or limited lia bi lity company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable on ly aft er the "occur·- . r·enceu or offense is known by: (a) Any individual who is: (i} A partner or member of any part - nership or joi nt venture; COMMERC IAL GENERAL LIABILITY (ii) A manager of any lim ited liabil ity company; or (iii) An executive officer or director of any ot her organization; t hat is your partner, joint venture member or manager; or (b) Any "employee" a uthorized by such partnership, joint venture , limited Ii: ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or· of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work - ers' compensation insurer. This applies only if you subsequen tly give notice to us . of th e "occurrence" or o ffense 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 w hich the insurance p rovided under this Coverage Part may apply. However, if this C overage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising ou t of a discharge , release or es- cape of "pollutants" which contains a requirement that the discharge, re lea se or escape of "pollut- ants" must be reported to us within a specific number of d ays after its abrupt commencement, this Paragraph e. does not affect that requ ire - ment. K . U NINTEt-.JILQNALO.M.LS_SJO..~--------- The following is added to Paragraph 6., Repre- sentations, of SECTION IV -COMMERClAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upo n in i ssuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect add itional premium or to exercise our righ ts of cancellation or nonrenewal in accordance with app l icable in surance Jaws 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 LJ. ABILITY CONDITIONS: PagG 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such per-son or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation , sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the defin ition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in tlrn 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 exc lusions 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 B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY K. AIRBAGS E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE -GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVIS:ONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION 11 _ COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acqu ire or form dur-C. E MPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II -COV- separate ly insured for Business Auto Coverage . ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un-An "employee" of yours is an "insured" while -------~iLthe-1-Both-day-after:.-y.ou-acquire-Gr-foFm -the--er------Peratil'.lg-ar:l-".auto~hir.ed-or-r-ented-Ynder-a,----- ganization or the end of the policy period, which-contract or agreement in an "employee 's" ever is earlier. name, with your permission , while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in 8.5., Who Is An Insured, of SECTION II -COVERED Other Insurance, of SECTION IV -BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS : Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- ered "autos" you own: that person or organ ization, that is signed and executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi-(2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee 's" name, With your CA T3 53 0215 © 2015 The Travelers lndemntty Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 41096006 I 18-19 TM! All Lines J Amber Olivan I 3/29/2018 1 :22 :47 PM (PDT ) I Page 10 of 14 COMMERCIAL AUTO perm1ss1on, while performing duties related to the conduct of your busi- ness . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs . E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), (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". of SECTION II -COVERED AUTOS LIABIL-(iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in-pay as damages because of "bodily eluding bonds for related traffic law viola-injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para-. 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SEC TI ON Ii -COVERED AUTOS LIAB IL-SECTION II -· COVERED AUTOS ITY COVERAG E: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, inc luding actual the reasonable expenses incurred loss of earnings up to $500 a day be-with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "in sured" against any such F. HIRED AUTO -LIMITED WORLDWIDE COV-"suit", but only up to and included ERAGE -INDEMNITY BASIS within the limit described in Para- The fol lowing replaces Subparagraph (5) in Para-graph C., Limits Of Insurance, or graph B.7., Policy Period, Coverage Territory, SECTION II -COVERED AUTOS ------~O SEC-T..JON-I V---BUSIN ESS-AlJ-l=O-GONDl---------1=-~A8tl.;-Ff¥-eevERAGE,and-not-in'------ TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em -have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro-settlements or defense expenses . hibits the transaction of bus in ess with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov-and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess , "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less {c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ® 2015 The Travelers Indemnity Company. All rights reserved . CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with Its permission . 41 096006 I 18-1 9 TMI All Lines I Amber Olivan I 3/29/2018 1 :22 :4 7 PM (PDT) I Page 11 of 14 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy , but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions , Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance 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: COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following 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 only: 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". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of · H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF SECTION IV -BUSINESS AUTO CONDITIONS: USE -lt>iCRi:ASED LIMiT Your duty to give us or our authorized representa- The following replaces the last sentence of Para-tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC-plies only when the "accide nt" or "loss" is known TION Ill -PHYSICAL DAMAGE COVERAGE: to : However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- 1. PHYSICAL DAMAGE -TRANSPORTATION pany); EXPENSES -INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para-manager (if you are a corporation or other or- _______ _,..r:a pb---A .4.a . .-"[r.anspor:tation-Expenses.------of-----Qaniz--ation)i-o~-----------------~ SECTION Ill -PHYSICAL DAMAGE COVER-(e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or "loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in -The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov-Of Rights Of Recovery Against Others To us, ered "auto" of the private passenger type. of SECTION IV -BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover-5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION Ill -PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap-s igned and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and 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 . 41096006 I 18-19 TM! All Lines I Amber Oliva n I 3/2 9/2018 1 :22 :47 PM (POT ) I 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 om1ss1on of, or unintentional error in, any information 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-renewa l. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted mat erial of Insurance Services Office, Inc. wtth its perm ission . 410 96006 I 18 -19 THI All Lines t Amber Olivan I 3/29/2018 1 :22 :47 PM (PDT ) I Pag e 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 Hable for an injury covered by this policy. We will not enforce our right against th e person or organization named in the Schedule. The additional premium for this endorsement shall be rniurn . Schedule Person or Organization % of the California workers' compensation pre- Job Description This endorsement changes the policy lo which it is attm:hed and i s 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.) E ndorsement Effective Policy No. UB3K2195891826G Enclorsement No. In sured Thermal Mechanical , Inc. Premium Insurance Company Countersigned by ____ _ DATE OF ISSUE : ST ASSIGN: Page 1 of 1 41096006 I 1 8 -19 TM! All Lines I Amb e r Oliva n I 3/29/20 1 8 1:22 :47 PM (PDT ) I Page 14 o f 1 4 Risk Strategi es Compan y 1400 Rocky Ridg e Drive, Suite 280 Roseville , CA 9566 1 City of Cupertino 10555 mary Avenue Cupertino CA 95014 MAIL DOCUMENT Ce rt ificate o r Insurance Del i very by ccc rtso nlincTM Sende r : Amber Olivan Ph o ne: Subj ect: Cert No . 41096006 -Certificate of Liability : Th erm al Mechanical , Inc . - Date: 3/29/2018 No. of Pages: 15 URL: www.risk-strategies.com THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WH ICH IT IS ADDRESSED ANO MAY CONTAIN INFORMATION THAT IS PRIVILEGED , CONF IDENTIAL ANO EXEMPT FROM DISCLOSURE UND ER APPLI CABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTI FIED THAT ANY DISSEMINATI ON, DISTRIBUTION OR COPYING OF TH IS COMMUNICATION IS STRICTLY PROHIBITED . IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US !MED IATE LY BY TELEPHONE , ANO RETURN THE ORIG INAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE . Ce rtifi ca te of In s urance Delive red by ecertsonline ™ In sura nce V ision s, In c. A ll ri g hts rese rved . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/2/2018 Risk Strategies Company 2270 Douglas Boulevard, Suite 220 Roseville, CA 95661 916.367.4303 916.978.1579 www.risk-strategies.com Michael Christian Amber Olivan, ARM aolivan@risk-strategies.com Thermal Mechanical, Inc. 425 Aldo Avenue Santa Clara CA 95054 41670361 3 3 3 officials, employees, agents, servants, and volunteers are included as additional insured on a primary and non-contributory basis as respects All Endorsements attached. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 RE: Public Works Project City Hall Compressor and Wilson Park Air Conditioner Replacement. The City of Cupertino, its City Council, officers, the Commercial General Liability. Waiver of Subrogation in favor of said parties include for the General Liablity and Employers Liability. A 1,000,000DT22CO8G80535ATIL184/1/2018 4/1/2019 300,000 3 5,000 3 1,000,000 2,000,000 2,000,0003 $10,000 PD Ded A DT8108G80535ATIL18 4/1/2018 4/1/2019 1,000,000 3 Comprehensive & Collision Deductibles - $1,000 Hired Auto Physical Dmg Included A CUP2J5107231826 4/1/2018 4/1/2019 5,000,00033 5,000,000 N/A A UB3K2195891826G 4/1/2018 4/1/2019 3 1,000,000YOfficers Excluded: 1,000,000 - Richard Rood - David Rood 1,000,000 A Rented/Leased Equipment QT6607F312272TIL18 4/1/2018 4/1/2019 $100,000 Limit Subject to $5,000 Ded B Pollution/Professional Liability 81M96109 4/1/2018 4/1/2019 $2,000,000 Per Occ/Aggregate Limit Travelers Property Casualty Co of America 25674 St Paul Surplus Lines Insurance Company 30481 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 1 of 9 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.c)WHO IS AN INSURED (Section II)is amended The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury"or agree in a "written contract requiring insurance""property damage"caused by "your work" to include as an additional insured on this Cover-and included in the "products-completed op- age Part,but:erations hazard"unless the "written contract requiring insurance"specifically requires youa)Only with respect to liability for "bodily injury",to provide such coverage for that additional"property damage"or "personal injury";and insured,and then the insurance provided to b)If,and only to the extent that,the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury"or "property damage"that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work"to which the "written contract which the "written contract requiring insur- requiring insurance"applies.The person or ance"requires you to provide such coverage organization does not qualify as an additional or the end of the policy period,whichever is insured with respect to the independent acts earlier. or omissions of such person or organization.3.The insurance provided to the additional insured 2.The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows:collectible "other insurance",whether primary, excess,contingent or on any other basis,that isa)In the event that the Limits of Insurance of available to the additional insured for a loss wethisCoveragePartshownintheDeclarations cover under this endorsement.However,if theexceedthelimitsofliabilityrequiredbythe "written contract requiring insurance"specifically"written contract requiring insurance",the in- requires that this insurance apply on a primarysuranceprovidedtotheadditionalinsured basis or a primary and non-contributory basis,shall be limited to the limits of liability re- this insurance is primary to "other insurance"quired by that "written contract requiring in- available to the additional insured which coverssurance".This endorsement shall not in- that person or organization as a named insuredcreasethelimitsofinsurancedescribedin for such loss,and we will not share with thatSectionLimitsOfInsurance.III "other insurance".But the insurance provided tob)The insurance provided to the additional in-the additional insured by this endorsement still issureddoesnotapplyto"bodily injury","prop-excess over any valid and collectible "other in-erty damage"or "personal injury"arising out surance",whether primary,excess,contingent oroftherenderingof,or failure to render,any on any other basis,that is available to the addi-professional architectural,engineering or sur-tional insured when that person or organization isveyingservices,including:an additional insured under such "other insur- i.The preparing,approving,or failing to ance". prepare or approve,maps,shop draw-4.As a condition of coverage provided to theings,opinions,reports,surveys,field or-additional insured by this endorsement:ders or change orders,or the preparing, a)The additional insured must give us writtenapproving,or failing to prepare or ap- notice as soon as practicable of an "occur-prove,drawings and specifications;and rence"or an offense which may result in aii.Supervisory,inspection,architectural or claim.To the extent possible,such noticeengineeringactivities.should include: CG D2 46 08 05 2005 The St.Paul Travelers Companies,Inc.Page 1 of 2 Thermal Mechanical, Inc. DT22CO8G80535ATIL18 4/1/2018 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 2 of 9 COMMERCIAL GENERAL LIABILITY any provider of "other insurance"which wouldi.How,when and where the "occurrence" cover the additional insured for a loss weoroffensetookplace; cover under this endorsement.However,thisii.The names and addresses of any injured condition does not affect whether the insur-persons and witnesses;and ance provided to the additional insured by iii.The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence"or ance"available to the additional insured offense.which covers that person or organization as a named insured as described in paragraph 3.b)If a claim is made or "suit"is brought against above.the additional insured,the additional insured must:5.The following definition is added to SECTION V. DEFINITIONS:i.Immediately record the specifics of the claim or "suit"and the date received;and "Written contract requiring insurance"means that part of any written contract or agreementii.Notify us as soon as practicable. under which you are required to include aTheadditionalinsuredmustseetoitthatwepersonororganizationasanadditionalin-receive written notice of the claim or "suit"as sured on this Coverage Part,provided thatsoonaspracticable.the "bodily injury"and "property damage"oc- c)The additional insured must immediately curs and the "personal injury"is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit",cooperate a.After the signing and execution of thewithusintheinvestigationorsettlementofcontractoragreementbyyou;the claim or defense against the "suit",and b.While that part of the contract orotherwisecomplywithallpolicyconditions. agreement is in effect;andd)The additional insured must tender the de- c.Before the end of the policy period.fense and indemnity of any claim or "suit"to Page 2 of 2 2005 The St.Paul Travelers Companies,Inc.CG D2 46 08 05 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 3 of 9 Thermal Mechanical, Inc. DT22CO8G80535ATIL18 4/1/2018 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 4 of 9 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 5 of 9 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 6 of 9 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 7 of 9 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 8 of 9 41670361 | 18-19 TMI All Lines | Amber Olivan | 5/2/2018 11:24:03 AM (PDT) | Page 9 of 9