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18-144 Thermal Mechanical, Community Hall AC InstallationCITY OF m PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on _J_u_ly_2_7~,_2_0_18 _____ _ ("Effective Date") by and between the City of Cupertino , a municipal corporation ("City"), and Thermal Mechanical , a Corporation ("Contractor") for air conditioning installation at Community Hall. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work , attached here and incorporated as Exhibit A , and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effecti ve Date and ends on April 26 , 2019 ("Contract Time") unless terminated earlier as provided herein . Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay , or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities , and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$ 29,674.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes , insurance , bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month , describing the Work performed during the preceding month , itemizing labor, materials , equipment and Public Works Project Community Hall -Air Cond.itioner Installation Public Works Contract $45,000 /Rev . May 22, 2018 Page I of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law , and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C-20 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation , including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld . Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Community Hall -Air Conditioner Installation Public Works Contract $45,000/Rev. May 22, 2018 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 an y tier and bar a subcontractor from performing Work on the Project, if City in it s sole discretion determine s 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 s ubcontractor, Contractor at it s own expense mu st p erfo rm th e subcontractor 's Work or hire a new sub contractor that is acce ptable to City . A Notice of Completion mu st be re cord ed within 15 days after City accepts the Work if the Contract involves w ork 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. T he reports must describe the Work and specific tasks performed , the number of workers , the hours , the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports , but Contractor will be permitted to retain copies. 10.2 If applicable , Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical , electrical and plumbing work; HY 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 Community Hall -Air Conditioner Installation Public Works Contract $45,000 /Rev . May 22, 2018 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify , defend , and hold harmless City , its City Council , boards and commissions, officers, officials , employees, agents , servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City , from and against any and all liability , damages, claims, stop notices , actions , causes of action , demands , charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors ; (c) Payment or nonpayment by Contractor or its subcontractors or sub -subcontractors for Work performed on or off the Project Site; and (d) Personal injury , property damage , or economic loss resulting from the work or performance of Contractor or its subcontractors or sub -subcontractors. 11.2 Contracto r must pay th e costs City in c urs in enforcin g this provision. Contractor must accept a tende r of defen se upon recei v in g noti ce from C ity of a third-party claim , in accordance w ith California Public Contract Code Section 9201. At City 's request, Contractor will as s ist City in the defens e of a claim , dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers ' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type , amount , class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice , purchasing insurance at Contractor 's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public Works Project Community Hall -Air Conditioner Installation Public Works Contract $45,000 /Rev . May 22, 2018 Page 4 o f 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work , as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775 , which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification , or type of worker needed to perform the Work, including health , pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR ; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30 ,000 or more ; (iii) Maintain certified payroll re cords in accordance w ith Labor C ode Sections 1776 and 181 2, and ele ctronicall y submit th em to th e Labor Comm iss ioner as required by the regulations of California, Department of Industrial Relation s ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day 's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. ( c) As required by Labor Code Section 1861 , by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race , religious creed, color, ancestry , national origin , ethnicity, handicap , disability , marital status , pregnancy , age , sex, gender, sexual orientation, gender identity , Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws , including Government Code Sections 12900 and 11135 , and Labor Code Sections 1735 , 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination , Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person , by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Community Hall -Air Conditioner Installation Public Works Contract $45,000/Rev. May 22, 2018 Page 5 of 11 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for 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 Community Hall -Air Conditioner Installation Public Works Contract $45,000 /Rev. May 22, 2018 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 off site in lawful manner; ( d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; ( e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks , drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks , local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. Public Works Project Community Hall -Air Conditioner Installation Public Works Contract $45,000 !Rev. May 22, 2018 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Wayne Shipley -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City 's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Community Hall -Air Conditioner Installation Public Works Contract $45,000 /Rev. May 22, 2018 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 approva l as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials , including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents , and statutes attached , referenced , or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Comp letion 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 Community Hall -Air Conditioner Installation Public Works Contract $45,000 !Rev. May 22, 2018 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Ken Tanase To Contractor: Thermal Mechanical --------------Attention: Wayne Shipley Copy to: Copy to: Carl Valdez ------------- Email: kent@cupe1tino.org Em a i 1: WSHIPLEY@thermalmech.com 30. VALIDITY OF CONTRACT 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 Community Hall -Air Conditioner Installation Public Works Contract $45,000 /Rev . May 22, 2018 Page !Oof ll IN WITNESS WHEREOF , the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Thermal Mechanical Title : Service Mana Signature Date: 7-I?· ~O I y APPR0 AS TO FO~: . ~vG·vn--By: V. FIERRO ATTEST: CITY OF CUPERTINO, a Municipal Corporation By:Q~ Timm Borden Title: Director of Public Works Signature Date: __ }_,___., _._! ~~-· _l _~------ By : G)~W----;2r..1r GRACE SCHMIDT, City Clerk Public Works Project Community Hall -Air Conditioner Installation Public Works Contract $45,000/Rev. May 22, 2018 Page 11 of 11 THERMAL February 13, 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 re lated 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: Replacement of Community Center Server Closet Air Conditioning Unit. Dear Mr. Tanase , Thermal Mechanical offers this proposal for the replacement of the Server Closet A/C Unit. This proposal was made difficult because the Server Closet Equipment is located in a closet not really a Server Room. The existing Split System A/C Unit is located directly above the Server Racks which is Not a good idea because of the possibility of a water related mishap . Our proposal includes a New Mitsubishi Stand Alone Unit to offer temperature control for the Closet Server Equipment. The Scope of Work is as follows: •!• Following permit approval, we will mn a New Electrical Service to the roof to be attached to the New Mitsubishi Condensing Unit. •!• The Electrical Service Upgrade will include the Mitsubishi Air Handler located in the Hallway Location. •!• Mount the New A/H and associated duct work, custom made for this application. •!• Set the New Condensing Unit on the roof, top sleepers and caps. •!• Inter connect controls and refrigeration piping . •!• Condensate will be pumped to the roof for disposal. •!• (2) Grills will be cut into the Closet Doors to allow for better air flow. •!• Startup will complete this part of the installation. •!• The Old A/H located above the Server Room Equipment will be removed from service. o Refiigeration Lines , Controls and System Interconnect will be pulled from service •!• Site Clean off will complete the project. Design Sales Service of: Air Conditioning Heating Plumbin g Process Piping D .D.C. & Pneumatic Controls In bu siness since 1969 -www.Thermalmech.com/E-mail: Thermal@thermalmech.com WE ARE AN EQUAL OPPORTUNITY EMPLOYER EXH I BIT "A" Page 2 •!• Thermal Mechanical has excluded: Overtime Labor, Painting, Life Panel Work, and Structural Upgrades. •!• For a price of $29,674.00 we will complete this project. Should you have any questions please contact our Service Depai1ment Office. Approved By Date Service Manager PO# EXHIBIT "A" l' LA.-__ .. s Go ~ -I~ r,; NA Jill..; "I;: ' '---~ ~ ~ '. SI:: 2:.--~ t> I'!. NA-'4 ,. r / rr . (..,-..'I.., . " 11""---'c .,,. .. 1 r...v e-"',w.-,.... .. " I '· I ·' i ,'~ i ,, it "<(_ (, I ·.1 I ,, /, I / (.,..n<I" ~ .... , L, µ, ~c:.,... ~D ' ~& 1 · '"" L, N\; e(/'V'. 0 , r' 5. ~ f r:: P,,..,""o · ' y lJ . /} \ . } V . i ) ( \ ' I ' '·"i-· p ' . G,,(. ~"'--~~1 J)o& < I r H f l.(;i'(J rt-t C ,.,,.,., nT.." •-C. V() i;:·,1.,..-flM,,. bl ~ (:-'t.4-"\ {r-t~---, c;:1'L I t'\f'I'\..,_ CLo{·~~ .(} ll"\"'</\ \.M V \"\ I 'i'"-~1 I -- M-SERIES : SUBMITTAL DATA: SEZ-KD15NA4** & SUZ-KA15NA • MITSUBISHI 1'-ELECTRIC 15 ,000 BTU/H HORIZONTAL-DUCTED HEAT-PUMP SYSTEMS ----------- Job Name. ii1Jl11iiill:il I -System Reference : .. APPLIES TO INDOOR UNIT: o SEZ-KD15NA4 o SEZ-KD15NA4.TH o SEZ-KD15NAR1 .TH o SEZ-KD15NA4R1 .TH Indoor Unit: SEZ-KD15NA4" Outdoor Un it: SUZ-KA15N A GENERAL FEATURES • Horizontal-ducted indoor unit for concealed • Ultra thin body : 7-7/8" high • Built-in drain mechanism for condensate removal; lifts to 21-11/16" • Air filter is included with indoor unit • Quiet operation -as low as 23 dBA • Indoor unit powered from outdoor unit using A-Control • AUTO fan speed control • Automatic restart following a power outage • Limited warranty : five years parts and seven years compressors ACCESSORIES Indoor Unit o Condensate Pur11p (BlueDiamond X87-711/721 : 115/230V) o Condensate Pump (Sauermann Sl30-115/230; 115/230V) o Filter Box with MERV 8 Filters (FBL 1-2) o Bottom Return Plate (BRP-2) Outdoor Unit o Three-pole Disconnect Switch (TAZ-MS303) o Air Outlet Guide (MAC-889SG) o Mounting Base (DSD-400P) o Mounting Pad (ULTRILITE1) o Wall Mounting Bracket {QSWB2000M-1) Controller Options o Wireless Controller {MHK1) o Wired Remote Controller (PAR-32MAA-J) o Wireless Interface for kumo cloud'"' (PAC-WHS01WF-E) o Thermostat Interface (PAC-US444CN-1) o Hand-held Wireless Remote Controller (PAR-FL32MA; req.PAR-FA32MA-E) o Wireless Signal Receiver Module PAR-FA32MA {for PAR-FL32MA-E) SPECIFICATIONS Cooling' Rated Capacity ...........•.....•............. 14, 100 Bt u/h Capacity Range .......•.........•...... 3,800 -17,000 Btu/h SEER ............................................ 15.5 Total Input. ...................•................. 1,1 70 W Heating at 47°F2 Rated Capacity ..............•..•............. 18,000 Btu/h Capacity Range .................•..... .4 ,800 -21 ,100 Btu/h HSPF ............................................ 10.0 Total Input .........•...•..•..................... 1,500 W Heating at 17°F3 Rated Capacity ..............•..•............. 11,900 Btu/h Rated Total Input .........•...................... 1,200 W Maximum Capacity" ........................... 11 ,900 Btu/h Maximum Total Input ............................. 1,650 W 1 Cooling I Indoor: so• F (27° C) DB/ 67° F (19° C) ws· 1 Cooling I Outdoor: 95° F (35° C) DB/ 75° F (24° C) ws · 'Heating at 47 ° FI Indoor: 70 ° F (21° C) DB/ 60° F (16° C) ws· 2 Heating at 47° F I Outdoor: 47 ° F (8° C) DB/ 43° F (6° C) ws· 3 Heating at 17° FI Indoor: 70° F (21° C} DB/ 60° F (16° C) ws· 3 Heating at 17° FI Outdoor: 17° F (-8° C) DB/ 15° F (-9° C) WB ' · Rating Conditions per AHRI Standard ·· Maximum Capacity is at full speed and performance for INVERTER-driven System. Specifications are subjec1 to chan ge w ithout notice. Date : ENERGY STAR"' ..................................... Yes ENERGY STAR products are third-party ce rt ified by an EPA-recognized Certification Body. Electrical Requirements Power Supply .................... 208 / 230V. 1-Phase. 60 Hz Re commended Fuse/Breaker Size. . . . . . . . . . . . . . . ... 15 A OPERATING CONDITIONS Indoor Intake Air Outdoor Intake Air Temo. Temo. Maximum 90° F (32 ° C) DB 115° F (46 ° C) DB 73° F 123° Cl WB Cooling' 67° F (19°C) DB Minimum 57 ° F 114° C) WB 14° F (-10° C) DB Maximum 80 ° F (27° C) DB 75° F (24° C) DB 67° F /19° C) WB 65 ' F /18 ' C) WB Healing 70° F (21° C) DB -4° F (-20 ° C) DB 5 Minimum 60° F 116° C) WB -5 ' F (-21 ' C) WB 5 .1. Applications should be restricted to comfort cooling only: equipment cooling applications are not recommended for low ambien t temperature condilfons. ! System cuts out at ~9° F (·27° C) to avoid thermistor error and automatically res tarts at -4° F (·20° C). Voltage Indoor -Outdoor S1-S2 ....•.................. AC 208 / 230V Indoor -Outdoor S2-S3 . . . . . . . . . . . . • . . . . . . . . .... DC ±24V Indoor Unit MCA ..... . .•............................ 1A Blower Type x Quantity ....................... Sirocco Fan x 3 Blower Motor Type . . . . . . . . . . . Direct-driven DC Brushless Motor Blower Motor Output. ................................ 96 W Blower Motor (ECM) ............................. 0 . 74 F.L.A. Airflow {Lo -Med -Hi) ................ 353 -441 -529 Dry CFM 317 -396 -476 Wet CFM Air Filter . . . . . . . . . ........... Polypropylene Honeycomb Ext ernal Static Pressure ............ 0 .02 -0 .06 -0 .14 -0.20'WG Sound Pressure Level {Lo -Med -Hi) ......... 30 -34 -37 dB(A) DIMENSIONS UNIT INCHES/ MM w 39 / 990 D 27-9/161700 H 7-7/81200 Weight ..................................... 54 lbs ./ 24 kg External Finish ...................... Galvanized-steel Sheets Field Drainpipe Size O.D ....................... 1-1/4" / 32 mm Outdoor Unit Compressor .......•........... DC Inverter-dri ven Twin Rotary MCA .................•............................ 12A MOCP ............................................. 15A Fan Motor (ECM) .........•.........•........... 0 .50 F.L.A. Sound Pressure Level Cooling ...............•...•..•...•..••..•.... 49 dB{A) Heating . . . . . . . . . . . . . . . ................. 51 dB{A) DIMENSIONS INCHES/MM w 31-1/2 / 800 D 11-1/4 / 285 H 21-5/8 / 550 Weight ............................... , .... 80 lbs . / 36 kg External Finish .......•..•......•.... Munsell No. 3Y 7.8 / 1.1 Refrigerant Type ................................... R41 QA Refrigeranl Pipe Size O.D . Gas Side ..........................•...... 1/2" / 12.7 mm Liquid Side ,... . . . . . . . . . . . . . . . . ... 1/4" / 6 .35 mm Max. Refrig erant Pipe Le ngth ...................... 65' / 19 m Max. Refrigerant Pipe Height Difference .....•....... 40' / 12 m Connection Method ................................ Flared © 2 01 6 Mitsubishi Electric US . Inc. PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects-$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability \\ 11 -~ arising from Contractor 's or Subcontractor's acts or omissions, including Contractor's protected coverage , t" V P9 blanket contractual, products and completed operations, vehicle coverage and employer 's non-ownership liability ""K\ coverage , with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all x fig_f' .. ~iability for personal injury, death , property damage or destruction, and personal and advertising injury. If a general ~ ~ggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG W 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 (I) 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 shalJ be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c . The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code I), or if Contractor has no owned autos, then , / hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. J 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. 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 . ~ NIA if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form , with limits equal to the completed value of the project and no coinsurance penalty provisions . ~ NI A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$45,000 Vers ion : Nov 201 7 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ NIA if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-l11sured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status / The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered V as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished . Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 IO 11 85 or if not available, through the addition of both CG 20 IO , CG 20 26, CG 20 33, or CG 20 3 8; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property [nstallation 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. l nsurance Requirements for Construction Contracts -$45 ,000 Version : Nov 201 7 2 Waiver of Subrogatio11 foach required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation '\. /it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of"A" or better and a financial size rating of"VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required . Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Insurance Requirements/or Construction Contracts -$45 ,000 Version: Nov 2017 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH IS 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 ISSU ING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIF ICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requ i re an endorsement. A statement on this certificate does not co nfer rights to the certificate holder i n lieu of s uc h endorsement(s ). PRODUCER Risk StratePcies Compa1 CONTACT Amber Olivan ARM NAME: 2270 Doug as Boulevar , Suite 220 PHONE 916.367.4303 I FAX 916.978.1579 Roseville, CA 95661 I Alr No Ext\: (A/C Nol: E-MAIL aolivan@risk-strateaies .com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # www .risk-strateg ies .com INSURER A : Travelers Property Casua lty Co of America 25674 INSURED INSURER B : St Paul Surolus Lines Insuran ce Company 30481 Therma l Mechanica l, Inc. INSURERC : 425 Aldo Avenue Santa C lara CA 95054 INSURERD: (NSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER: 41554379 REVISION NUMBER: T H IS IS TO C ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING AN Y R EQUIREMENT. TERM OR CONDITION OF AN Y 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 , E XC LUS IONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,;f,J-Jf/r./Wy1 (~~L6%~ LTR TYPE OF INSURANCE nu<:n wvn POLICY NUMBER LIMITS A J_ COMMERCIAL GENERAL LIABILITY ./ ./ DT22C08G80535ATIL 18 V 4/1/2018 4/1/2019 1/' EACH OCCURREN CE S 1,000 000 v :=J CLAIMS-MADE w OCCUR DAMAGE TO RE NTED 1--PREMISES (Ea occurrencel $300 ,000 MED EX P (Any one person) ~ $5,000 P E RSONAL & ADV INJURY S 1 000 ,000 ~ V GEN'L A GG R EGATE LI MIT APPLI ES PER : GENERAL AGGR EGAT E s 2 ,000 ,00 0 ~ [{]PRO-D PRODUCTS -COMP/O P AGG $2,000 000 ~ PO LI CY JECT LOC OTHER: $10 000 PD Ded $ A AUTOMOBILE LIABILITY ./ DT81 08G 80535ATIL 18 V 4/1/20 18 4/1/2019 V COMBIN ED SI NGLE LI MIT s 1,000 ooo v' /Ea acc ident\ - _:i_ ANY AUTO BODI LY INJURY (Per person) $ -OWNED SCH EDULED BODILY INJURY (Per accident) $ -AUTOS ONLY -A UTOS HI RED NON-OWN ED PROPE RTY DAMAGE $ ,__ A UTOS O NLY ~ A UTOS ONLY Comprehen sive & Collision /Per accidentl Deductibles -$1 000 Hired Auto Phvsi cal D . J 11,v , A J_ UMBRELLA LIAB H O CC U R CUP 2J510723 1826 4/1/2018 4/1/2019 V EAC H OCCURR EN CE / s 5,000 ,000 ' \ / EXCESS LI AB CLAIM S-MADE AGGREGATE ( $5 000,000 1 OED I I R ETENT ION sN/A \.. $ / A WORKERS COMPENSATION ./ UB3K2195891826G v 4/1/2018 4/1/2019 V I PE R I I OTH-./ STATUTE ER AND EMPLOYERS' LIABILITY Y /N ANYPROPR IE TOR/PARTNER/EXECUTIVE ~ NIA Officers Excluded: E.L. EACH ACCIDENT s 1000000 V OFFICER/MEMBER EXCLU DE D? (M andatory in NH) -Richard Ro od E.L. DISEASE -EA EMPLOYEE s 1 nnn nnn If yes, describe under D ESCRIPTI O N OF OPERATIONS be low -David Rood E.L. DI SEAS E -PO LI CY LIMIT S 1 000 000 A Rented/Leased Equipment QT6607F31 2272TIL 18 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 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more s pace is required) RE: Replac ement of Community Center Server Closet Air Condition ing Unit at Community Ha ll. The City of Cupertino , its City Council , officers , offi cia ls, empl oyees , agents , servants and volunteers are in cl uded as additional insured on a primary and non-contributory basis as respe cts th e Commercial Genera l Liabi lity policy . Waiver of Subrogation in favor of sa id parties is in cluded on the General Liability , Automobi le Liability, an d Employers' Liab ility policies . All endorsements are atta ched. CERTIFICATE HOLDER CANCELLATION Citi of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP IRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 55 Ma'c Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino A 9501 4 AUTHORIZED REPRESENTATIVE /..-~, ~· I -:,--__ ) .A/.' / ,v ~~~~/ ... ·<) <_A'-..-i . ..-::,-t;; .. , I Mi chae l Chri sti an © 19 88 -2 01 5 ACORD CORPORATI ON. A ll rights reserved. ACORD 25 (20 16/0 3 ) The ACORD name a nd logo are reg istered marks of ACORD 4155 4 379 j 18-19 '!'MI A ll Lines J Amber O l ivan J 4/26/2018 10:15 :33 AM (PDT) J Page 1 of 1 4 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization . 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in - surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve , maps, shop draw- ings , opinions, reports, surveys , field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove , drawings and specifications ; and ii. Supervisory, inspection , architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op - erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured , and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period , whichever is earlier. 3 . The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis , that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis , this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in - surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible , such notice should include : CG D2 46 08 '05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 41554379 I 18-19 TMI All Liue::; I Amber Ol ivan I IJ/26/2018 10 :1~:33 AM (PDT) I Page 2 of 14 COMMERCIAL GENERAL LIABILITY i. How , when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses ; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense . b) If a claim is made or "suit" is brought against the additional insured , the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received ; and ii. Notify us as soon as practicable . The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable . c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of t he claim or defense against the "suit", and ot herwise comply with all policy cond itions . d ) The additional insured must tender the de - fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cove r the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3 . above . 5 . The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" mean s 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 agreem e nt by you ; b. While tha t part of th e contract or agreement is in effect ; and c. Before the end of the policy period. Page 2 of 2 © 200 5 The St. Pa ul T ra vel ers Comp anie s, Inc . CG 02 46 08 05 41554379 I 18-19 TMI All L.iHes I Amber Olivan / 4/26/2018 10 :15 :33 AM (l>D'l') j Pa ge 3 of 1 4 COMMERCIAL GENERAL LI ABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -T his endorsement broadens coverage . However, coverage for any injury, damage or medical expenses described in any of tl1e provis ions of this endorsement may be excluded or limited by another endorsement to th is Coverage Part, and these coverage broadening provlsior,s do not a pply t o the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age descript ion only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights. duties , and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Prem ises Rented To You C. lncreased Supp lementary Payments D. Incidental Medical Malpractice E. Who ·is An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries ,· G. Blanket Add itional Insured -Owners, Manage rs Or Lessors Of Prem ises PROVISIONS A . AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply t o an aircraft t hat is: (a) Chariered with a pilot to any in sured; (b) Not owned by any Insured; and (c) Not being used to carry any pe r son or prop- eriy for a charge . B. DAMAGE TO PREMISES RENTED TO YOU 1. Tile first paragraph of the except ic:ms in Ex- clusion j ., Damage To Property, in Para- graph 2. of SECTlON I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is de leted. 2. T ile following replaces t he last paragraph of Paragraph 2 ., Exclusions, of SECTION I - COVERAGES -COVERAGE A BODILY H. Blanket Addi t ional Insured -Lesso rs Of Leased Equ ipmen t I. Blanket Add itiona l Insured -States Or Political Subdivisions -Permi t s J. Knowledge And Notice Of Occurrence Or Off e nse K. Unin t entional Omission L. Blanket Wa iver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI• ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1 )(a) does not app ly to "prem ises damage" caused by: a. Fire; b. Explos ion; c. Lightning; d. Smoke resu lting from such fire, exp los ion, or lightning; or e. Water; unless Exclusion f. of Section I -Coverage A -Bodily lnju1-y And Property Damage Liability is replaced by anothe r endorsement t o this Coverage Part that has Exclusion -A ll Pol l u- tion Injury Or Damage or Total Pol l ution Ex- clusion in its tii.l e. A separate limit of insu rance a pplies to "premises damage" as described in Para - graph 6. of SECTION Ill -LIMITS OF IN- SURANCE. Page 1 o f 6 COMMERCIAL GENERAL LIABILITY 3. The follow ing replaces Paragraph 6, of SEC· TION Ill -LIMITS OF INSURANCE : Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises . The Damage To Premises Rented To You Limit wi ll apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; exp l os ion; lightning; smoke resulting from such fire, exp lo sion, or lightning; or water; m any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Prem i ses Rented To You Limit on the Declarations of th is Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TlONS Section: a. A contract"for a lease of premises. How- ever, that portion of the contrnct for a · lease of premises t ha t indemnifies any person or organization for up remises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: · "Premises damage" means "property dam- agelJ to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following r eplaces Paragraph 4.b.(1)(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The fo ll owing replaces Parag ra ph 1.b. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGE: b. Up to $2 ,500 for the cost of bail bonds required because of accidents or traffic l aw vio lations arising o ut of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do noi have to fur- nish these bonds . 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGES: d. All reasonable expenses incurred by the insured at our req·uest to assist us in the investigation or defense of the cla im or "suit", including actual loss of earnings up to $500 a day because of t im e off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The f ollowing is added to the defini tio n of ''oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidenta l med ical services11 , first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Paragraph (1)(d) above does not apply to ubodily injury" arising out of providing or fail- ing to provide: (i) "Inciden ta l medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technic ian or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volun t eer workers", other.than an employed or vol - unteer doctor. Any such "employees" or IJvolunteer workers" providing or fai ling to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or perfo1·mlng duties re l ated to the conduct of your busi- ness. Paae 2 of 6 © 201 ·1 The Trave lers lndernnlty Company. /\II rights reserved. 41554379 I 18~9 TMI All Lines I Amber Olivan j 4/26/2018 10:15 :33 AM (PDT) I Page 5 of 14 CG 03 16 11 11 3 .. T he following is added to Paragraph 5 . of SECTION Ill -LIMITS OF INSURANCE: For th e purposes of determin ing t h e app lic a- ble Each Occurre n ce Lim it, a ll rela ted acts or omis s ions comm it1ed in providing or fa il ing to prov id e "incidenta l me d ical services", firs t aid or "Good Samaritan se tvice s" to any one per- son will be d eemed t o b e one "occurrenc e ". 4. Th e following exclusion is added to Para- graph 2., Exclusions , of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily inj ury" or "property d a mage" arising out of the willfu l viol ation of a penal sta tu te or ordinance relating to the sale of pharmaceuti- cals committed by , or w ith the knowledge or c onsent of, t he ins ured . 5. The f o ll owing is added to the DEFINITIONS Section : "In c id ental medical serv ices" means: a . Med ica l, surg ica l, den t a l, laboratory, x-ray or nursin g service or treatment, adv ice or ins t ruction, or the related furnishing of foo d or bevera ges; o r b. T he furnishing or dispen si ng of drugs or medical, dental, or surgica l supp li es or app li ances. "Good Samarit an services" means any emer- gency med i cal services for which no co mp en- sation is demanded or re ce ived. 6. The fo ll owing is added to Paragraph 4.b., Ex· cess Insurance, of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI - TIONS: T he ins urance is excess over any va lid and c ollecti ble other ins ura nce available to the in- sured, w hether primary, excess, contingen t o r on any other bas is , t ha t is available to any of yqur . "~mplo yees " or ''volunteer worl<ers" for "bo dily injury" th a t arises out of provid in g o r failing to provid e "incide ntal medical se r- vices", first aid or "Good Samaritan se rvi ces " to any person to th e extent not subj ect to P aragrap h 2.a.(1) of Section II -W ho Is An In s u re d . E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS T he following rep laces Pa rag raph 4. of SECTION II -WHO IS AN INSURED : CO MM ERCIAL GENERAL LlABILlTY 4 . Any organiz ation you newly acq uirn or fo rm, other than a p artner s hip, j oi nt venture or l im - it ed fia b il it y company, of wh ich you are th e so le owner or in which you mainta in tt1e ma - jo rity own ers hip interest , will . qualify as a Named In su red if t here is no other insurance · which provides s imilar cover-age to that or- ganization . However: a. Coverage und e r t his provision is afforded on ly : (1) Unti l the 180th day a fte r you acquire or form the organiz ation or the end of the po li cy per iod , whichever is earlier, if you do no t re po rt such organi zation in w rit ing to us with in 180 days after you acq uire or form it ; or (2} Until the e nd of the po licy pe r iod, when that date is late r than 180 days after you acquire or form such organizatio n, if you report such o rganiza ti on in w ri ti ng to us wi t hin ·J 80 days after you acqu ire or form it, an d we agree in writing that it wi ll con- tinue to be a Named Insured until the end of the po li cy pe riod ; b. Coverage A does not a p ply t o "b odi ly injury" or "pro pe rty damage" that occurred before you acq u ired or form ed t he o rga ni za tion; and c. Coverage B does not apply to "pe rso nal in - jury" or "a dve rti sing injury " arising o ut of an offense commi tted before . you acquired or formed the organization. F. WHO JS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The followi ng is added t o SECT ION II -WHO IS AN INSURED : Any of your subsidiaries, other than a partnersh ip, joi nt ven t ure or li m ited liability company, that Is not shown as a Named Insured in th e Dec la ra- t io ns is a Named Ins ure d if you maintain an own- ership in terest of more than 50% in su ch su bsi di - ary on the firs t day of th e pol icy period. No such subs idiary is an in s ured for "bodily inj ury" or "prop erty damage" that occurred , or "perno nal injury" or "advertising injury" caused by an of- fense co mmitt ed afte r th e date, if any, during the policy period, that you no longer maintain an ow ners hip interest of more than 50% i n such sub- sid iary. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The fol lo win g is added to SECTION II -WHO IS Al'J INSURED: Any person or organization th at is a premises owner, manager or lessor and that you have agreed in a written contract or agreement lo in- clude as an additionaf insu red on this Coverage Part is an insured, but on ly with respect to liability For "bodily injury'', "property damage", "personal injury" or "advertis ing injury" that: a. Is "bodily injury" or "property damage" tha t occurs , or is "persona l injury" or ''advertising injury" caused by an offense that is commit- ted, subsequent to the execution of tha t con- tract or agreement; and b. Arises out of the ownership , maintenance or us·e of tha t part of any premises leased to you. Th e insurance provided to such premises owner , manager or lessor is subject to the fol lowing pro- v isions: a. The limits of insurance provided t o such prem ises owner, manager or lessor will be the minimum limi ts which you agreed to pro- vide in the written contract or agreement, or tt1e limits shown on the Declaration s , which- ever are less. b. The insurance provided to such prem ises owner, manager or lessor does not apply to: (1) Any "bod ily injury" or "property damage" that occms, or "personal inj ury'' or "adver- tising injury" caused by an offense that is comm itted , after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or. manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and co ll ectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any othe r basis, unless you have agreed in Lhe written co ntract or agreement that this in- s urance must be primary to, or non- contributory with, such other insu rance , in which case this insurance will be prima1y to , and non-contributory with, such other insu r- ance. H . BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQU IPM ENT Th e following is added to SECTION II -WHO JS AN INSURED: Any person or organization that is an equipme nt lessor and that you have agreed in a written con- tract or agreement to include as an insured on tl1is Coverag e Part is an Insured , but only with re- spect to liability for "bodily Injury", "property dam- age", "personal injury" or "advertising injury" lhat: a. ls "bodily injury" or "property damage" that occurs, or is "pe rsona l injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, In whole or l n part, by your acts or omissions in the maintenance, operation or us~ of equipment leased to you by such equipment lessor. The insuran ce provided to such equ ipment lessor is subject to the following provisioris: a. The l i m its of insurance provided to such equipment lessor will be the minimum lim its which you agreed to provide in the written con tract or agreement, or the lim its shown on t he Declarations , whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property dama ge" t hat occurs, or "personal injury" or "advertising injury''. caused by an of- fense th at is . committed, after the equipment · lease expires. c. The ins urance provided to such equipment lessor is excess over any va lid and collectible other insurance available to such equipment lessor, whethe r primary, excess, contingent or on any other bas is, unless you have agreed in the written contract or agreement th at this insurance must be primary t o, or non-contributory with, such other in surance, i n which case this insurance will be primary to, and non-contributory with, such other in- su rance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS The fo llowing is added to SECTION II -WHO IS AN INSURED : Any st ate or political subdivision that has issued a permit in connection w ith opera t io ns pe rfo rmed by you or on your behal f and that you are required Pao e 4 of 6 . (c;} ?n11 T he Trave [flr !l lndemnltv Co rnp a ny . All riohlR re:;erved , 41554379 I 18~9 TMI All Lines I Amber Ol1van I 4/267i0Ia 10:15:33 AM i'DT) I Page 7 of 14 . CG D3 16 11 11 by any o rdinance, law or building code to in clud e as an addit iona l in s ured on this Coverage Part is an insured, but on ly with respect to liability tor "bodily injury''. "prop e 1i y damage", "personal in- ju r y" or "advertising irijury" arising out of such op- erations. The itisurance provided to such state or political subdivision does not apply to : a.· Any "bod ily injury,'' "prop erty damage," "p e r- sonal inju ry " or "adve rtising injury" ar ising ou t of operations performed for that state or po- litical subdivision; or b . Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR· RENCE OR OFFENSE T he following is added to Paragraph 2., Dµties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV -COMMERCIAL GEN - ERAL LIABILITY CONDITIONS; e. The following provisions app ly to Paragraph a. above , but only for the purposes of t he in- surance prov ided under t his Cov er age Part to you or any insured listed in Paragraph 1. or 2. of Section II._ Who Is An Insured: ( 1) Notice to us of sucr1 "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (i f you are an individual), any of your partn ers or rnembe i-s who is an individual (if you are a partnership or joint venture), any of your rnanagers who is an individual (if you are a lim ited liabil ity · company), any of your "execut ive offi - cers" or directors (if you are an organiza- tion other than a partnersh ip, joint venture or limited lia b ility cornpany) or any "e m- ployee" authorized by you to give no t ice of an "occurrence " or offense. (2) If you are a partnership, join t venture or lim ited liab i li t y company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- . re nce". or offe nse is known by : (a) Any individual wh o is : (i} A partner or membe r of any part- nership or j oint venture ; COMMERC IAL GENERAL LIABILITY (ii) A manager of any l im ited liab ility company; or (iii) An exe cu tiv e officer o r director of any other organi za tion; that is yo ur partner, joint ventu re member or mana ge r; or (b) Any "emp loyee" au t horized by such partn ersh ip, joint venture , limited li-:- abil ity co mp any or other organ ization to g ive notice of an "occurrence" or offense. (3) Notice to us ·of s uch "occurrence" or of an offense will be deemed to be given as soon as pract i cable if it is given in good faith as soon as pract icable to your work - er s' compensation insurer. T his applies only if you subsequently give notice to us. of the "occu rre nce" or offense as soon as practicable after any of the persons de- scribed in Para graphs e. (1) or (2} above discovers that the "occurre nce" or offense may resu lt in sums to which the insu ranc e pi·ovided und er this Coverage Part may apply. However, if th is Coverage Part includes an en- dorsement t hat provides limited coverage for "bodily injury" or "property damage" or pollution costs arising ou t of a discharge, release or es- cape of "pollutan ts " which contains a requirement that the discharg e , release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement. this Paragraph e. does not affect that requ ire- ment. K. UNINTENTIONAL OMJSSION The following is added to Paragraph 6., Repre- sentations. of SECTION IV ~ COMMERCIAL GENERAL LIABILITY CONDITIONS: T he unintentional omission of, or un intentional error in, any info rm ati on provided by you which we relied upon in issui ng th is policy will not preju- dice your rights under this insurance. However , this provision does not affect our right to collect additional premium or to ex ercise our rights of cance ll ation or nonrenewa l in accordance wi th app licabl e insura nce laws or regulation s. L. BLANKET WAIVER OF SUBROGATION Th e following is added to Paragraph 8., Transfer · Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABJLITY CONDITIONS: Page 5 of 6 COMMERCIAL GENERAL LIABILITY If t he insured has agreed in a contract or agree- ment to waive that insurnd's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property darr1age" that oc- curs; or b. ''.Personal injury" or "advertising injury" caused by an offense that is cornmitted; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The fol lowing replaces the defin it ion of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, menta l 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 contracl" in the DEF INI- TIONS Section: c. Any easement or license agreement; 2 . Paragraph f.(1) of the definition of "insured contract" in the DEF I NITIONS Section is de- leted . CGD3161111 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF 8. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over wh ich you maintain 50% or more ownersh ip interest and that is not separately insured for Busi ness Auto Coverage. Coverage under this prov ision is afforded on ly un- til the 18oth day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. 8. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which I. USE -INCREASED LIMIT PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J, PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qual ifies as an "insured" under the Who Is An Insured prov ision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The fo ll owing is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An Nemployee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your perm ission, while performing duties re lated to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Phys ical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 0215 ~ 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office , Inc. with Its permission. 41554379 I 18-19 'l'MI All Lines J Amber Olivau I •i/26/2018 10 :15:33 AM (PDT) I Page 10 of 11 COMMERCIAL AUTO perrmss1on, while perfonning duties related to the conduct of your busi- ness . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto• you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of t ime off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the wor1d, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the Un ited States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "su it " brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured " against, or in the settlement of, any claim or "suit". (iv} We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para-. graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 (!l) 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 4 1 ~~43'79 I 18 -1 9 'l'MI All Lines j Amber Olivan I 4/26/2018 10:15:33 AM (PDT) I Page 11 of 14 You agree to maintain all required or compulsory insura nce in any such coun- try up to the m inimum limits requ ired 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 furn ishing of certificates of insurance, or for comp li ance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for tempo rary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclus ion 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". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of · SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized repres~Inta- tive prompt notice of the "accident" or "loss" ap - plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The follow ing rep laces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 @ 2015 The Travelers Indemnity Company. All rights reserved . Page 3 of 4 Includes copyrighted mater ial of Insurance Serv ices Office, Inc. wtth its permission. •HSS4379 I 18 -19 TM! All Lines i Amber Olivan I 4./26/2018 10:15:33 AM (PDT) 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 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om,ss,on 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 co l- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 @ 2015 The Travelers Indemnity Company . All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Offlce, Inc. with Its permission . 41554379 I 18 -19 TMI All Lines I Amber Olivau I •l/26/2018 10:15:33 AM (PDT) I Page 13 of 14 ..... TRAVELERSJ OllE rollill SQUAJlB iU.TIIOIU', CT 06Ul WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( Al-001 POL~·c,r,;,;;.,v WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENOORSEMENT-CALIFORN~ (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covere<l by this policy . We wilt not enforce our right against the person or orga11izallon nam~ in the Schedule. The add it iona l premium for this endorsement shall be 03. 000 % of the Califom io workers· compensation pre- mium Person or Org.aniZatlon ANY PERSON OR ORGAMIZATIOM BOR WHICR TBJ! IHSU1UID HAS AGUl!D BY WRITTKN CO!ITRAt'I' D:J!CUTKD PRIOR TO LOSS TO PURBISH THIS il'AIVn, Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless other.vise stated _ (The informalior, below is required only when thia endonsement fl issued subsequent to preparation of the policy.I Endorsement Effective Insured Policy No. ( ~) Endorsement No . Premium Ins uranct{ Company Counternigne-d bY -------~--- DATE OF ISSUE: 04/01/2018 ST ASSIGN : Pa,ge 1 of I EXI-IlBIT "C" Payment Bond Bond No . CAC713098 Premium : Included The City of Cupertino ("City") and Thermal Me chanical . Inc . ("Contractor") have entered into a contract. dated · · 20_ ("Contrl:ict') for work onthe < Air Conditioning Installation at Community Hall . . > Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"}. 1. General. Under this Bond, Contractor as principal and Merchants Bonding Company (Mutual) , its surety {"Surety"), are bound to Ciiy as obligee in an amount not less than $ 29 .674 .oo , under California Civil Code sections 9.550, et seq. 2. Surety•, ObllgaUon. If Contractor or any of it$ Subcor:\tractors faUJ to pay any of the persons nam1:td m Calift:>m1a Civil Codi! sectibn 9100 amounts due under the Unemployment Insurance Code with respect to wot~ or labor performed under the Contract, or for any amounts required to bs daducted, wlthh&ld, and paid over to the Employment Development 0$partmentfrotn the wages of employees of Contractor and its Subcontractors, under California Unemployment lns1,.1rance Code section 13020, with respect to the work and labor, then SuA!lty will pay for the same 3. Benefi~iaries. This Bond inures to the benefit of any of the persons named in California Ci\iil Code section 9100, so as to give a tight of action to those persons or their assigns in any suit brc,ught upQn thiS Bonet Cpntractor must promptly provide a COPY of this Bond upon request by any person with legal rights under th is Bond 4. Duration. If Contractor promptly makes payment of all sums for all labor; materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by Calif(>rnia law, Surety's obligations under this Bond will be null and voi(:l. Otherwise, . Surety's QbligatiQns will remain in Ml force and effect 5. Wafvets. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract . Surety waNes the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any suppfemental contract under Civil Code section 9550. Any notice to Surety may be given 1n tha manner specified in tha Contraot and delivered or transmitted to Surety as follows Attn. Evan Kotchevar Address: P .O . Box 14498 City/Stat~Z!p. Des Moines. IA 50306-3498 Phone: soo-678-8171 Fax: N/A Email: ekotchevar@merchantsbonding .co m 6. Law and Venue; This Bond Will be governed by California law, and any dispute purs~nt to this Bond will be venued iii the Superior Court of Santa Clara County in which the Project is lpcated, and nQ other place. Surety Will be resppnsible: for Cfty'!I attorneys' fee$ and costs in any action to enforce the proV1Sions of thia Bond. Portal Park Painting and Civic Center Fountain Coating PAYMENT BOND Page 1 EXHIBIT "C" 7. Effective Date; Execution. This Bond is entered into and ts effective on May 2 20~. SURETY: Merchants Bonding Company (Mutual) B1,1siness Name Erin Bautista , Attorney-In-Fact Name/Title (Acknowteqgment with Sur~ty·s Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Thermal Mechanical , Inc. s/ ===>::'2;n 'D.A<Ao Roov . J?IUS£l>arr Nametritle ;, Name/Title END OF PAYMENT BOND Portal Park Painting and Civic Center Fountain Coating PAYMENT BONO Page2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ~&~~-v~/,,__(_/(j__·. r_A-__ _ } 0 n s ---I! -I 8' before me, ---'J=-,---'. m!:.....1-C.-=-t)=--J' L.:_,,..;,t!=c:.,,,'2,...__,_.,_~L.J,~'-,4.h,,::,,.. >-h-y -1-.J-...,A~,.-#::....:1:,~/_. cc._· _ (Here insert nbme and title o~ officer) personally appeared D ~,·j /_o '",cf who proved to me on the basis of satisfactory evidence to be the person(sf whose name(:$-) is/~ subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his/h:erftf:teir authorized capacity(ieSj·, and that by his/hB#tkefr signature(Sc} on the instrument the person(.s), or the entity upon behalf of which the person(s,;i acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~1111t~ (Notary Public Seal) J . ..OSMER I • IIOIIIY Pub1it . C111tornla Santi CIIII county comminion fl 2165056 • My Comm . boirtl SID 19. 202ol . . INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current Ca lifornia statu tes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Ackn owledgments ji-om other states may be comple ted for documents being sent to that state so long as th e wording does not require the California notary to violate California nolary law. (Title 7 description of attached document) ~-·r -h'ni> (Title description of attached document continued) Number of Pages 2-Document Date f; ·· 2. -I 8" CAPACITY CLAIMED BY THE SIGNER D Individual (s) y Corporate Officer /r .?,J : cl-+- (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) D Other __________ _ 2015 Version www.NotaryClasses com 800-873-9865 • State and County infonnation must be the State a nd Coun ty where th e document signer(s) perso na ll y appeared before the notary public for acknowledgment. • Date of notarization mu st be th e date th at th e signer(s) personally appeared which must a lso be th e same date th e acknowl edgment is completed. • The notary public mu st print hi s or her name as it appears within hi s or her co mmi ss ion followed by a comma and then yo ur title (notary public). • Print the name(s) of docum ent signer(s) who personall y a ppea r at th e time of notarization . • lndicate the correct s in gul ar or plural fonns by crossing off incorrect fonns (i .e . he/s he/they, is /are) or c ircling the correct fonns. Failure to correctly indicate this infonnation may lead to reject ion of docum ent recording. • The not ary sea l impress ion mu st be clear and photographicall y re producibl e. lmpress ion must not cover text or lin es . lf seal impressio n smudges, re-sea l if a suffic ien t area pennits, otherwise complete a different ack nowledgment fonn . • Signature of th e notary public must match the signature on file wi th the office of th e county clerk . •!• Additiona l infonnation is not required but co uld help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attac hed document, num ber of pages and date. •!• Indi cate th e ca pac ity claimed by the s igner. If th e claimed capaci ty is a corporate officer, indicate th e title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a stap le . ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara MAY -2 2018 On before me, Jean L. Neu, Notary Public --~--------(insert name and title of the officer) personally appeared _E_r_i_n_B_a_u_t_is_ta ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(lE>) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that ~~/she/th'ey executed the same in m/herbtloot~authorized capacity~~. and that by msiher/th'ek" signature(5) on the instrument the person(~). or the ent ity upon behalf of which the person(g) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) MERCHAN~ BONDING COMPANY,M POWER OF ATTORNEY Know All Persons By These Presents , that MERCHANTS BONDING COMPAN Y (MUTUAL) and MERCHANTS NATIONAL BONDING , INC., both be ing corporations of the State of Iowa {herein collectively called the "Companies") do hereby make, constitute and appoint , individually, Bryan D Martin; Daniel M Johndrow; Erin Bautista; H Michael Vreeburg; Jean L Neu; Stephen E Leveroni their true and lawful Attorney(s)-in-Fact, to make, execute , seal and deliver on behalf of the Companies , as Surety: bonds , undertakings and othe'r written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding , Inc ., on October 24 , 2011 . "The President, Secretary , Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vi ce President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto , bonds and undertakings, recognizances , contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affi xed by facsimile or electronic transmiss ion to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond , undertaking, recognizance , or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fi xed ." In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and constru ction contra cts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State ofFlorida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond . In connection with obligations in favor of the Kentucky Department of Highways on ly, it is agreed that the power and authority hereby g iven to the Attorney-in-Fa ct cannot be modified or revoked unless prior written personal notice of such intent has been given to the Comm issioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation . In Witn ess Whereof, the Compan ies have cau s ed this instrument to be s igned and sealed this 15th day of August 2015 ,,,•·:;·,"a"',·:·;,.,,, •• ~ .G. ·c·o·. MERCHANTS BONDING COMPANY (MUTUAL) ,,,<~ .. ~ ..... ~~.( '•,,,.. •* ~~\~ ...... 41;,•.. MERCHANTS NATIONAL BONDING, INC . lo, .. ·0\1,PO!i>./··~o\ :~~.·~\\POJ9/.1'~·. f ~ /}} <;:· .. ~ \ • . 'J .-4', .,I.. : ;:: : """ -0 -0 : C : •;:?: -e ff'. • •o;(• ·-· :%:--0-c::,:-· t..,..: :.:::: •4.',. 1933 .::1:: ~ ~ .. ·.. 2 0 03 .:.n: • ..,_, . c:::-• • ...., • • • ........ . • '::Y. \ c-··... ...-~ / • "'~· ·~<::::-. •,,, ~J,f ····"''·'j' ,,' •• '.:i'iv· ...... \'\ •• STATE OF IOWA '•,,,,, * ,,,,,,,' •.. -t< •• • ,,,,,,,,. ... ,, ..... . COUNTY OF Dallas ss . President .,~7~ On this 15th day of August , 2015 , before me appeared Larry Taylor, to me personally known , who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WENDY WOODY Commission Number 784 654 My Co mm ission Expires June 20 , 2017 (Expiration of notary's commiss ion does not inval idate this instrument) · County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY exec uted by said Companies, which is still in full forc e and effect and has not been amended or revoked . In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of May , 2018 Secretary POA 0014 (6/15) EXHIBIT "C'' Performance Bond Bon d No . CAC71 3098 Premium : $297 .00 The City of Cupertino rc1ty"} and Thermal Mechanical , Inc. rcontractor") have entered into a contract, dated ; 20 ("Contract•) for work on the < Air Conditioning Installation at Community Hair--> Project ("Project"). The Contract is incorporated by reference into this Performance Sond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Merchants Bonding Company (Mutual), its surety ("Surety'), are bo1,Ji1d to City as oblig~ for an amount not. lei;~ than $._29_,6_7_4._oo _____ . By executing this aond, Contractor anct Surety bind themselves anti their respective heirs, executQrs. administrators, successors and assigns, .jointly and severally, to the provisiQns .of this Bond. 2. Surety•s Obligatlona; Waiver. If Contractor fully performs Its obligations under the Contract, including its warranty obligations under the Contract, S.urety's obligations under this Bond wiH become null and void upon reeordation of the notice of completion , provided Contractor has timely provided a warranty bond as ~ujred under the Contract. Surety waives any recjuirem~nt to, be notified of and further consents to any a~ratlons to the Contract made under the applicable proviStor)s .of the Contract Oocum~nts, including changes to the scope of Work or extensions of time for performance of Work Under the Contract. Surety waives the pro11isions of Ci.Vil Code sections 2818 and 2845 . 3. Applicatfon of Con't;act Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of thi$ proviidon, the Contract Balance 1s defined as the total amount payable by City to Contractor as the Contract Price minus amo1.1ntsalready paid to Contractor, and minus any liquidated damages, credits, .or bacJccharg8$ to which City is entitled under the temu; of the Contract. 4. Contractor Default Upon written notification from City th~ Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence, Surety must aet within the time specified in Article.13 to remedy the default through one of the following courses of action; 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only If Contractor is In default solely due to its financial inability to complete the Work; 4.2 Arrange for ~pleti6n of the Work µnder the Contract ~Y a qL1alifled contractor aceeptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense, or 4,l Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining. Work completed. 5. Surety Default, If Surety defaults on itS' obligations under the. aond, City will be entitled to recover all eost.s it incurs dve to Surety's default, including legal, design professtonal, or delay costs. 6. Notice. Any notice to Surety may be given in the manner specified hi the Contract and delivered or transmitted to Surety as follows ; Attn· Evan Kotch evar Add ress : P .O . Box 14498 City/State/Zip: Des Mo ines , IA 50 30 6-3498 Phone 800 -678-8 171 Fax N/A Email: ekotc hevar@ merc ha nts bonding .com Portal Park Painting and Civic Center Fountain Coating PERFORMANCE BOND Page 3 EXHIBIT "C" 7. Law and Venue. This Bond wm be governed by California law, and any dlspute pursuant to this B.ond will be venued m the Superior Court for Santa Clara County in wfllch the Project is located, and no other place. Surety will be responsible for Citys attorneys' fees and costs in any action to enforce the provisions of this .Bond. 8. Effective Date; Execution. Thi~ Bond is entered into and effective on _M_a""'y_2 _____ _ 20~. SURETY: Merchants Bonding Company (Mutual ) ~ !;~·~ Erin Bautista .i rne y-ln-Fa ct Name/Title (print] (Acknowledgment with Notary Seal for Surety and Surety's Power .of Attorney must be attached.) CON T RACT OR : Th erm al Mecha ni cal , Inc . ~ =:u~~~ Dvl D 8;,or> . Ye£$tDzt/T Name/Title 7 sl _____________________ _ Name/Title ENO OF PERFORMANCE BOND Portal Park Painting and Civic Center Fountain Coating PERFORMANCE BOND Page4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of SC41)" CJ().v~ } On 5 -{ I -\ i before me, --=:(--'-. --=--rY\=--=--=--o s=-..;k:....;,.e,....:..wL~~~"-'rl,--~,=:....!---=-- personally appeared Da v1 cl f<c 1 <.)j who proved to me on the basis of satisfactory evidence to be the person~ whose name(jq is/are subscribed to the within instrument and acknowledged to me that he/s!l:0/tl-ley-executed the same in hist~ authorized capacity(ie&J, and that by his/~ signature(tj) on the instrument the person(j(), or the entity upon behalf of which the person(~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Public Seal) @ J MOSHER No1ary Punl1t . Ca lltornia Sanla Clara Coun1v Comminion fl 2165056 - II Comm . Ex '" s 19. 2020 INSTRUCTIONS FOR COMPLETING nns FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments Ji-om other states may be completed/or documents being sent to that state so long as th e wording does not require the Ca lifornia notary to violate California notary law. a_,t bvww,,re /Sc".) (;J'i cf (Title or description of attached document) l1 ( ·11(_,/,' J,·,.. ,:) (Title ofdescription of attached document continued) Number of Pages 2-Document Date 5 · 2 -I!' CAPACITY CLAIMED BY THE SIGNER D Individual (s) )2 Corporate Officer {Ns,·)--1 (Title) D Partner(s) D Attorney-in-Fact o Trustee(s) 0 Other __________ _ 2015 Version www.NotaryClasses com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that th e signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the nam e(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singu lar or plural form s by crossing off incorrect form s (i .e. he/she/they, is /are) or circ lin g the correct forms. Failure to correctly indicate thi s in format ion may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impress ion mu s t not cover text or lin es . If seal impress ion smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form . • Signature of the notary public must match the signature on file with the office of the county c lerk . •:• Additiona l information is not required but could help to ensure thi s acknowledgment is not misused or attached to a different document. •:• Indicate title or type of attached document, number of pages and date. •:• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i .e. CEO, CFO, Secretary). • Securely attach thi s document to the s igned document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy , or validity of that document. State of California County of Santa Clara on MAY -2 2019 before me, Jean L. Neu, Notary Public -----------(insert name and title of the officer) personally appeared Erin Bautista ----------------------------who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/me subscribed to the within instrument and acknowledged to me that i),je/she/my executed the same in ~/herbtlwt1tauthorized capacityQ<~. and that by msi'her/mir signature(:s) on the instrument the person(:&), or the entity upon behalf of which the person(:s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur (Seal) MERCHAN~ BONDING COMPANY, .. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL} and MERCHANTS NATIONAL BONDING , INC ., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make , constitute and appoint, individually , Bryan D Martin; Daniel M Johndrow; Erin Bautista; H Michael Vreeburg; Jean L Neu; Stephen E Leveroni their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies , as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION ($2,000,000.00) DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24 , 2011 . "The President, Secretary , Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof." "The s ignature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed ." In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State ofFlorida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways on ly , it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revo catio n. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 , ................ ,,,,,, ••• ·,:, .G. ·c·o· ••• MERCHANTS BONDING COMPANY (MUTUAL} .,,,,,~ ... ~""--~~!~~-.< '•,,,.. ~ " ,.,,,. ,· "' .. A• On . ~ , • "' . · · 'p O · ·. ,o •. MERCHANTS NATIONAL BONDING, INC . ·• o, ·· o"" "4 ·. o ·._ :<Q~·· (;;;?. 11,i ·.-?-;, •• f >-. / .9 <::· .. -;t. ': • · c:., ,...4 •• "' • .-..;:;; 0 O•c: •~;;;;e l'f\• • :<: --:_: • ·--o-o:-• ~ . :;;:: : :~:. 1933 .. ~: ~-:i:.\ 2 00 3 :o: ...... :c::::-. \ c.) ... ... • i • -~. . '::'1 • ... c,_~··.. ..·· ~ -~ • O".' ·".J:.<::::-· ',, "'J11 ··••••• ,'j"I. ,,' ••• '.:li{,· ...... \"\ •• • STATE OF IOWA '•,,,,, i'r ,,,,,•'' • • ,t, • ,,,,,,,11..... • •••••• COUNTY OF Dallas ss. President .,~7~ On this 15th day of August , 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC .; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WENDY WOODY Commiss io n Number 78 4654 My Co mm ission Expi res June 20 , 20 17 (Expiration of notary's commission does not invalidate this instrument) · County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked . In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of POA 0014 (6/15) ....... •• \~G Co •• ··~~ .. -·····.~,o··. :<Q~··(;;; ?,PO 11,j·,-?-;, •• • • " ,...4', ,.,L. •C.,;;;;e l'f'· • • ,-..._ -o-o·-· •z: =~· • 4 ·. 1933 : • • .,,_, • c:::-• • -~. . '::'1. • O".. . '.J:.<::::-. •• '.:li{,· ...... \"\ •• . . . {;:( .. . . . . . . . Secretary May , 2018