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18-170 Thermal Mechanical, Duct Replacement at McClellan Ranch Gift ShopCITY or: II PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on August 20, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Thermal Mechanical , a Corporation ('~Contractor") for the duct-replacement at the McGlellan Ranch-Gift Shop 2, .s.roPE QF WQRK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Prqject ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on October 26, 2018 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, intel'ference or loss of use of public facilities, and c:xtended disruption to the public. 4. COMPENSATION 4,1 Maximum Compensation. City will pay Contractor f:br satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $22,697.00 ("Contract Price"), for all of Contractor's direct and indirect costs, includi11g 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 McClellan Rn11cl1 Gift Sho12 -Duct ReJ.?Iacement Public Works Contract $45,000 !Rev. May 22, 2018 Pagel of JI any incidental costs incUl'red. 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 wanants on behalf of itself and its subcontractors that they have the qualifications-and skillsto perform the Work ina competent-and professional manner and according to the highest standards and best practices in the industry. 5.3 PfJrrnits and Licenses. Contl'actor 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 1·equired 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 eamed 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 nuJI 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 umeasonably withheld. Control means fifty percent (50%) or mol'e of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project McClellan Ranch Gjft Shop -Duct ReQlacement Public Works Contract $45,000 !Rev. May 22, 2018 Page 2of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Pl'oject during the Contract Time, and fol' one year thereatl:er must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City prope1ty, except signage required by law or this Contract, without prior written approval from the City. 9. SUBGONTcRAGTOR,S 9.1 Contractol' must pel'form al] the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 25 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection undel' Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor wiIJ 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; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main rnns, 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 Worl<s Project McClellan Ranch Gift 6tJoo -Duct Replacement Public Works Contract $45,000/Rev. May 22, 2018 Page3 ofll 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, boat·ds and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Jndemnitees"), 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 1·elating-to any of the following: - (a) Breach ofcontract, 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 subcontt·actors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contrnctor must accept a tender of defense upon receiving notice from City of a thil'd"paity claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other lndemnitee. 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 McClellan RanQb '2ift Shop -Dyct Replacement Pub/lo Works Contract $45,000 /Rev. May 22, 2018 Page 4 of II 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 petform. 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 uf $1;000 or more are subje·ct to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage Jaws under Labor Code Section 1775, which requit·e 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 htt12://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Depattment of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 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 shalJ not discriminate on the basis oft'ace, 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 a11 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 McClellan Raocb gift SbQQ " Quct Beclacement Public Works Contract $45,000 /Rev. May 22, 2018 Page 5 of 11 13.4 Conflicts oflnterest. 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 Govemment Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, 01· other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contrnct, 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 m serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifls to public officials am! 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 sut·ety 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 Contrnct. City will not execute the Contract nor issue the NTP until the required bonds am submitted. 15. UTILITIES, TRENCHING AND EX£AVATI0N 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/Perfonnarice, 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 McClellan Ranch Gift ~hop" Duct Reolacem~nt 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 contl'acts $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 watet· 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 contmls to prevent pollution of storm dtains, 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, Octobel' 15 through June 15, storm drain inlets impacted by constrnction 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 st01m drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/rnnoff; ( 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 McClellan Ranch Gift Shop M Duct Replacement Public Works Contract $45,000 /Rev. May 22, 2018 Page 7 of II 17. PROJECTCOORDINATION City Pl'oject 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 James Coronado · 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 ·Managerabout thestattls an.cl any delays·wtth the Wotk; colfststentwtth: the Sco')Je ofWork.·Aey substitutions must be approved in writing by City. 18. .i\BANDONMENT, AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor wil1 be compensated for satisfactory Work performed through the date of abandonment and wiJI 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 l'ight 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 suppo1ted by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, fi Jes 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 ~llsin Ranch Gift Shoo -Duct ReQlacement Public Works Contract $45,000/Rev. May 22, 2018 Page 8 of II 21, SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Worlc nor payment thereof shal I constitute a waive;}!' of any contract provision. City waiver of any breach shalJ not constitute waiver of another provision or breach. 26. WARRANTX 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. AIJ 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 Citfs acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacture1· 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/P ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal po1tion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project McQlellan Ram;b ~ift Shop ~ Quct R!:mlaq~meat Public Works Contract $45,000 /Rev. May 22, 2018 Page 9 of 1 I 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 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 cettified, or the next business day following electronic submission: To City of Cupe1·tino: 10300 Tot'l'e Avenue, Cupertino CA 95014 Attention: Ken Tanase To Contractor: Thermal Mechanical Attention: James Coronado ------------Copy to: Carl Valdez Email: kent@cupe1tino.org Copyto: ------------ Email: jcoronado@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 Attomey'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 Contracto1· is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project McClellan Ranch Qjfi Shop -Duct Reglaceroent Public Works Contract $45,000 /Rev. May 22, 2018 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Thermal Mechanical ::'.DO~~ rJ,,3u. ""'-J C, '",Jo.,ct, · Titl·e·: Estimator/Prqject Manager CITY OF CUPERTINO, a Municipal Corporation ·Title: Directorof Public Works Signature Date: -~_/_g~--Signature Date:R -f . ...,_...l_S-1,fi_(~<:/,----·-- APPROVED AS TO FQ,RM: ,-··; Ila .-77 .-1 t 1 -) ,"' ~) ~-·f!-.c I ef D c By: c,/ 1-vic:j_;;.J & -H-1:? OCI0-V. FIERRO Cupertino City Attorney ATTEST: By: ~L~ GRACE SCHMIDT, City Clerk Public Works Project McQlellan Ranch Gift SbOQ ~ Duct Replacement Public Works Contract $45,000 /Rev. May 22, 2018 Page 11 of 11 TI-IERMAL MECHANICAL EXH I BIT 11 A11 To: City ofCupettino MECHANICAL CONTRACTOR -LICENSE 11256057 Design Build, Plan & Spec, Fabrication, Installation, Maintenance Speciallzlng in HVAC, Process Piping, Plumbing, Sheet Metal, D.D.C. Controls, and Service of all related systems I 0555 Mary Avenue, Cupertino, CA 95014 Attention: Rudy Lomas Date: 8/1 /18 RE: Replace existing wireflex ductwork undet· floor 22221 McClellan Rd., Cupertino, CA REVISED 8· 1 • 18 Rudy, For the above project, Replace wire flex ductwork in crawl space/basement, we offer the following scope letter and pricing: HVAC!mechanical scope: • Demo existing damaged wire flex duct runs from under floor in basement/ crawlspace. • Replace demo' d duct runs with spiral pipe duct and insulate to code. • Seal duct seams and support from floor beams in crawlspace. • Remove debris and old units off site and dispose of properly. Qualifications: Base pricing based 011 Straight Time, Subs, and Material. Total P1·ice for tlte above HV AC/ Mechanical work is:···········--··-·············$16,070.00 ADD ALT: To provide and install l11,ti\tJ1ally-linedspir.al,..adtl.......,,,,,,,...:::.::.-·-·······+$6,627.00 total for both =$22,697.00 _____ _... ---~-----------____ ,.__...::::._- (J__-~n: to ruu semi rigid pre insulated aluminum ductworl<.:····-·····--····$7,822.00 For coordination, we offer the following Exclusions: • Permit and Bond Fees • • • • • Electrical work, line voltage . No controls work. Ovel'time work Structul'al suppotts, sleepers and calculation Cutting, framing and patching . o Hazardous material ha .j • Engineering_deB"i 11 or Associated Fees (Structural, Mechanical, Seismic Calculations) • ~...w6flcnot specifically in above scope and warmnty for any items supplied and/ or install by others . ...::::::: ---·----------------- ·::TiflrMs: No equipment/ material/ and manpower will be ordered and/ or work started until a Purhase Order has been approved and issued. Should you have any questions • please feel free to contact me. Sincerely, James Coronado Thermal Mechanical Estimating/ Project Management APPROVAL SIGNATURE ADD ALT yes 01· no (circle one) V.E. Option yes or no (circle one) 408-210-7603 or JC01:onado@Thermahnech.co111 Thermal Mechanical, 425 Aldo Avenue, Santa Clara, CA 95054-2322 Telephone 408.988.8744 FAX 408 988.0233 In business since 1969 www.thermalmech.com E·mall: thermal@thermalmech.com Contractor shall procure and maintain for the duration of the contract, andjor.five yemw following the completion of !he Project, insurance against claims for iajul'ies to persons or damages lo property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontrnctors. MINIMUM SCOPE AND LIMIT OF INSURANCE -CC5verages1fall 15e.afleastas 6ioaa as:· ·· Commercial Genel'al Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering COL on an "occurrence" basis, writlen on a comprehensive general liability form, and must include coverage for liability arising ji'om Contraclor's 01· Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of cit least $2,000,000 per occurrence. The CGL policy must protect against any and all liability }hr personal hyury, death, property damage or destmction, and personal and advertising ittjury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this prqject/location (ISO CG ,.an 25 03 or 25 04) or the genernl aggregate limit shall be twice the required occurrence limit. J!Y,...., a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the speclfied minimum insurance coverage requirements and/ol' limits shall be made available to the Additional Insured and shall be (l) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self.insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurnnce required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies witl1 the requirements set forth in this Contract. Any umbreHa 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 calJed upon to protect City as a named insured. Automobile Liability: ISO Form CA 0001 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 110 less than $1,000,000 per accident for bodily injury and property damage. ~ Worlun•s' Co1n1>cnsation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily ittjury or disease, 01· as otherwise required by statute. If Contractor is self-insured, Contmctor must provide a Ce1tificate of Permission to Se!Mnsure, duly authorized by the DIR. D N/A if box checked (Contractor prov;des written verification ii has no employees). 4. Profossioual Liability with limits no less than $1,000,000 per occul'J'ence or claim, and $2,000,000 aggregate. ~ NIA if box checked (Contract is l1QJ. design/build). 5. Uuilder's Risk, Course of Construction insurunce 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 !JQf. involve construction or improvements/installations to property). Insurance Requirements/or Constmction Contracts -$45,000 Version: Nov 2017 I 6. Coutnlctors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ NI A if box checked (Project does not involve environmental hazardY). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the bmader 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. Se(f,/11.mred Rete11tlom~ Self~insured retentions must be declared to and approved by City. At City's option, either: (I) Contractor shall cause the insmer to reduce or eliminate self-insured retentions as respects City, its officers, officfa"ls, ~· employees, and volunteei;s; or (2) Contrnctor 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: Atlditimu,t l1ts11retl Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered ns 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, 01· equipment furnished. Endorsement of COL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 JO, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "pr·imary and 110n~contributoiy" and at least as broad as JSO CG 20 01 04 13 with respect to City, its ofiicers, 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 Iusurnnce, 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" bnsis for the benefit of City. Notice of c,mcellatio11 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 ce11ificd mail and addressed to the attention of the City Manager. B11ilde1•'s Risi, Contractor may submit Builder's Risk insmance in the form of Course of Construction coverage, which shall muue the City as a Joss payee, as its interest may appear. The Builder's Risk policy must be issued on an occut't'1.mce basis, for al!Mrisk coverage on a l 00% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstrnction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. /11s11rance Req11il'ementsfi//' Cons/ruction Contracts· $45,000 Version: Nov 2017 2 \ Waiver of S11bl'ogatio11 •ach required policy must include an endorsement providing that the carrier ngrees 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 subcontrnctors. Acceptflhillty of Insm•en, Insurance must be issued by insurers acceptable to City and licensed to do business in the State of Califomia, and each insurer must have an A.M. Best's financial strength rating of"A" or better and a financial size rating of"VII" 01· better. Ver//lifflllriii <?fVove,·age --· · ·· Contractol' 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. S11hc011tmcto1is Contractor shall require and verity 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 COL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. S111·ety Bonds As required by Contract and described in the Contract Documents. The Payment and Perfo1mance Bonds shall be in a sum equal to the Contrnct 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 tha11 one yeat' a Maintenance Bond equal to I 0% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of Califomia and secured through an authorized agent with an office in California. Special Risks m· Clrc11mstmwes City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. fnsumnce Requirements/or Construction Contracts· $45,000 Version: Nov 2017 3 V CERTIFICATE OF LIABILITY INSURANCE PATIS (MM!t>t.1/'YYYY) 4/9/2 18 THIS CERTIFICATE IS ISSUED AS A MA.ITER. OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THI:! COVERAGE AFFORDED BY THI: POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOl:!8 NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND ntE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITTONAL INSURED, the pollcy(les) must have ADDmONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subJeGt to the tenns and conditions of the polfny, cwrtaln pollcles may require an endorsement. A statement on this certificate does not confer rl hts to the certificate holder In lfeu of such endorsement e • www.risk-strategies.com INSURED Thermal Mechanical, Inc. 425 Aldo Avenue Santa Clara CA 95054 COVERAGE$ CERT FICATE NUMBER: 41257748 30481 INSURER Cl II\ISURER.~D~l------------------1-----1 INBURERE: INSURER!': Rl!VISIO N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1$1'.lUEO TO THE IN$URl::O NAMED ABOVE FOR THE POLICY PERIOD INOIOATEO. NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED av PAID CLAIMS. 'fM TYPE OF INSURANCE l~.!ll-I!.'!':.' POIJCY!>IUMBER ~ POLICY UP LlMlT8 -.. A 'L CDMMERCIAl,.GENliRAL UAlllUTY ,/ ,/ OT22C08G80535ATIL 18\/ 4/1/2018 4/1/2019!/ EACH OCCURRENCE $1.000000 -D CLA!Ms-MAOI: w OCCUR PREMtseJ?.,~~ce1 $300.000 MEO EXP (Anyono Den10n) -$5000 ... '• ,-, .. ~·,··--...... PERSONAL & AOV INJURY $1.000000 ir R'L AGGREGA'Yl: LIMIT APPlll:S PER: GENE:RAL AGGREGATE $2,000,000 ,,,,,.- POLICY 0 ~:er D Loc PRODUCTS• COMP/OP AGG S2 000 000 ,~ ,.,,.... ...... ~=-... OTHER: !1110 000 PD Ded ,,-,---····-, ..... >y-, $ A AUTOMOBILELIAIIIUTY ,/( DT8108GB0535AT1L18 V 4/1/2018 4/1/2019 ~/ fe:~~~~llNGLE llMff $1 000000 1/ -----···"_/ L ANY AUTO BOOILV INJURY (Per peraon) $ OWNED -SCHEDULED BOOIL.Y INJURY (Peraooidenl} $ ~ AUTOSONLV -AUTOS HIRED NON-OWNED C()mprehensive & Collision rr..~~JJ.:;.~11MAi.,t. $ -AUTOS ONLY -AUTOS ONLY 1 Deductibles -Sl1 000 Hired Auto Phvsical Orne $ Jnoludl!d---.::-... A IL UMBAl!;LLA UAB ~OCCUR CUP2J5107231826 · 4/1/2018 4/1/2019 V EACH OCCURRENCE 1soooooo I '/ / EXCE8SLIAB OLAIMS..MADE AGGREGATE $5000000 T \ OED I f RF.TIWTIONsN/A /' -s __ ,.,.-, A WORKERS COMPEHSATIDH J UB3K2195891826G V 4/1/2018 4/112019 V .1 I :f:TIJTE I I ~1-1-AND !iMPL()Ytmll' UAl:IIUTY YIN ,i/ ANVPROPRIErtORJPARTNE!RIEXECUTIVE [y] E,L. EACH ACCIDENT $1 000000 Ol'FICEl1/MEMBEREXCLUOED? N/A Officers Excluded: {Mandatmy In NH) • Richard Rood E.L.. OISl':ASI! • EA l:MPL.OYEE $1 nnnnnn 11 lai descrlbe under O SCRIPTiON OF OPERATIONS below -David Rood E.L. DISEASE• POLICY LIMIT $1 000.000 A Rented/Leased Equipment QT6607F312272TIL 18 4/1/2018 4/1/2019 V I $100,000 Umit Subject to :i,::i,000 Ded B Pollution/Professional Liability 81M96109 4/1/2018 4/1/2019 .,I $2,000,000 Per Occ/Aggregate Limit DESCRIPTION OF OPEflATIONS / LOCATIONS/ VE!HICLEB (ACOIID 101, Additional Rmnlll1to SchtlllUle, may be attad11•d U more apace ls tequlrad) Cit}' of Cupertino, Including its City Council, boards and commissions, officera, officials, agents, empl~eGs, consultant and volunteers are included ~ as Additional Insureds as respects General Llabil~ including Primary/Non-Contributory wordi7&per ched form CGD246. General Llabillly Waiver of Subrogation per attached form CGD316. Auto Waver of Subrogation per attached form CAT3 . WOJkers Compensation Waiver of Subrogation per attached form WC990376A. Cancellation provisions per attached form IL0270. CERTIFICATE HOLDER CANCELLATION Ci~ of Cupertino SHOUL.D AIIIV OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXl'IRATION DATE TIIEREOF, NOTICE WILL BE DELIVERED IN 10 oo Torre Avenue ACCORDANCE WITH ntl:POLICY PROVISIONS. Cupertino CA 95014 AUTHOAW!ORl:PRESEPITATIVE 10~~tf c~~~c I Michael Chrlstlan © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 41257740 I 18•19 Tl!I lll.l Linea l l\J!lber, Oliv,m [ 4/9/2Ql8 11,02 ,38 l\M (PJJ'J.') I Page l Df 18 Thermal Mechanical, Inc. DT22C08G;;-;~) 4/1/2018 / .,.,.,-·,,..,,,.,. ......... ..__ ___ . _________ _ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED-(Sectlon 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 injury11 ; 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 workn to which the "written contract requiring insurance11 applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such pmon or organization. 2. The insurance provided to the additional insured by this endorsement is limlted 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 111-Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury0 , "prop- erty damageN 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 oi'ders. 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 11 bodily Injury" or "property damage" caused by "your work" and included In the "products-completed op- erations hazard" unless the "written oont~ct 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 suoh 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 nonMcontributory basis, this insurance is primary to nother 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 addltional 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 '1occur- rence1' or an offense which may result in a claim. To the extent possible, such notice should Include: CG 02 46 08 05 @ 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 4l25774B I 18·19 'll'II JUl Lines I limber ou .... an I 4/9/20:LB ll.,02 ,38 AA (PD'l'l I Page a of 18 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; H. 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 11sult0 , cooperate with us in the lnve$tlgation · or settlement of the claim or defense against the ''suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and Indemnity of any claim or 0 sult" to any provider of 11other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the Insur- ance provided to the additional Insured by this endorsement is primary to "other lnsur- ance11 available to the additional Insured which covers that person or organization as a named insured as described In paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to Include a person or organization as an additional In- sured on this Coverage Part, provided that the "bodily injury" and ~property damage" oc- curs and the "personal injury" ls caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that pert of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2460805 4125774B J 10-19 nu All Li.nee l Miler Olivan I 4/9/2018 ll:02:3B AM {PDT! I Page 3 <>f 18 The!:[lal Mechanical,ln9.) / DT22C08GB0535ATl98' ( __ _::~~~------~ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies lnsunmoe provided under the following: COMMERCIAL GENERAL ll.A.BILITV COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. f-lowever, coverage tor any l11Jury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to -this Coverage Parl, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by suoh an endorsement. The following listing Is a general cover- age descrlptton only. Limitations and exclusions may apply 1o these coverages. Read all the provisions of thls en- dorsement and the rest of your polJoy carefully to determine rights. duties, and what la and Is not covered, A. Aircraft Chartered With PIiot a. Damage To Premises Rented To You C. Increased Supplementary Payments 0. Incidental Medical Malpractice e. Who ·is An Insured -Newty Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries ;, G. Blanket Addltlonal Insured -Owners. Managers Or Lessors Of Premises PROVISJONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Excluslon g., Aircraft, Auto Or Watercraft, in Paragraph 2, of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY ANO PROPERTY DAMAGE LIABILITY; This axcluslon does not apply to an aircraft that Is: (a) Chartered with a pflot to any Insured; (b) Not owned by any Insured; and (c) Not being usad to carry any person or prop~ erty for a charge. ' a. DAMAGE TO PREMISES RENTEO TO YOU 1. The first paragraph of the exceptlpns In Ex~ clusion j., Damage To Property, ln Parav graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILJTV ls deleted . .. 2. The following replaces the last paragraph of Paragraph 2., excluslons, of SECTION I - COVERAGES -COVERAGE A. BOOIL Y H. Blanket Addltlonal Insured -Lessors Of Leased Equipment I, Blanket Addittonal Insured -States or Poll11oal Subdivisions -Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L, Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Lfabillty-Railroads INJURY AND PROPERTY DAMAGE LI• ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage11 caused by: a. Fire: b, Exploslon; c. Lightning; d, Smoke resulting from such fire, explosion, or lightningj or e. Water; unless Exclusion f, of Seotion I -Coverage A -Bodily Injury And Property Damage llablllty ls replaced by another endorsement to this Coverage Part that has Exclusion -AU Pollu- tlon Injury Or Damage or Total Pollution Ex· clusfon in its title. A separate limit o·f lnsuranoe applies to "premises damage" as described in Para~ graph 6. of SECTION Ill -LIMITS OF IN• SURANCE. Page 1 of 6 COMMERC/AL GENERAL LIABILITY 3. The following 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 wlll apply to all "property damage" proximately caused by the same "occur• rance 11 , whether such damage results from: fire; explostonj Ughtnlngj smoke resulting from such flre, explosion, or lightning;· or water: or any combination of eny of these causes. The Damage To Premises Rented To You Limit will ba: a. The amouht shown for the Damage To Premises Rented To You Limit on the Dec:laratlons of this Coverage Part; or b. $300,000 If no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage ?art. 4. The foltowing replacas Paragraph a. of the definition of 11lnsured contract" In the DEF1Nl- T10NS Section: a. A contract' for a lease of premises. How" ever I that portion of the contract for a lease of premises that f ndemnlfles any person or organization for 11premises damage" Is not an "insured contract"; 5. The followlng Is added to the DEFINITIONS Section: · "Premises damage 11 means "property dam~ age" to: a. Any premises while rented to you or tem- porarily oooupled by you with permission of the owner; or b. The contents of any premises while such premises ls rented to you, If you rent such premises fpr a. period of seven or fewer consecutiv~ days. 6. The fullowlng replaces Paragraph 4.b.(1)(b) of se.CTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is Insurance for "premises damage11 ; or 7. Paragraph 4.b.(1}(c) of SECTION JV - COMMERCIAL GENERAL LIABILITY CON- DITIONS Is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1-.b. of SUPPLEMENTARY PAYMENTS -COVER .. AGES A ANO B of SECTION I -COVl:.R" AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the BodUy Injury Llablllty Coverage applies. We do not have to fur- nish these bonds. 2.. The following replaces Paragraph 1.ct. of SUPPLEMENTARY PAYMENTS .... COVER .. AGES A ANO B of SECTION I .... COVER· AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 1'suit11 , including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Sec~ion: noccurrenoe" also means an act or omission committed in providing or falling to provide 11fncidental medlcal services", first aid or ''Good Samaritan services" to a person. 2. The following Is added to Paragraph 2.a.{1) of SECTION H .... WHO JS AN INSU~ED: Paragraph (1}(d) above does not apply to "bodily tnJury'' arising out of providing or fail* Ing to provide: (i) "lncldental medical services" by any of your "employees" who Is a nurse praotl- tloner1 registered nurse, licensed practical nurse 1 nurse assistant, emergency medi- cal techniclan or paramedic; or (II) First aid or "Good Samaritan services" by any of your ''employees" or "volunteer workers", other.than an employed or val~ unh~er doctor. Any such "employees" or ''volunteer workers11 providing or falllng to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within tha scope of their employment by you or performing duties related to the conduct of your busi- ness. Paae 2 of 6 @2011 Tho Truvelers lndernttllY company. All rlghl11 reaerved, 41257748 I 1a!19 TMI All IJ.n"" I ;Imber au.van f 4/9/201.8 11'02:38 AM (I?~) I Page 5 of 10 CG D3161111 3. . The following Js added to Paragraph 5, of SECTION Ill ... LJMITS OF INSURANCE: For the purposes of determining the appllca- ble Each Oooum,mce limit, all related acts or omissions committed In providing or falllng to provide "Incidental medical services'\ first aid or "Good Samaritan services" to any ont:> per- son will be deemed to be one "occurrenoe11• 4. The following exclusion ls added to Para~ graph 2., Exclusions, of SECTION I -COV· ERAGES -COVERAGE A BODILY INJURY ANO PROPERTY DAMAGE LIABIL.ITY; Sale Of Pharma:coutlcals "Bodily lnjurt or 11property damage'' arising out of the wlllful violation of a penal statute or ordinance relating to tha sale of pharmaceuti~ cals committed by. or Wlth the knowledge or consent of, the insured. 5. The following Is added to the DEFINITIONS Section: "Incidental medical services" means: a, Medioal, surgloal, dental, laboratory, Xwray or nursing service or treatment, advice or lnstructlon, or the related fumlshlng of food or beverages; or b. The furnishing or dispensing of drugs or medical. dental, or surgical supplies or appllijnces. "Good Samaritan services~ means any emer• gency medical services for which no compen~ satlon is demanded or received. 6, The following is added to Paragraph 4.b .. ex• cess Insurance, of SECTl0N IV -COM• MERCIAL GENERAL LIABILITY CONDI· TIONS: The Insurance is excess over any valid and oolleotlble other insurance available to the In~ sured, whether primary, excess, contingent or 011 any other basis. that Is avaflable to any or y~µr. "!:'m);}l~Y.ees" or "volunteer workers'' for ''bodlly Injury" that arises out of providing or falling to provide 11lnofdental medical set• vlcesJt, first aid or 11 Good Samaritan services~ to any person to thet extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The foilowjng replaces Paragraph 4, of SECTION U -WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partm,,rshlp, Joint venture or lim- ited nablllty companyi of which you are the sole owner or In which you maintain the ma" Jorlty ownership Interest, will ,qualify as a Named Insured if there ls 110 other Insurance · which provides similar coverage to that or~ ganlzation. However: · a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the polloy period, whichever is ea1iler, if you do not report such otganlzation In writing to us wlthtn 180 days after you acquire or form It; or (2) Untll the end of the poilcy period, when that date Is later than 180 days after you acquire or form such organlzation, if you report such organization ln writing to us within 180 days after you acquire or form It, and we agree in wrttlng that It wllt conM tlnue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to nbodily Injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to ''personal In- jury" or ''advertising injury" arising out of an offense committed before. you acquired or formed the organl~atlon, F.. WHO JS AN INSUReo .... BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The followlng Is added to SECTION II ... WHO IS AN INSURED: Any of your subsldfatles, other than a partnership, Joint venture or limited llabtllty company, that Is not shown as a Named Insured in the Oeolara~ tions Is a Named Insured If you maintain an own~ ershlp Interest of more than 50% in such subsidi- ary on the first day of the policy period. No such sub'sldlary Is an Insured for ''bodlly Injury'' or "property damage" that occurred, or ''pareonal Injury" or "advertising injury" caused by an of- fense committed after the date, If any, during the policy period, that you no longer maintain an ownership interest of more than 50% In such sub- af diary. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. EILANKET ADDITIONAL INSURED -OWNERS, MANAGERS ·oR LESSORS OF PREMISES The followlng fs added to SECTION ll -WHO IS AN INSURED: Any parson or organization that f s a premises owner, manager or lessor and that you have agreed in a written contract or agreement to lnM elude as an additional Insured on this Coverage Part ts an Insured, but only with respect to llablllty for "bodily injury", "property damage", "personal Injury" or 11advert"1$lng injury" that a. Is 11 bodlly injury" or "property damage11 that occurs, or ls "personal Injury" or "advertising Injury" caused by an offense that Is commit- ted, subsequent to the execution of that con~ tract or agreement; and b. Arises out of the ownership, maintenance or us·e of that part of any premises leased to you. The Insurance provided to suoh premises owner, manager or lessor Is subject to the following pro- visions: a. The limits of insurance. ·provided to such premises owner, manager or lessor wUI be the minimum limits which you agr~ed to pro- vide In tha written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The Insurance provided to such premises owner, manager or lessor does not apply to: (1) Any ''bodily Injury" or "property damage" that occurs, or "personal injury'' or "adver·· tlslng lnjury11 caused by an offense that Is commltte~, after YQU 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, le$sor or. manager. c. The insurance provided to such premises owner, manager or lessor !s e><ooss over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other baSl!l, unless you have agreed in t11e written contract or agreement 1hat this In- surance must be primary to, or non- contributory with, such other Insurance, In which case this insurance will be primary to, and non-contributory with, such other insur- ance. H. BLANKET ADDITIONAL JNSUllEO -lESSO~S OF LEASED EQUIPMENT The following Is added to SECTJON ti -WHO JS AN INSURED: Any person c>r organization that Is an equlprnant lessor and that you have agreed in a written con- tract or agreement tQ Include as an insured on this Coverage Part Is an Insured. but only with re~ spect to l!abrllty for "bodily Injury'', ''property damk age\ 11 personal Injury" or 11 advartlsing injury" that: a, 1s "bodily injuryu or "proi:,erty damage" that occurs, 01· Is ''personal Injury" or ,,advertising inJury1' oaused by an offense that is commit .. ted, subsequent to the execution of that con~ tract or agreementi and b. ls caused, In whole or In part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The Insurance provided to such equipment lessor is subject to the followlng provisions: a. The limits of Insurance provided to suoh equipment lessor will be the minimum lhnlts which you agreed to provide ln the written contract or agreement, or th~ llmlts shown on the Declaratlons, whichever are less. b. The Insurance provided to such equlpmem lessor does not apply to any "bodily Injury" or "property damage" that occurs, or "personal lnJury" or "advertising Injury: caused by an of- fense that ts committed, after the equipment ' lease expires. c. The Insurance provided to such equipment lessor Is excess over any valid and collectible other Insurance available 1o such equipment lessor, whether primary, excess, contingent or on any other basis. unless you have agreed in the written oontraot or agreement that this Insurance must be primary to, or nonpc:ontributory with, suoh other lnsurance1 In whlch oase this insurance WIii be primary to, and non-contributory with. such other In- surance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS ... PERMITS The following is added to SECTION II -WHO IS AN INSURED: Any state or polltioal subdivision that has Issued a permit in connection with operations perfClrmed by you or on your behalf and that you are required P::100 4. of A !ell ~n1 '1 The Traval11rs 1rr1emnttv· <!t'lmpany, All rlnht.'I r.cttterved, 41257748 r lB~!f TMI 111:i' Linea I .!Imber Olivon I ~/9/2"o'In. ,bl!"ilB l\l-1 U'U:rr 'f,age" 't 'of'lll .. CG D3161111 by any ordlnance1 law or bulldlng code to include as an additional Insured on this Coverage Part Is an Insured, but only with respeot to llabillty for ''bodily Injury''. "property damage", "personal In· Jury11 or "advertlslng Injury" arising out of such op~ eratlons. The Insurance provided to such state or polltlcal subdivision does not apply to: a., Any "bodily lnjury.'1 "property damage,'1 "per- sonal lnjurt' or "advertlsf ng Injury" arising out of operations performed for that state or po- fltlcal subdivision; or b. Any "bodlly lnju1y11 or "property damage" !nb eluded In the •1products-completed operations hazard". J. KNOWLEDGE ANO NOTICE OF OCCUR .. RE!NCE OR OFFENSE The followlng ls added to Paragraph 2,, Oµties In The event of Occurrence, Offense, Claim or Sult, of SECTION IV -COMMERCIAL GEN .. ERAL LIABILlTY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the In- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of ·section fl:.. Who ls An Insured: (1) Notice to us of suoh "occurrence" or of" fense must be given as soon as practica- ble only after the "ocoutrencet or offense la known by you (1f you are an individual), any of your partners or members who Is an Individual (If you are a partnership or joint venture), any of your' managers who Is an Individual (If you ar<!) a limited llablllty · company), any of your "executive off! .. cers 11 or directors (If you are an organiza- tion other than a partnership, Joint venture or limited liablllty company) or any "em- ployee" authOrlzed by you to give notice of an 11ocourrence" or offense. (2) If you are a partnership, Joint venture or llmlted liability company. and none of your partners1 Joint venture members or man- agers are fndlvfduals, notice to us of such 11aecurrence" or offense must be given as soon as practicable only after the "oocur- , rence11 • or otfense is known by: (a) Any indlvfdual who is: {I) A partner or member of any part- nership or joint venture; COMMERCIAL GENERAL LIABILITY (II) A manager of any·Umlted llablllty company; or (Iii) An executive officer or director of any other organlzatlon; 1hat Is your partner, joint venture member or manager; or (b) Any "employee" auth9rized by such partnership, Joint venture, limited li- ability company or other organization to give notice of an ''ocourrence,. or offense. (3) Notloe to us ·of such "occurrence" or of an offehse wlll be deemed to be given as soon as practicable If It Is given In good faith as soon as praotioable to your work~ ars 1 compensation insurer. This applies only If you subsequently give notice to us. of the 1'occurra11ce11 or offense as soon as praotloable after 'fmy of the persons de- scribed In Paragraphs e. (1) or (2} above discovers that the 11oooorrence" or offense may result in sums to Which the Insurance provrded under this Coverage Part may apply. However, if this Coverage Part Includes an en· dorsement that provides limited coverage for "bodily injury~ or "property damage" or pollution costs arising out of a discharge, release or es .. oape of 11p0Uutants" which contains a requirement that the discharge, release or escape of '1pollut- ants11 must be reported to us within a specffic number of days after Its abrupt commencement. this Paragraph e. does not affect that require~ ment. K. UNINTENT(ONAL OMJSSION The following Is added to Paragraph 6.1 Repre• sentations, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITION'S: The uni ntentronal omission of, or unintentional error In, any lhformatlon provided by you which we relied upon In Issuing this policy will not preju- dice your rights under this Insurance. However, this provision does not affeot our right to collect additional premium Qr to exercise our rights of cancellation or nonrenewal In aocordanoe with applicable insurance laws or regulations. L. BLANKE!l' WAIVER OF SUBROGATION The followlng Is added to Paragraphs., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV .... COMMERCIAL GENERAL Lf .. ABILITY CONDITIONS: Page 5 of 6 COMMERCIAL GENERAL LIABIL1TY If the Insured has agreed in a-eontract or agree- ment to walv& that lnsurad's right of recovery against any person or organization, we waive our right of recovery against such person or organiza .. t!an, but only tor payments WB make because of: a. "Bodily injury" or 11property damage11 that oc- ours; or b~ ''.Personal Injury" or ••advertising Injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJUl"-lY l:>EFINITION The foHowing replaces tha definition of "bodily Injury" In tile DEFINITIONS Section: 3. "Bodily Injury" means bodily l11Jury. mental anguish, mental injury, shock, fright, dlsablllty, humiliation, slokhess or disease sustained by a person, Including death resulting from any of these at any time. N. CONTRACTUAL LIAl31U1Y -RAILROADS 1. The following replaces Paragraph c. of the definition of ''Insured oontraott1 In the DEFINI~ TIONS Seouon: o, Any easement or license agreement; 2. Paragraph f.(1) of the daflnltlon of 11lnsured contract" In the DEFINITIONS Seotlcm ts de~ feted. CG 03161111 Thennal Mechanical, Inc. ____ ., .... -·····'"· . . ·.· •·'\ DT8108G80535ATIL 1 \ 4/1/2018 ,,....__ ____ _ COMMERCIAL Al.ITO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUll V. 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 flmlted by such an endorsement. The follo\lling IIStlng is a general cover- age description only. Limitations and exclusions rnay apply to these coverages. Read all the provisions of this enM dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE! -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. !EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS f. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS GI. WAIVER OF DEDUCTIBLE-GLASS PROVISIONS A. BROAD FORM NAMED INSURED The folloWing Is added 10 Paragraph A.1., Who Is An lnsumd, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organi.zatlon you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision Is afforded only unk til the 180th day after you acquire or fonn the or- ganization or the end of the policy period, which- ever Is earlier. B, BLANKET ADDITIONAL INSURED l'he following is added to Paragraph c. in A.1., Who la An ln:auNd, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any peJSOn or organization who Is required under a written contract or agreement between you and that pel$0n or organization, that Is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi-- tronal insured is an "Insured" for covered Autos Uabillty Coverage, but only for damages to which USE ... INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J, PERSONAL PROPERTY K, AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERR.ORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualities as an "insured" under the Who Is An Insured provision contained In Section II. C. EMPLOYEE HIRED AUTO 1. The following is added ta Paragraph A:I., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or mnted under a contract or agreement In an "emptoyee1s«1 name. with your permission, white performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.6., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered 11autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto 0 hired or rented by your "employee" under a contract in an "employee's" name, with your CA 1353021& @2015 'Tile Travelers Indemnity Company, All right$ reserved. Page 1 of 4 Includes copyt1111rted material of ln$11rance Services Office, lno. with its permission. 41257748 I 18-19 'l'MI All r.inH i Amber Oli1ran I 4/11/2016 1:1.;02;38 AM (PO'!') l li'age 10 of 19 COMMERCIAL AUTO pennlsslon, while performing duties related to the conduct af 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 11-COVERED AUTOS LIABILITY COVERAGE: Any •employee" of yours is an "'insured 11 while us- ing a covered "auto" you don't <>'IMI, hire or borrow In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The followlng replaces Paragraph A.2.a.(2), of SECTION 11 .. COVERED AUTOS LIABIL- ITY COVERAGE; (2) Up to $3,000 for cost of ball bonds (In• eluding bonds for related traffic law viola• tions) required because of an "accident" we cover. We do not have to fumish these bonds. 2, The following replaces Paragraph A.2.a.(4), of SECTION 11-COVERED AUTOS UABIL .. ITV COVERAGE: (4) All reasonable expenses Incurred by the "lnsuredff at our request, including actual loss of eamings up to $500 a day be- cause of time off from Y«>rk. F. HIRED AUTO -LIMITED WORLDWIDE COVN ERAGE -INDEMNITY BASIS The following replaces Subparagraph (6) In Para- graph B.7., Policy Pariode Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (G) .Anywhere In the YKJrld, except any country or Jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United states of America applies to and pro- hibits the transaetlon of business with or within such country or Jurisdiction, for Cov- ered Autos Liability Coverage for any covered ~auto" that you tease, hire, rent or borrow without a driver for a per!Od of 30 days or less and that is not en "auto" you tease, hire, rent or borrow from· any of your '"employees•, partners (If you are a partnership), members Of you am a limited llabillty company) or members of their households. (a) With resptml: to any clalm made or "suit" brought outside the United States of America, the territories and possessions of the UnHed States of America, Puerto Rico and Canada: (I) You must arrange to defend the "In- sured" against, and Investigate or set· tie 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 "Sult". (iv) We wm reimburse the "Insured" for sums that the "Insured" legally must pay es 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 llmlt described in Para. , graph c., Limits Of Insurance, of SECTION ii -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the winsured" for the reasonable expenses incurrnd with our consent for your lnvestiga~ tlon of such claims and your defense of the "lnsumd" 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 collect.Ible other Insurance avallable to the "insured" Whether primary, excess, contingent or on any Olher basis. (C) This insurance Is not a substitute for reft quired or compulsory insurance in any country outside the United States, its ter- rttorles and passesslons, Puerto Rico and Canada. Page 2 of 4 02015 The Travelere Indemnity Company. Atl rlahlS rmMd. CA T3630215 lnc!Udae capyl1gl\ted material of Insurance Serv109$ Offlot, lno. with llt permlaslon. 4;1.25'1748 [ 18-19 <rMI AU Lj,ne11 1 l\mbet Olivan I iih/2018 11,Da, 38 llM (Pll'rl j Fage ll of 18 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealmant. Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unlntentlonal error in, any infonnation given by you shall not prejudice your rights under this Insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page4 of4 @ 2015 The Travelers Indemnity Company. All rlr,hl8 reserved. CA T313 02115 lneludes cOf)Yllghted material of Insurance Servkl88 Office, Inc. With Its permlealOn. 4l35774S J l8-l9 :rMI l\ll i.ines I limber Olivan I 4/9/2DlB ll,02;38 ~ IPllTl l Page 13 of 10 TRAVEL.ERfr~ WORKERS COMPENSATION AND Olm 1'0WIR SQUJIRS Hll'WORD, Cf 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)-001 POLICY NUMBER:UB3K2195891826G WAIVER Of OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or OrganiJ:ation Any person or organization for which the insured has agreed by written contract executed prior to loss to fUrnisfi this waiver Job Description This endorsement changes the policy to which it Is attached and is effective on the date lssued unless otherwise stated. (The Information below Is required only when thl~r.s.elll.lml~_Jssued subsequent to preparation of the policy.) ~--..--=-~ Endorsement Effective olloy No. UB3K2195891826G ) Endorsement No. Insured Thermal Mechanical, Inc. ..-' Premium _________ ,,,_.,. ____ .,--- Insurance Company Countersigned by __ DA'TE OF ISSUE: ST ASSIGN: Page 1 of ff 41251746 I 18·19 'I'M.I l\ll :r,ince I Ambel' Ol:iven I <1/9/2018 1l102,3B .IIM (1.'D'l') I vage 14 of 18 Tfiermal-Mechanical~~ IL 02 70 09 12 ( OT22C08G80535ATlrJe> .....____ __ _____.J-HIS ENDORSEMENT CHANGES tHE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES .. CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the folfowlng: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT~RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS' LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown In the poli- cy, and to the producer of tecord, ad- vance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation If we cancel for: (1) Nonpayment of premium; ot (2) Discovery of fraud by: (a) Any insured or his or her representative In obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason, 3. All Pollcles In Effect For More Than 60 DaY$ a. If this policy has been In effect for more than 60 days, or is a renewal of a policy we issued, we may can- cel this policy only upon the occur~ rence, after the effective date of the policy, of one or more of the fol- lowing: (1) Nonpayment of premium, In- cluding payment due on a prior policy we issued and due dur- ing the current policy term cov- ering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a Callfomla or Federal law, having as one of its necessary elements an act whidt materially Increases any of the risks insured against. IL 02 70 09 12 ® Insurance Services Office, Inc., 2012 412$7748 I 18·1' 'l'MI All r.ines I Amber Olivan I 4/9hD;J.8 11102:38 JIM (POT) J Uage 1S r,f 18 Page 1 of 4 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of st.ate laws or regulations establlshing safe- ty standards, by you or your representative, which materially increase any of the risks in- sured against. (5) Failure by you or your repre- sentative to Implement reason- able loss control raquirements, agreed to by you as a condition of policy Issuance. or which were conditions precedent to our use of a particular rate or rating plan, If that failure ma- terially increases any of the risks insured against. (6) A determination by the Com- missioner of Insurance that the: {a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial Integ- rity or solvency; or (b} Continuation of the policy coverage would: (I) Place us in violation of California law or the laws of the state where we are domieifed; or (ii) Threaten our solvency. (7) A change by you or your repre- sentative in the activities or property of the commercial or Industrial enterprise, which re- sults in a materially added, in- creased or changed risk, unless the added, Increased or changed risk Is Included In the policy. b. We will mail or deliver advance written notice of cancellation, stat- ing the reason for cancellation, to the first Named Insured, at the mailing address shown in the poli- cy, and to the producer of record, at least: (1} 1 O days before the effective date of cancellation if we can- cel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation If we can- cel for any other reason listed In Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which Is used predomi~ nantly for residential purposes and con- sisting of not more than four dwelling units, and to coverage on tenants' household personal property in a resi- dential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Cov- erage Form a. If such coverage has been in effect for 60 days or less, and Is not a renewal of coverage we previously issued, we may cancel this cover- age for any reason, except as pro- vided In b. and c. below. b. We may not cancel this pollcy sole- ly because the fl,:st Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that Included an earthquake policy premium surcharge. However, we shall cancel this poli- cy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium sur- charge but fails to pay the earth- quake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil condi- tions exist on the premises. This restriction (c.) applies only if cov- erage is subject to one of the fol- lowing, which exclude loss or dam- age ca.used by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part -Causes Of Loss -Special Form; or (2) Farm Coverage Part -Causes Of LOS$ Form -Farm Property, Paragraph D, Covered Causes Of Loss -Special. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 U2S7148 I lB-19 ,n.,, .1111 Linea I Jlltlber Dlil'On J 4/ll/aDlB 11,02,38 AH (IIW) I Page 15 of 18 Page 2 of 4 c. The following Is added and supersedes any provisions to the contrary: Nonrenewal 1, Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mall or de- liver written nolioo, stating the reason for nonrenewal, to the first Named In- sured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and ' to the pro· ducer of record, at the mailing address shown In the policy. 2. Resldentlal Property This provision applies to coverage on real propert.v used predominantly for residential purposes and oonsistlng of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part ~ Farm Property - Farm Dwellings. Appurtenant Structures And Household Personal Property Cov- erage Form a. We may elect not to renew such coverage for any reason, except as provided in b •• c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has acoepted an of- fer of earthquake coverage. However, the following applies only to insurers who are associate par- ticipating insurers as established by Cal. Ins. Cede Section 10089.16. We may elect not to renew such cov- erage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the fol- lowing reasons applies: (1) The nonrenewal is based on sound undeiwriting principles that relate to the coverages provided by this policy and that are consistent with the ap- proved rating plan and related documents filed with the De- partment of Insurance as re• quired by existing law; (2) The Commissioner of Insurance finds that the e><posure to po- tential losses will threaten our solvency or place us in a haz.. ardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earth· quake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a sub- stantial reduction in the avallabilily or scope of re- insurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has ap• proved a plan for the nonrenewals that is fair and equitable, and that is respon· slve to the changes in our re- insurance position. c. We wlll not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the Califomia Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soll conditions exist on the prem· ises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part -Causes Of Loss • Special Form; or (2) Farm Coverage Part -Causes Of Loss Form M Farm Property, Paragraph D. Covered Causes Of Loss -Special. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 4us7 7U f 18•1!1 TMi All 1'.,iJ;lftll t limber Olivan ! 4/~/2010 U,02138 All (l!Dl'l l Page 11 of 18 Page 3 of 4 3. We are not required to send notice of nonrenewal In the following situations: a. If the transfer or renewal of a poli- cy, without any changes in tenns, conditions or rates, is between us and a member of our Insurance group. b. If the policy has been extended for 90 days or less, provided that no· tice has been given In accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named I~ sured has agreed. ln writing, within 60 days of the termination of the policy, to obtain that coverage. · d. If the policy is for a period of no more than 60 days and you are n~ tlfled at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy with- In 60 days of the end of the pollcy period. f. If we have made a written offer to the first Named Insured, in accor- dance with the timeframes shown In Paragraph c.1.. to renew the policy under changed terms or con- ditions or at an increesed premium rate, when the increase exceeds 25%. IL 02 70 09 12 . © Insurance Services Office, Inc., 2012 41,157748 l ia-1!1 TMI All Linea I ,i\mba,: Oli'lon l M9/2018 ll,02038 J\M (eP'l') I Page 18 of 18 Page 4 of 4