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19-023 David Carroll Assocaites, Inc, for System Integration for two Conference rooms in City Hall (A and C)
FIRST AMENDMENT TO AGREEMENT 19-023 BETWEEN THE CITY OF CUPERTINO AND DAVID CARROLL ASSOCIATES. INC, FOR SYSTEM INTEGRATION FOR TWO CONFERENCE ROOMS This First Amendment to Agreement 19-023 between the City of Cupertino and David Carroll Associates, Inc., for reference dated 1/18/2019, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and, a David Carroll and Associates, Inc., ("Consultant") whose address is 1320 South 51 st Street, Richmond, CA. 94804 and is made with reference to the following: RECITALS: A.On 3/14/2019, an agreement was entered into by and between City and David Carroll Associates (hereinafter "Agreement") for System Integration for two conference rooms: City Hall Conference Rooms A and C. The agreement will expire on 6/30/2019. B.The Agreement and the First Amendments are collectively referred to as the "Agreement" unless otherwise indicated. C.City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1.Schedule of Performance Paragraph 3.2 of the Agreement is modified to read as follows: Schedule of Performance. Contractor must deliver the services in accordance with the Schedule of Performance, attached and incorporated Exhibit B. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT By� Title Chief Operating Officer, DCA Inc. RECOMME�E�F�APPROVAL By �--BL:? Title Chief Technology Officer ��mo Title Interim City Manager .5"/r 6 /1 I APPROVED AS TO FORM ���· City Attorney City Clerk 5° · f S: ( CJ Exhibit B Schedule of Performance April 26, 2019 Dates: April 1-May 15, 2019 •Project Management •Engineering Support (Network, Design, Drafting, Documentation, Support Services) •Order of equipment and other materials •Prefabrication & Testing (offsite) Dates: June 3 -14, 2019 •Project Management •Onsite Installation/Integration •Calibration/Programming •Project Commissioning (testing, debugging, etc.) •Systems Hand-off Exhibit B Schedule of Performance is predicated on the following: •New Schedule of Performance is approved no later than Thursday, April 26th •AC and structural is installed and approved no later than May 17 •All products required products are received at DCA offices before May 17 •Required City of Cupertino network engineering is completed before May 17 CITY OF II PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1.PARTIES This Agreement is made and entered into as of _M_a_rc_h_l 4�2_0_1_9 ___________ _ ("Effective Date") by and between the City of Cupe1tino, a municipal corporation ("City"), and David Carroll Associates, Inc., 1320 South 51st Street, Richmond, CA 94804 ("Contractor"), a corporation, for system integration for two conference rooms: City Hall Conference Rooms A and C. 2.SERVICES Contractor agrees to provide the services and perf01m the tasks ("Services") set f01th in detail in Scope of Services, attached here and incorporated as Exhibit A. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2019 ("Contract Time"), unless te1minated earlier as provided herein. Contractor's Services shall begin on March 18, 2019 and shall be completed by J_u_n_e_3_0�, 2_0_1_9 _____ _ 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Perfo1mance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the perfo1mance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory perfo1mance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $90,454.30 ("Contract Price"), including a 5% contingency, based upon the scope of services in Exhibit A and the budget and rates included in Exhibit A, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without p1ior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thiity (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any fmther payment or other obligations under the Agreement. Project Conference Room Upgrades Page I of 8 Professional/Consulting Contracts /Version: May 22, 2018 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, pa11ner, or joint venture of City. Contractor is solely responsible for the means and methods of perfonning the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation or other benefits from the City. 5.2 Contractor's Qualifications. Contractor wanants on behalf of itself and its subcontractors that they have the qualifications and skills to perfo1m the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor wanants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce11ified to perfo1m the Services as required by law and have procured a City Business License. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perfo1m the Services under this Agreement. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6.PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential infmmation owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third pai1ies may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to pe1form this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7.OWNERSIDP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, rep011, map, plan, drawing, specification, data, record, document or other infonnation or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-pai1y without prior written approval of City. 7.2 Copyright. To the extent pe1mitted by Title 17 of U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the prope11y of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. Project Conference Room Upgrades Page 2 of 8 Professional/Consulting Contracts /Version: May 22, 2018 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third pa1iy intellectual prope1ty, including but not limited to patented, trademarked, or copyrighted intellectual prope1ty if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a)The original Services for which Contractor was hired; (b)Completion of the original Services by others; ( c)Subsequent additions to the original Services; and/ or (d)Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8.RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's perfonnance, benchmarks and deliverables, which must be available to City for review and audit. The records and suppo1ting documents must be kept separate from other records and must be maintained for four years from the date of City's final payment. 9.ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY/ SIGNS Any publicity generated by Contractor for the project under this Agreement, during the te1m of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupe1tino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper mticles. No signs may be posted, exhibited or displayed on or about City prope1ty, except signage required by law or this Contract, without prior written approval from the City. 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 Project Conference Room Upgrades Page 3 of8 Professiona/!Cons11/ting Contracts /Version: May 22, 2018 haimless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs 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 Agreement or in any manner relating to any of the following: (a)Breach of contract, obligations, representations or wan-anties; (b)Negligent or willful acts or omissions committed during perf01mance of the Services; ( c)Personal injury, prope1ty damage, or economic loss resulting from the work or perfo1mance of Contractor or its subcontractors or sub-subcontractors; (d)Unauthorized use or disclosure of City's confidential and proprietary Info1mation; (e)Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope1ty rights of any third paity. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be constrned to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves 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 for Contractor and deducting the costs from Conh·actor's compensation or terminating the Agreement. 13.COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perfo1m. Contractor is responsible for verifying the employment autho1ization of employees perfo1ming the Services, as required by the Immigration Reform and Conh·ol Act. Project Conference Room Upgrades Page 4 of 8 Professional/Consulting Contracts !Version: May 22. 2018 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes ce1iain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rnles governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14.PROJECT COORDINATION City Project Manager. The City assigns Pete Coglianese as the City's representative for all purposes under this Agreement, with authority to oversee the progress and perfmmance of the Scope of Services. City reserves the light to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Stuart Rosenthal ------as its single Representative for all purposes under this Agreement, with authority to oversee the progress and perfo1mance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Perfo1mance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15.ABANDONMENT OF PROJECT City may abandon or postpone the Project or paiis therefor at any time. Contractor will be compensated for satisfactory Services pe1fo1med through the date of abandonment, and will be Project Conference Room Upgrades Page 5 of 8 Projessional/Consulting Conlrac/s /Version: May 22. 2018 given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the pe1f01mance of the Services. 16.TERMINATION City may te1minate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17.GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code piior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. 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. 18.ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing patty will be entitled to reasonable attorney fees and costs. 19.THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. 21.ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Patties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in w1iting and signed by each Patty's auth01ized representative. No verbal agreement or implied covenant will be valid to amend or ab1idge this Agreemen_!, If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. Project Conference Room Upgrades Page 6 of8 Professional/Consulting Contracts !Version: May 22, 2018 22.INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be infeITed herein. Either party may request an amendment to cure mistaken insettions or omissions of required provisions. The Patties will collaborate to implement this Section, as appropriate. 23.HEADINGS The headings in this Agreement are for convenience only, are not a pait of the Agreement and in no way affect, limit or amplify the te1ms or provisions of this Agreement. 24.SEVERABILITY /PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a patticular situation, is found by the comt to be void, invalid, illegal or unenforceable, such te1m or provision shall remain in force and effect to the extent allowed by such rnling. All other tenns and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Patties agree to work in good faith to amend this Agreement to caITy out its intent. 25.SURVIVAL All provisions which by their nature must continue after the Agreement expires or is te1minated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26.NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confitmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ce1tified, or the next business day following electronic submission: To City of Cupe1tin6 10300 Torre Ave., Cupertino CA 95014 Attention: Pete Coglianese Email: PeterC@Cupertino.org 27.VALIDITY OF CONTRACT To Contractor: David Carroll Associates 1320 South 51 st Street, Richmond, CA 94804 Attention: Stuart Rosenthal Email: sr@davidcarroll.com This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupettino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b)is signed by the City Manager or an authorized designee, and ( c) is approved for fotm by the City Attorney's Office. Project Conference Room Upgrades Page 7 of8 Professional/Consulting Contracts /Version: lvlay 22, 20/8 28.EXECUTION The person executing this Agreement on behalf of Contractor represents and watTants that Contractor has full right, power, and authority to enter into and catTy out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterpai1s, each one of which is deemed an original and all of which, taken together, constitute a single binding instrnment. IN WITNESS WHEREOF, the patties have caused the Agreement to be executed. CONTRACTOR David Carroll Associates, Inc A Corporation By.� _Name Steve Young Title Chief Operating Officer Date 3/15/20 I 9 Tax I.D. No.: 26-3903-621 APPROVED AS TO FORM: ��'-� HEATHER M. MINNER Cupe11ino City Attorney ATTEST: C)j �,1/f GRACE SCHMIDT J-( c:;-1 er City Clerk I t I Project Conference Room Upgrades CITY OF CUPERTINO A Municipal Corporation Name Bill Mitchell Title Chief Technology Officer Date __ -3_·�/_.S-_._.2P_'/_,7�--- Page 8 of8 Professional/Consulting Contracts /Version: May 22, 2018 Exhibit A CITY OF City Hall Two Conference Rooms Systems Integration Proposal February 7, 2019 � David Carroll � Associates, Inc. City of Cupertino City of Cupertino Cupertino City Hall Cupertino, CA 95014 February 7, 2019 Peter Coglianese Prepared By: David Carroll Associates, Inc. 1320 South 51st Street Richmond, CA 94804 Multimedia Communications Specialist Innovation Technology Re: Two City Hall Conference Room AV Refresh Propos al 20190207 Dear Peter, February 7, 2019 Thank you for the opportunity to refresh our quote for the two-conference room AV refresh based on the updated design from Joey D' Anglea and Associates. Based on our conversations during my site survey and my subsequent discussions with Joey D' Angelo, I have prepared the following proposal which address all professional services to complete the required integration for the two identified conference rooms. After our physical review of the two identified City Hall rooms I have made changes to the equipment requirements. A a roll-up for each room's equipment and labor costs including recommended equipment changes has been previously submitted; quotes, 5189 and 5190 provide all MES details. All equipment pricing includes Santa Clara sales tax. Please review and get back to me with any questions. Thank you, I look forward to working you and your team. Sincerely, Stuart Rosenthal David Carroll Associates, Inc. P.1 � David Carroll Associates, Inc. � Your Technology Integrator Confidential City of Cupertino February 7, 2019 1.SMALL CONFERENCE ROOM Equipment Quote 5189 Recommended Material/Equipment Updates, New Total: $13,464.85 1.Samsung 75" display specified 2.Replace Wiremold POU with non-rack model, add 1 additional POU. This product is appropriate for under table mounting. 3.Changed Extron Black Cable Collar Kit skew per D' Angleo spec to correct Extron skew 4.Add behind display and under table device mounting panels to allow for efficient device installation and ease of service. 5.Updated Cisco switch from SG-300 to SG-350 6.Add misc. installation hardware/supplies to account for required supplies not identified in the initial MES/BOM 7.Wireless key board/mouse not included per D'Angleo MES Professional Services Quote 4869: $8,184.00 1.Project Management 2.Engineering Support (Drafting, Documentation and Support Services) 3.Lead Systems Installer 4.Installer 5.DIR Compliance Apprenticeship 6.Prefabrication-off site at DCA shop 7.Programming 8.Trip Fees 2.LARGE CONFERENCE ROOM Equipment Quote 4866 Recommended Material/Equipment Updates, New Total: $43,073.53 1.Replace fixed display mount with swing-out to allow access for installation and service. 2.Add behind display and under table device mounting boards for efficient device installation and ease of service. 3.Changed Extron Black Cable Collar Kit skew per D' Anglea spec to correct Extron skew 4.Add rack mount kit for OFE satellite receiver 5.Add misc. installation hardware/supplies 6.Wireless keyboard/mouse not included per D' Angleo MES Large Conference Room Professional Services Quote 4869: $22,905 P.2 1.Project Management 2.Engineering Support (Drafting, Documentation and Support Services 3.Lead Systems Installer 4.Installer 5.DIR Compliance Apprenticeship 6.Prefabrication-off site at DCA shop 7.Programming 8.Trip Fees ,;:;, David Carroll Associates, Inc. � Your Technology Integrator Confidential City of Cupertino February 7, 2019 3.Warranty ALL MANUFACTURERS WARRANTY PROVIDED BY MANUFACTURER DCA warrants our installation for a period of one year Master Services Agreement and Remote Monitoring are available at additional cost 4.ASSUMPTIONS/CONDITIONS 1.Equipment and design is based on D'Angleo and Associates AV design specs: "20181129 COC STANDARDS EQUIPMENT LIST" 2.Surface mount raceway where existing site conditions require (Quinlan) fasten raceway to room floor and wall as discussed for cable pathways 3.Middle Atlantic RFR rack finish To Be Determined before order placement 4.Access to perform our work during normal business hours 5.Internet access is required during the course of our site work 6.Parking for duration of work including access for unloading/loading 7.Freight is not included and will be billed as incurred Exclusions 1.Building permits, bonds and associated fees 2.All required electrical work/connectivity including over floor raceway, specialty outlets, adapters, etc. 3.Flat Panel Display backing/finish wall panel modifications 4.Cable pathway obstructions 5.Ceiling obstructions 6.Unistrut structural attachments 7.Wall preparation including framing and blocking to support AV equipment 8.Any cutting, patching or painting 9.All conduit installation and ladder/basket raceway outside of audio video specific enclosures 10.Satellite or CATV receivers and coax cabling 11.Zoom licensing 12.Network provisioning 13.Damage to wallboard, flooring, ceiling, paint, finishes, etc. DCA expert installers will take every precaution to ensure all client areas are protected and not damaged. City of Cupertino shall be responsible for the following scope of the project as it relates to DCA's work: P.3 1.Provide detailed timeline to meet the project schedule 2.Facility design coordination including custom millwork delivery to support the AV systems 3.Provide timely responses to any RFI or design related questions 4.Provide timely responses to any change proposals 5.Supply OFE equipment in working order 6.Ship OFE equipment to DCA to meet the schedule for system pre-staging � David Carroll Associates, Inc. � Your Technology Integrator Confidential City of Cupertino February 7, 2019 Clarifications P.4 1.Payment terms are as follows: a.Progress billing-incremental billing based on the percentage of the work already completed b.Specific milestones to be itemized in the invoices c.50% hardware at procurement d.50% hardware once we receive and inventory the equipment e.100% labor upon completion Conference Room C (large) f.100% labor upon completion Conference Room A (small) 2.Contingency is not included. DCA recommends a 10% contingency to cover any unexpected additions in engineering or integration scope. 3.All included cable is non-plenum type cable. Plenum cable, if required, can be supplied additional cost 4.Delays in project tasks outside of our scope of work, that require completion before we can perform our specific scope of work, will impact the agreed upon completion date and may incur additional costs. These tasks may be, and are not limited to: electrical, the delivery and installation of furniture and/or millwork, raceway installation, floor monuments, etc. 5.Audio Video equipment installation will require a clean and dust free environment. 6.Sufficient time and access to be provided per agreed upon schedule. Any delays or adjustments may incur additional costs and potentially extend the completion schedule. 7.Delays caused by other trades inhibiting our flow of work may incur additional costs. 8.Delays incurred by out of sequence work requirements may incur additional costs. 9.Idle time that is incurred due to escorts, clearances, inability to enter workspace and other factors beyond our control will be invoiced at our current hourly labor rate. � David Carroll Associates, Inc. � Your Technology Integrator Confidential Prepared for: David Carroll Pete Coglianese (408) 777-1358 City of Cupertino Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 David Carroll Associates, Inc. Phone: (510) 235-1256 Fax: (510) 235-5636 1569 Solano Ave, PMB 186 Berkeley, CA 94707 Prepared by: Stuart Rosenthal Account No.: 1501 No.: Date: Quote 5198 1/8/2019 Quantity Item ID Description UOM Sell Total Small Conference Room 01-08-2019 Hardware, Cable, and Installation Items Belden/2413-009U10 CAT6 4PR U/UTP CMP -White $170.45 $170.45 00 5 Sentinel/ 111-080800 *PPM RJ45 Plugs for Belden $0.42 $2.10 54L34 2412-2413 2-part connector, use crimp die 900216 5 Sentinel/B00046L *PPM Snagless clear slimline boot $0.55 $2.75 6. 7MM for Belden 2412/2413 Use with ... 54L34 4 Cables To Go/31341 5FT CAT6 SNAGLESS UTP CAB $3.34 $13.36 2 Wiremold/UL205BD *PPM PLUGIN POWER STRIP 13IN $49.41 $98.82 GRAY W/8 5-15R 15' CORD LC, 13IN GRAY W/8 5-15R 15' CORD 1 Middle 15A,4 OUT,IP CTRL POWER $189.40 $189.40 Atlantic/RLNK-415R 1 Middle 15A,2 OUT,IP CTRL POWER $144.38 $144.38 Atlantic/RLNK-215 1.00 OFE Polycom Trio 8800 $0.00 $0.00 1 Polycom /2457-20202 Replacement USB 2.0 cable for $24.46 $24.46 -003 RealPresence Trio 8800. 2m/6.6ft cable with right-angle right Micro-B/male with latch to Type A/male for using RealPrese 1 Extron/70-1046-08 Cable Cubby 700, Brushed Al, No AC $310.50 $310.50 1 Extron/60-1697-01 US (2) AC & (2) USB Outlets w $201.82 $201.82 Integrated PS 1 Extron/70-1066-04 Extended Length Cable Retraction $258.75 $258.75 System for Cable Cubby® Enclosures - HOM! Male to Male 1 Extron/70-1066-10 Extended Length Cable Retraction $258.75 $258.75 System for Cable Cubby® Enclosures - DC Power Extension for Dell, HP, and Similar PCs 1 Extron/70-1066-50 Extended Length Cable Retraction $284.62 $284.62 System for Cable Cubby® Enclosures -USB-C Male to Male quote-nys.rpt Printed: 1/8/2019 12:55:0JPM Page 1 No.: Date: Quote 5198 1/8/2019 Quantity Item ID Description UOM Sell Total 1 Extron/70-1080-02 Under-Table Cable Bag for AVEdge $67.28 $67.28 and Cable Cubby 600, 650 UT, 700, 800, 1200, 1400, EBP 1200C, TLE 350, TLP Pro 320C, TLP 350CV, and TLP Pro 725C encl 1 Extron/70-678-00 For Horizontal Mounting Applications $15.52 $15.52 RETRACTOR MOUNTING BRACKET KIT For Horizontal Mounting Applications Extron/70-1049-80 Installation Routing Template for $77.62 $77.62 Cable Cubby 500 CCB and Cable Cubby 700 1 Extron/70-1080-02 Under-Table Cable Bag for AVEdge $67.28 $67.28 and Cable Cubby 600, 650 UT, 700, 800, 1200, 1400, EBP 1200C, TLE 350, TLP Pro 320C, TLP 350CV, and TLP Pro 725C encl 1 Extron/70-1067-01 Black Collars for Cables and Retractors, $18.75 $18.75 Qty. 10 1 Liberty/DL-AR-2825 DIGITALINX HDMI ADAPTER RING $97.72 $97.72 1 Belkin/F2CD079bt Mini DisplayPort to HDMI Adapter. 4k $34.98 $34.98 Compatible (Black) 1 Cisco/SG350-10P-K9-Small Business SG350-10P -switch -$270.38 $270.38 NA 10 ports -managed. 10/100/1000 (PoE+), 14.88 Mpps, 20 Gbps Extron/60-1471-12 Twisted Pair Extender for USB $357.51 $357.51 Peripherals Extron/60-1471-13 Twisted Pair Extender for USB $357.51 $357.51 Peripherals 3 Extron/26-663-03 4K Premium High Speed HDMI $25.91 $77.73 Ultra-Flexible Cable -3' (90 cm) 1 Extron/26-655-01 DisplayPort Male to HDMI Female $25.91 $25.91 Active Adapter DISPLAYPORT M-HDMIF DisplayPort M-HDMIF 1 Milestek/MU52A0002 2' USB Cable (PC to Extender) $7.72 $7.72 0-lM 1 Milestek/MUS2A0001 2' USB Cable (Ext. RCVR to Future $7.88 $7.88 9-lM Touchscreen) 1.00 Hardware and Allowance for hardware and materials $300.00 $300.00 Materials includign zipties, cables, connectors, wire, wire management, etc. 4 Chief/CSPR Component Storage Panel $103.43 $413.72 Chief/XSM lU Micro-Adjust Fixed Wall Mount, $177.27 $177.27 X-Large Audio Devices None Specified Video Devices 1 Samsung/QM75F 75"LED LCD Commercial 4K $4,829.55 $4,829.55 1 Dell/T6H1F OptiPlex 750 Micro Desktop Computer $1,020.75 $1,020.75 quote-nys.rpt Printed: 1/8/2019 12:SS:03PM Page 2 No.: Date: Quote 5198 1/8/2019 Quantity Item ID Description UOM Sell Total 1 Visionary A/V Encoder, 4K UHD over IP cinema Solutions/PacketA V quality ultra-low latency visually Duet Encoder lossless switch matrix routable; POE; Dante 1 Visionary A/V Decoder, 4K UHD over IP cinema Solutions/PacketA V quality ultra-low latency visually Duet Decoder lossless switch matrix routable, with built-in video wall functionality; POE; Da 1 Magewell/32060 USB Capture HDMI Gen 2 1 Logitech/960-00097 C930e USB2.0 Webcam, HD 1080p, 1 BK Control Devices 1 Media Quest AV Device Monitor 1 Year License Sytems/AVD Monitor Prices are firm until 2/7/2019 Terms: Net 30 Prepared by: Stuart Rosenthal, sr@davidcarroll.com EQUIPMENT SALE ONLY PROFESSIONAL SERVICES PROVIDED SEPERATEL Y Freight to be billed as incurred ALL MANUFACTURERS WARRANTY PROVIDED BY MANUFACTURER Accepted by: quote-nys.rpt Printed: 1/8/2019 12:55:03PM EA EA EA EA EA $823.83 $823.83 $267.88 $131.19 $121.10 Your Price: Sales Tax SubTotal: Total: Date: 1/8/2019 $823.83 $823.83 $267.88 $131.19 $121.10 $12,353.07 $1,111.78 $13,464.85 $13,464.85 Date: _____ _ Page 3 Pre pa red for: David Carroll Pete Coglianese (408) 777-1358 City of Cupertino Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 David Carroll Associates, Inc. Phone: (510) 235-1256 Fax: (510) 235-5636 1569 Solano Ave, PMB 186 Berkeley, CA 94707 Prepared by: Stuart Rosenthal Account No.: 1501 No.: Date: Quote 5199 1/8/2019 Quantity Item ID Description UOM Sell Total Large Conference Room 01-08-2019 Hardware, Cable, and Installation Items 1 Belden/2413-009U 10 CAT6 4PR U/UTP CMP $170.45 $170.45 00 12 Sentinel/B00046L *PPM Snagless clear slimline boot $0.55 $6.60 6. 7MM for Belden 2412/2413 Use with .. .54L34 12 Sentinel/111-080800 *PPM RJ45 Plugs for Belden $0.41 $4.92 54L34 2412-2413 2-part connector, use crimp die 900216 12 Cables To Go/31341 SFT CAT6 SNAGLESS UTP CAB $3.35 $40.20 2 Furman/M-8X2 15A Standard Power Conditioner, 9 $55.84 $111.68 Outlets, lRU, 6Ft Cord 1 Middle lSA, RM SERIES SURGE,SEQ $905.70 $905.70 Atlantic/RLNK-SW81 SR-SP 15A, RM SERIES SURGE,SEQ 1 Middle lSA,2 OUT,IP CTRL POWER $144.56 $144.56 Atlantic/RLNK-215 1 Crestron/TSW-1060-10.1" Touch Screen, White Smooth $1,371.43 $1,371.43 W-S 2 Extron/70-1046-08 cable Cubby 700, Brushed Al, No AC $310.88 $621.76 2 Extron/60-1697-01 US (2) AC & (2) USB Outlets w $202.07 $404.14 Integrated PS 2 Extron/70-1066-04 Extended Length Cable Retraction $259.07 $518.14 System for Cable Cubby® Enclosures - HDMI Male to Male 2 Extron/70-1066-10 Extended Length Cable Retraction $259.07 $518.14 System for Cable Cubby® Enclosures - DC Power Extension for Dell, HP, and Similar PCs 2 Extron/70-1066-50 Extended Length Cable Retraction $284.97 · $569.94 System for Cable Cubby® Enclosures -USB-C Male to Male 2 Extron/70-1080-02 Under-Table Cable Bag for AVEdge $67.36 $134.72 and Cable Cubby 600, 650 UT, 700, 800, 1200, 1400, EBP 1200C, TLE 350, TLP Pro 320C, TLP 350CV, and TLP Pro 725C encl 2 Extron/70-678-00 For Horizontal Mounting Applications $15.54 $31.08 RETRACTOR MOUNTING BRACKET KIT quote-nys.rpt Printed: 1/8/2019 12:53:0SPM Page 1 No.: Date: Quote 5199 1/8/2019 Quantity Item ID Description UOM Sell Total For Horizontal Mounting Applications Extron/70-1049-80 Installation Routing Template for EA $77.72 $77.72 Cable Cubby 500 CCB and Cable Cubby 700 1 Extron/70-1067-01 Black Collars for Cables and Retractors, EA $15.54 $15.54 Qty.10 2 Belkin/F2CD079bt Mini DisplayPort to HDMI Adapter. 4k EA $34.98 $69.96 Compatible (Black) 2 Liberty /DL-AR-2825 DIGITALINX HDMI ADAPTER RING EA $89.11 $178.22 1 D-Link/DGS-1210-28 24-Port 10/100/lOOOMbps + 4-Port EA $356.94 $356.94 p SFP PoE 2 Xantech/282D Designer Emitter EA $13.47 $26.94 5 Extron/26-663-03 4K Premium High Speed HDMI EA $25.88 $129.40 Ultra-Flexible Cable -3' (90 cm) 1 Extron/26-655-01 DisplayPort Male to HDMI Female EA $25.88 $25.88 Active Adapter DISPLAYPORT M-HDMIF DisplayPort M-HDMIF Milestek/MUS2A0002 2' USB Cable {PC to Extender) EA $7.72 $7.72 0-lM Middle 28W24SP28DP RFR RK BL RN EA $860.10 $860.10 Atlantic/RFR-2428BR 28W24SP28DP RFR RK BL RN 6 Chief/CSPR Component Storage Panel EA $103.43 $620.58 1.00 Hardware and Allowance for hardware and materials: EA $450.00 $450.00 Materials rack blanks, cable management, fasteners, screws, velcro, etc. 1 Premier Swingout Mount for Flat-Panels up to EA $395.98 $395.98 Mounts/AM300 300 lb./136 kg.- Audio Devices 3 Shure/MXA310W Table Array Microphone with Shure® EA $672.54 $2,017.62 IntelliMix® DSP Suite, White 1 QSC/Core llOf Unified Series Core with 24 local I/0 EA $2,272.73 $2,272.73 channels, 128x128 network I/0 channels, dual LAN ports, telephone POTS, two GPIO blocks, 16 AEC channels, lRU 1 QSC/SL-QUD-110-P Q-SYS Core 110 UC! Deployment EA $103.63 $103.63 Software License, Perpetual 1 QSC/SL-Q5E-110-P Q-SYS Core 110 Scripting Engine EA $207.25 $207.25 Software License, Perpetual AMK 1 powered and 3 passive EA $962.55 $962.55 Innovations/DS64-C Dante enabled speakers set Video Devices 1 Samsung/QM98F 98"Commercial 4K UHD LED backlit EA $15,625.00 $15,625.00 LCD display -TAA 1 QSC/PTZ-12X72 Q-SYS PoE camera for AV-to-USB EA $2,587.50 $2,587.50 Bridging. 12x Optical Zoom 72° horizontal field of view. For small to medium conference rooms. Includes Lan, 3G-SDI and quote-nys.rpt Printed: 1/8/2019 12:53:0SPM Page 2 No.: Date: Quote 1/8/2019 Quantity Item ID Description UOM Sell Total Visionary A/V Encoder, 4K UHD over IP cinema Solutions/PacketA V quality ultra-low latency visually Duet Encoder lossless switch matrix routable; POE; Dante 2 Visionary A/V Decoder, 4K UHD over IP cinema Solutions/PacketA V quality ultra-low latency visually Duet Decoder lossless switch matrix routable, with built-in video wall functionality; POE; Da 1.00 OFE Satellite TV 1 Middle CUS RACKSHLF2SP ANOD 11.5 for Atlantic/RSH4A2S Satellite receiver CUS RACKSHLF2SP ANOD 11.5 1 Magewell/32060 USB Capture HDMI Gen 2 1 Dell/T6H1F OptiPlex 750 Micro Desktop Computer Control Devices 1 Media Quest AV Device Monitor 1 Year License Sytems/AVD Monitor 1 Crestron/RMC3 3-Series® Room Media Controller Prices are firm until 2/7/2019 Terms: Net 30 Prepared by: Stuart Rosenthal, sr@davidcarroll.com EQUIPMENT SALE ONLY PROFESSIONAL SERVICES PROVIDED SE PERA TEL Y Freight to be billed as incurred ALL MANUFACTURERS WARRANTY PROVIDED BY MANUFACTURER Accepted by: quote-nys.rpt Printed: 1/8/2019 12:53:0SPM EA $823.83 $823.83 $0.00 $102.07 $267.88 $1,020.75 $121.10 $517.50 Your Price: Sales Tax SubTotal: Total: Date: 1/8/2019 $3,295.32 $1,647.66 $0.00 $102.07 $267.88 $1,020.75 $121.10 $517.50 $39,517.00 $3,556.53 $43,073.53 $43,073.53 Date: ____ _ Page 3 Exhibit B Schedule of Performance Dates: March 18 -April 15, 2019 Dates: March 18 -April 3, 2019 •Order of equipment and other materials •Project Management •Engineering Support (Drafting, Documentation, Support Services) •Order of equipment and other materials •Prefabrication (offsite) Dates: April 4 -April 15, 2019 •Project Management •Onsite Installation/Integration •Calibration/Programming •Project Commissioning (testing, debugging, etc.) •Systems Hand-Off Exhibit B Schedule of Performance is predicated on the following: •Signed contract or PO is received no later than Tuesday, March 19, 2019 •AC and structural is installed and ready before April 4, 2019 •Approved MES products are available to ship without changes or expedited freight EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to conU11encement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINJMUMS REQUIRED 1.Commercial General Liability (CGL) for bodily injury, prope1ty damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and adve1tising inju1y with limits no less than $2,000,000 pei: occurrence (ISO Form CG 00 0 l). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a.It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b.Additional Insured coverage under Consultant'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 Form CG 20 01 (04/13). c.The limits of insurance required may be satisfied by a combination of prima1y and umbrella or excess insurance, provided each policy complies with the requirements set fo1th in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a prima1y and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2.Automobile Liability: ISO CA 00 0 I covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers' Compensation: As required by the State of California, with Statuto1y Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily inju1y or disease. 0 Not required. Consultant has provided written verification of no employees. 4.Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a.The Retroactive Date must be shown and must be before the Effective Date of the Contract. b.Insurance must be maintained for at least five (5) years after completion of the Services. c.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended repo1ting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-lnsurcmce Requirements.for Design Professionals & Consultants Contracts Form Updated Feb. 2018 1 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 12/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL ICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: TRUENORTH COMPANIES LC r..t)g��o Ext): (888) 661-3938 I FAX (A/C, Nol: (877) 872-7604 PO BOX 1863 �DMDA��SS: service.center@travelers.com CEDAR RAPIDS, IA 524061863 (888) 661-3938 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS CASUALTY INSURANCE COMPANY OF A MERICA INSURED INSURER B: TRAVELERS PROPERTY CASUALTY CO MPANY OF A MERICA DAVID CARROLL ASSOCIATES, INC. INSURER C: 1569 SOLANO AVE PMB 186 INSURER D: BERKELEY, CA 94707 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 37618 4737431553 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDI SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NU MBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A A B -X COM MERCIAL GENERAL LIABILITY -OcLAIMS-MADE [Kl OCCUR -- GEN'L AGGREGATE LIMIT APPLIES PER: � POLICY DPRO-D JECT LOC OTHER: AUTO MOBILE LIABILITY ,--.X ANY AUTO OWNED ,--AUTOS ONLY AUTOSHIRED NON-OWNED -AUTOS ONLY §scseoo,rn AUTOS ONLY - 4 U MBRELLA LIAB �OCCUR EXCESS LIAB CLAIMS-MADE ,--OED lXJ RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ��§M1f>"ii�b� ��d6�ERATIONS below X X 680-70492158-18 12/12/2018 12/12/2019 EACH OCCURRENCE DAMAGE TO RENTED PREMISES /Ea occurrence\ MED EXP IAnv one oerson\ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG BA-OE335096-18 12/12/2018 12/12/2019 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per acci dent) PROPERTY DAMAGE (Per accident) CUP-9D422140-18 12/12/2018 12/12/2019 EACH OCCURRENCE AGGREGATE N/A I PER STATUTE I IOTH-ER E.L. EACH ACCIDENT E.L. DISEASE· EA EMPLOYEE E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) AS RESPECTS TO GENERAL LIABILITY, CITY OF CUPERTINO, ITS CITY COUNCIL, BOARDS AND COMMISSIONS, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS, VOLUNTEERS AND CONSULTANTS ARE ADDITIONAL INSURED -BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS, CG D1 05, BUT ONLY AS RESPECTS TOWORK PERFORMED BY THE INSURED. AS RESPECTS TO GENERAL LIABILITY, SUBROGATION AGAINST THE CITY OF CUPERTINO AND ITS CITY COUNCIL, OFFICERS, EMPLOYEES AND AGENTS HAS BEEN WAIVED PER CG D4 17. CERTIFICATE HOLDER CANCELLATION $1 000 000 $300,000 $5 000 $1,000,000 $2,000,000 $2,000,000 $ $1,000,000 $ $ $ $ $2,000,000 $2,000,000 $ $ $ $ CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 TORRE AVE CUPERTINO, CA 95014 I ACORD 25 (2016/03) THE EXPIRATION DATE THEREOF, NOTICE WILL ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1111 (t)tle/lfl!rfpJ BE DELIVERED IN © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC�0 DATE (MM/DD/YYYY) �-CERTIFICATE OF LIABILITY INSURANCE 01/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HARTFORD FIRE INSURANCE COMPANY 76250878 PHONE (877) 287-1316 'FAX (888)443-6112(AIC, No, Ext): (A/C, No): ONE HARTFORD PLAZA HARTFORD CT06155 E-MAIL ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# INSURER A: The Hartford Casualty Insurance Company 29424 INSURED INSURER B: DAVID CARROLL ASSOCIATES, INC. INSURER C: 1569 SOLANO AVE BERKELEY CA 94707 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY -D CLAIMS-MADE D OCCUR - GEN'L AGGREGATE LIMIT APPLIES PER: Fl POLICY D PRO-JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO DLOC ALL OWNED -SCHEDULED AUTOS AUTOS -HIRED -NON-OWNED AUTOS AUTOS -- UMBRELLA LIAB H OCCUR -CLAIMS-EXCESS LIAB MADE DEDI I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE [ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSR WVD IMM/DDIYYYYl /MM/DON YYYl EACH OCCURRENCE DAMAGE TO RENTED PREMl!';ES /Ea occurrence\ MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT I /Ea accident\ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE X IPER I STATUTE IOTH-ER E.L. EACH ACCIDENT $1,000,000 N/A X 76 WEG NH6666 01/01/2019 01/01/2020 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addition al Remarks Schedule, may be attached if more space Is required) Those usual to the lnsured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC040306, attached to this policy. CERTIFICATE HOLDER CANCELLATION The City of Cupertino its city council, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED officers, employees, and agents BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 10300 TORRE AVE IN ACCORDANCE WITH THE POLICY PROVISIONS. CUPERTINO CA 95014-3202 AUTHORIZED REPRESENTATIVE a�£Ct?..d� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THEi HARTFORD THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BL VD SAN ANTONIO TX 78251 The City of Cupertino its city council, officers, employees, and agents 10300 TORRE AVE CUPERTINO CA 95014-3202 Account Information: Policy Holder Details DAVID CARROLL ASSOCIATES, INC. January 16, 2019 •O"t Contact Us Business Service Center Business Hours: Monday -Friday (7 AM -7PM Central Standard Time) Phone: (877) 287-1316 Fax: (888) 443-6112 Email: agency.services@thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1.WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organiza tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that addi tional insured performed by you or for you. 2.With respect to the insurance afforded to Addi tional Insureds the following conditions apply: , a.Limits of Insurance -The following limits of liability apply: 1.The limits which you agreed to provide; or 2.The limits shown on the declarations, whichever is less. b.This insurance is excess over any valid and collectible insurance unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. 3.This insurance does not apply: a.on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b.to "bodily injury," "property damage," "per sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in cluding: 1.The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or ders, designs or specifications; and 2.Supervisory, inspection or engineering services. CG D10504 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 76 WEG NH6666 Endorsement Number: 3 Effective Date: 02/20/19 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DAVID CARROLL ASSOCIATES, INC. 1563 SOLANO AVE PMB 342 BERKELEY CA 94 707 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description The City of Cupertino its city council, officers, employees and agents Countersigned by -------------------- Form WC 04 03 06 (1) Printed in U.S.A. Authorized Representative Process Date: 02/20/19 Policy Expiration Date: 01/01/20 Exhibit E Labor Code Requirements 1.The following prevailing wage provisions apply to this Agreement. 1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Pait 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than cun-ent prevailing wage rates as determined by the California Department of Industrial Relations ("DIR") to all workers employed on this project as applicable. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project I Y2 the basic rate of pay for work perfo1med in excess specified hour limitations. The work perfo1med pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the perfo1mance of any work under this Agreement, unless cmTently registered and qualified to perf01m public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and wmrnnts that it is registered and qualified to perfo1m public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. 1.3 Posting. Contractor shall post at the job site the dete1mination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. 1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. 1.5 Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupe1tino City Hall, and shall be made available to any interested party upon request. 1.6 Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Info1mation relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Steve Young Chief Operating Officer David Carroll Associates Inc March 19, 2019