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19-172 Burr Plumbing and Pumping, Inc., Miscellaneous Plumbing Work for City Facilities
CITY OF PUBLIC WORKS CONTRACT 10 $60,000 OR LESS CUPERTINO 1. PARTIES Aa This public works contract("Contract") is made and entered into on("Effective Date")by and between the City of Cupertino,a municipporation("City"),and Burr Plumbing and Pumping Inc. a Corporation ("Contractor")for miscellaneous plumbing work for City facilities 2. SCOPE OF WORK Contractor will perform and provide all labor,materials,equipment,supplies,transportation and any other items or work necessary to perform and complete the work required for the Project("Work"),as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term.This Contract begins on the Effective Date and ends on December 31.2020 ("Contract Time")unless terminated earlier as provided herein.Contractor's Work shall begin on the date shown on a written Notice to Proceed("NTP")and must be fully completed within the Contract ± Time or on the date specifically provided in the Notice to Proceed.The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time,resources,and qualified staff to deliver the work on time. 3.3 Liquidated damages of$200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments.Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities,and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation.City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$60,000.00 ("Contract Price"), for all of Contractor's direct and indirect costs,including all labor,materials, supplies,equipment,taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments.Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor,materials,equipment and Public Works Project Miscellaaeous Plumbing Work at City Facilities Public Works Contra d$64000 Nev.Jan.02,2019 Page I of I i i i i any incidental costs incurred.Contractor will be paid 95%of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. RMPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment.Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed,registered,and/or certified to perform the Work as required by law,and have I procured a City Business License.Contractor shall possess a California Contractor's License in good standing for the following classification(s):C-36 which must remain valid for the entire Contract Time, 5.4 Subcontractors.Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor,and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools,Materials and Equipment.Contractor will supply all tools,materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes.on the money earned under this Contract. Upon City's request,Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor.Contractor's request for a change order must specify the proposed changes in the Work, Contract Price,and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings,detailed cost estimates,and impacts on schedule and completion date. 7. ASSIGNMENTS: SUCCESSORS Contractor shall not assign,hypothecate,or transfer this Contract or any interest therein, directly or indirectly,by operation of law or otherwise, without prior written consent of City.Any attempt to do so will be null and void.Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval,which shall not be unreasonably withheld.Control means fifty percent(50%)or more of the voting power of the business entity.This Contract is binding on Contractor,its heirs,successors and permitted assigns Public Works Project Miscellaneous Plumbina Work at City Facilities Pubic Works Contract$60,000Rev.Jan.02,2019 Page 2 of I 1 8. PUBLICITY/SIGNS Any publicity generated by Contractor for the Project during the Contract Time,and for one year thereafter must credit City contributions to the Project.The words"City of Cupertino"must be displayed in all pieces of publicity, flyers,press releases,posters,brochures, interviews,public service announcements and newspaper articles.No signs may be posted or displayed on or about City property,except signage required by law or this Contract,without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces,except that Contractor may hive qualified subcontractors to perform up to 25 %of the Work,provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project,if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor,Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that 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 20.1 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 1 of workers,the hours, the equipment, the weather conditions,and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. I0.2 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; HVAC systems;utilities and utility connections;and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail,and the location of all main runs,piping,conduit, ductwork,and drain lines trust be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles,which must be available for City review and audit,kept separate from other records,and maintained for four years from the date of City's final payment. Public works Project Miscellaneous Plumbing Work at City Facilities Public Works Contract$60,000/Rev.Jan.02,2019 Pago 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law,and except for losses caused by the sole and active negligence or willful misconduct of City personnel,Contractor shall indemnify,defend, and hold harmless City, its City Council,boards and commissions,officers,officials,employees,agents, servants,volunteers and consultants("indemnitees"),through legal counsel acceptable to City, from and against any and all liability,damages,claims,stop notices, actions,causes of action,demands, charges, losses and expenses(including attorney fees,legal costs and expenses related to litigation and dispute resolution proceedings),of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations,representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees,agents,servants,subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcingthis provision. Contractor must accept p pa tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201.At City's request, Contractor will assist City in the defense of a claim,dispute or lawsuit arising out of this Contract. I 11.3 Contractor's duties wider this entire Section are not limited to Contract Price,Workers' j Compensation or other employee benefits,or the insurance and bond coverage required in this Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. i 1.1.4 Contractor's payments maybe deducted or offset to cover any money the City lost due to a 1 claim or counterclaim arising out of this Contract,a purchase order or other transaction. 12. INSURANCE 1 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 ProlwA Miscellaneous Plumbing Work at City Facilities Public Works Contract$60,000 Rev.Jan.02,2019 Pap 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws.Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the Iaw or other conditions that may affect the Proiect or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work,as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: ' (i) Prevailing wage laws under Labor Code Section 1775,which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification,or type of worker needed to perform the Work,including health, pension and vacation.The prevailing wage rates are on file with the City Engineer's office and are available online at httpJ/www.dir.ca.aov/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 1.812,and electronically submit them to the Labor Commissioner as required by the regulations of California,Department of Industrial Relations («DIW»); (iv) Comply with DIR Monitoring,Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers Who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861,by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws.Contractor shall not discriminate on the basis of race,religious creed, color, ancestry,national origin, ethnicity,handicap, disability,marital status,pregnancy,age,sex, gender,sexual orientation,gender identity, Acquired-Immune Deficiency Syndrome(AIDS)or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135,and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination,Contractor understands that harassment and discrimination directed toward a job applicant,an employee,a City employee, or any other person,by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Miscellaneous Plumbing Work at Citv Fadlities Public Works Contract$60,000/Rev.Jan.02,2019 Page 5orll 13.4 Conflicts of Interest. Contractor, its employees,subcontractors, servants and agents,may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations.No officer,official,employee,consultant,or other agent of the City("City Representative")may have,maintain,or acquire a"financial interest" in the Contract,as that term is defined by state law,or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter.Contractor,its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials,officers or employees that creates a conflict of interest.Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity,as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments,requiring reimbursement,or terminating the Contract.City reserves all rights and remedies under the law and this Contract, including seeking indemnification. i 14. BONDS For contracts of$25,000 or more,Contractor must obtain a payment bond and a performance bond, II each in the penal sum of 100%of the Contract Price,using the Bond Forms attached and incorporated here as Exhibit C.Each bond must be issued by a surety admitted in California,with a financial rating from A.M.Best Company of Class A-or higher,or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent,Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City.If Contractor fails to do j so,City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor,or terminate the Contract.City will not execute the Contract nor issue the NTP until the required bonds are submitted. I 15. UTH ITIES,TRENCIIING AND EXCAVATION I 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 with work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance,Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117,and which requires removal to a Class 1,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 worksitc made available to Contractor;and Public Works Project Miscellaneous PluMbina Work at City Facilities Public Works Contract$60,000 Rev.Jan.02,2099 Page 6 of I I (c) Unknown physical conditions at the Project worksite of any unusual nature,materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts$25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval,per Labor Code Section 6705 prior to commencing work.The plan must show the design of shoring,bracing, sloping and other provisions for worker protection from caving ground and other hazards.The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards,it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control,Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets,gutters and storm drains. Prior to the start of the Work,Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City.These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the I Work. Such controls must include, but will not be limited to,the following requirements: I (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences,and block and gravel filters at all drain inlets impacted by construction.During the annual rainy season,October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets,gutters and storm drains prior to rain and at the end of each workday.When the Work is completed,wash the E streets,collect and dispose of the wash water offsite in lawful manner; i (d) After breaking old pavement,remove debris to avoid contact with rainfall/runoff, (e) Maintain a clean work area by removing trash, litter,and debris at the end of each work day and when Work is completed. Clean up any leaks,drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities,and any other applicable documents on stormwater quality controls for construction.Contractor's failure to comply with this Section will result in the issuance of noncompliance notices,citations, Work stop orders and regulatory fines. ( j I t Public works Project Miscellaneous Plumbing Work at City Facilities P'ubfrc Worms Contract$60,000/Rev.Jan.02,2019 Page 7 of 11 it 17. PROJECT COORDINATION City Project Manager.City assigns Ken Tanase as the City representative for all purposes under this Contract,with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Mark Burr as its single representative for all purposes under this Contract,with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work,consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION ! 18.1 City may abandon or postpone the Project or parts therefor at any time.Contractor will be i compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work.With City's pre-approval in writing,the time spent in closing out the Work will be compensated up to 10%of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid ! for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work,products and deliverables completed.Nothing in the Section below is intended to delay,abridge or bar City's right under this Section. 19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara,California.'T'he 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 ding requirements of the California Government Code.If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include j detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint,or pursues arbitration,appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract,the prevailing i party will be entitled to reasonable attorney fees and costs. I Public works Project Miscellaneous Pubfrc Works CoMract$60,000 Rev.Jan.02,2019 Page 8 of I I 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. TI RtD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision.City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new,of good quality,and free from defective workmanship and materials,and that the Work will be free from material defects not intrinsic in the design or materials.All Work,materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's 1 acceptance of the Work as complete("Warranty Period"),except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract.During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. s 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/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal,invalid or unenforceable,the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities,payment obligations,insurance and bonds, shall remain in full force and erect alter the Work is completed or Contract ends. Public works Project Miscellaneous Plumbing Work at City Facilities Public Works Corgmact$60,000/Rev.Jan.02,2019 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein.Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions,titles,and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. } 20. NOTICES All notices,requests,and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery;the date confirmed by a reputable overnight delivery service,on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified,or the next business day following electronic submission: To City of Cupertino: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 Burr Plumbing and Pumping hic. Attention: Ken'r -�_ Attention: Mark sun _ Copy to: Carl Valdez Copy to: victoria Vasquez - Email: lGent(a?cupertino.oria Email: mark(a bp2inc.com;victoriaCu7bo2 .co 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a)it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23,(b)is signed by the City Manager or an authorized designee,and(c) is approved for form by the City Attorney's Office. I 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation,signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public worsts project Miscellaneous Plumbing Work at City Facilities Pubtic Works Contrad$60,000%Reu Jan.02,2019 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 Burr Plumbing and Pumping CITY OF CUPERTINO, Inc. a Municipal Corporation Corporation By: — — By: < / Title:Vice President Title: Director of Public Works Signature Date: Signature Date: /U I APPROVED AS TO FORM: By: HEATHER M.MINNER Cupertino City Attorney j ATTEST: j By: GRACE SCHMIDT,City Clerk Public Works Project Miscellaneous Plumbing Work at City Facilities Public Works Contract$60,000/Rev.Jan.02,2019 Page i 1 of l l I !1 AII BURR PLUMBinc PROPOSAL No. 9740a 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A,C36, MJ21 Proposal submitted to: City of Cupertino Date Submitted: 08-26-2019 Description: General Plumbing Upgrades & Repairs Phone Number: 408-655-9624 Job Name: Street: 10555 Mary Ave. Job Location: At Customer's Direction City, State, ZIP: Cupertino, CA 95014 Job Phone: Fax Number: Cell Phone: E-Mail: Kent@cuQertino.org Contact: Ken Tanase We hereby submit specifications and estimates to perform general plumbing repairs and upgrades as directed by City of Cupertino staff. Scope of Work: 1. Perform general plumbing repairs and upgrades as directed by City of Cupertino staff. All work to be performed during regular, overtime or double time work hours as required by the DIR for the classification of work performed. Regular Time: $180.00 per hour. Overtime: $270.00 per hour Double Time: $320.00 per hour. Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees, as required, will be additional. 3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Wall, ceiling, flooring, framing and surface finish repairs. 6. Responsibility for any existing or other systems and work not directly related to our work 7. Responsibility for any electrical, plumbing, drains, fire sprinkler and/or controls not expressly included in this proposal. 8. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 9. Any unknown or unforeseen circumstances. L-- I 1 I P <_ c _. Burr Plumbing & Pumping, Inc. Initial_ PROPOSAL B U R R PLUMBInG n No. 9740a 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A,C36, D21 We Propose to hereby furnish material and labor— in accordance with above specifications For the sum of: (NTE) Sixty Thousand Dollars ($60,000.00) NTE Payment to be made as follows: Payment due upon completion of scope of work Burr Plumbing & Pumping, Inc. Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS'STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING--IF THE TOTAL PRICE OF THE JOB IS$500 OR MORE(INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION. The services to be provided by Burr Plumbing & Pumping, Inc. DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: ompany: 2 1 P a g e Burr Plumbing & Pumping, Inc. Initial F=\/H I RII 114�1- PROPOSAL BURR PLUMBInG No. 9740a 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A,C36, D21 Conditions of Proposal 1. Allowing Burr Plumbing&Pumping,Inc.("Burr")to commence work or preparation for work constitutes acceptance by you of this Proposal and all its terms and conditions. Quotations herein, unless otherwise stated,are for immediate acceptance and are subject to change. 2. BURR shall be paid monthly progress payments,or as outlined in this proposal. if progress payments are provided in this proposal,on or before the 10th day of each month for the value of the work completed plus the value of materials and equipment suitably stored less the aggregate of previous payments made to BURR. Final payment shall be made within 30 days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to the project site. 3. Back charges shall not be considered valid unless contained in a writing signed by BURR before the work is executed. 4. All sums not paid when due shall bear interest at the rate of 1%%per month from the due date until paid or the maximum legal rate permitted,whichever is less;all costs of collection, including the actual attorney's fees and costs incurred by BURR,the actual expert fees incurred by BURR and costs as defined by the California Code of Civil Procedure shall be paid by Owner or its representatives. 5. If Owner or its representative fail to make a payment to BURR as provided herein, BURR may stop work without prejudice to any other remedy it may have. 6. Owner or its representative is to prepare all work areas to accept the work of BURR under the contract. BURR will not be called upon to start work until sufficient areas are ready to insure that BURR may continue to work until completed. 7. After acceptance of this Proposal, BURR shall be given a reasonable time in which to make delivery of materials,equipment and labor and to complete its work under this Proposal. BURR shall not be liable for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to delays caused by the owner,general contractor, architect and/or engineers,armed conflict,acts of terrorism or economic dislocation resulting therefrom, embargos,shortages of labor,equipment or materials,production facilities delays or transportation delays, labor difficulties, civil disorder of any kind,the actions of civil or military authorities,vendor priorities and allocations,fires,floods,accidents and acts of God. 8. All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. This warranty is in lieu of all other warranties,express or implied, including any warranties of merchantability or fitness for a particular purpose. BURR will not be responsible for special, incidental or consequential damages and shall not be responsible for damage to its work occasioned by other parties. Any repair work necessitated by damage caused by others directed by the Owner or its representatives to be performed will be considered extra work. BURR's responsibility for damage or loss in transit ceases upon delivery in good condition to a public carrier. 9. Work called for herein is to be performed during BURR's regular working hours. Overtime rates will be charged for all work performed outside such hours as an extra cost to Owner or its representative. 10. All materials shall be furnished in accordance with the respective industry tolerances for variation in color,thickness, and size,finish,texture and performance standards. 11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor, BURR may file a mechanic's lien,stop notice,payment bond claim or other claim on its own behalf in the event that any payment due to BURR is not made as and when provided for in the terms of this Proposal. 12. The subcontract form used between BURR and Owner's General Contractor will be the A401 subcontract,then current, as published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and this Proposal,or when the contract documents between Owner and its General Contractor conflict with the terms of this Proposal,then this Proposal shall govern. 13. Owner or its representative shall furnish all temporary site facilities,including suitable covered storage facilities and hoisting as required at no cost to BURR. 14. Owner and its representative, including its General Contractor,shall make no demand for liquidated or delay damages in any sum which may exceed any such sum specifically provided for in this Proposal,and no liquidated damages may be assessed against BURR for delays or causes attributable to other contractors or arising outside the scope of this Proposal. 15. Owner or its representative, including Owner's General Contractor,shall purchase and maintain property insurance upon the full value of the entire work and/or materials to be supplied which shall include the interest of BURR. Owner or its representative, including Owner's General Contractor shall furnish to BURR evidence that it has named BURR as an additional insured on said policy of insurance in an amount of no less than$1 million. 3 -' g e Burr Plumbing & Pumping, Inc. Initial AMENDMENT TO EXHIBIT A OF THE A YRE EMENT BETWEEN THE CITY QE CUPERTINO AND JIURR PL MEIN G AND PUMPING N .. ,EOR MISCELLANEOUS PLUM[Nf;WORK AT CITY FACILITI� This Amendment to Exhibit A of the Agreement between the City of Cupertino and Burr Plumbing and Pumping Inc,for reference dated 8/16/2019,is by and between the CITY OF CUPERTINO, a municipal corporation(hereinafter"City")and Burr Plumbing and Pumping Inc., a Corporation("Consultant")whose address is 1645 Almaden Road, San Jose, CA and is made with reference to the following: RECITALS: A. On 8/16/2019,an agreement was entered into by and between City and Consultant (hereinafter "Agreement")for miscellaneous plumbing work at City facilities. The agreement will expire on 12/31/2020. B. The Agreement and the Amendment to Exhibit A 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. R NOW,THEREFORE,it is mutually agreed by and between and undersigned parties as follows: I 1. Exhibit A is amended to add the following provision: To the extent any term,clause,or provision of this Exhibit A conflicts with any other term,clause, or provision of the contract ("Contract Terms")the Contract Terms shall prevail and be controlling. 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. CONSULT n/ RECOMMENDED-F APPRO}YAL B �'' l, k� 6�/livr,�i� By �,d�J Title chess APPROVED AS TO FORM c City Attorney A T: City Clerk PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects - $60,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LEMT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations,vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction,and personal and advertising injury.If a general �, �► aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO CG j � 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be(1)the minimum coverage/limits specified in this agreement;or(2)the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory,"will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 0104 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability:ISO Form CA 00 01 covering any auto(Code 1),or if Contractor has no owned autos,then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than$1,000,000 per accident for bodily injury or disease,or as otherwise required by statute.If Contractor is self-insured,Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ❑ N/A if box checked(Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim,and$2,000,000 aggregate. X N/A if box checked(Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. MA N/A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 1 { 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain,the following provisions: Additional Insured Status The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available,through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project,Contractor's insurance coverage shall be"primary and non-contributory"and at least as broad as ISO CG 20 01 0413 with respect to City,its officers,officials,employees and volunteers,and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory"basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled or allowed to expire without at least 30 days advance written notice to City,unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, j for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance i penalties,and for the benefit of City.If the Project does not involve new or major reconstruction,City may elect,acting in its sole discretion,to accept an Installation Floater policy instead of Builder's Risk. For such projects,the Property j 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. I Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City.Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of 1 subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,and each insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. I Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements,required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents.The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary.If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements,based on the nature of the risk,prior experience,insurer,coverage, or other circumstances. Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 3 +1 BURRP-1 OP ID: JV ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 08/2 612 01 9Y) �--� o8�2s/2o1 s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Bozzuto 8r Associates Insurance NAME: Lisa Malvido 34 S.Second St ,VC,No.Ext:800-989-8712 ONE FAX No): 408-429-8460 Campbell,CA 95008 ADDRESS:Linda Ellis SS: Lisam@dbinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of CT 25682 INSURED Burr Plumbing and Pumping,Inc 1645 Almaden Rd INSURER B:Travelers Property Casualty Co J 25674 San Jose,CA 95125 INSURER C:Oak River Insurance Company 34630 INSURER D:Oak River Insurance Company a4452 INSURER E:Homeland Insurance Company of A._ 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 TYPE OF INSURANCE ADDL SUER POLIC POLICY EXP LTR POLICY NUMBER MM/DDY EFF MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE I—XI OCCUR X X C09N12388A 08/31/2019 08/31/2020 DAMAGE 10 RENTIED PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER, GENERALAGGREGATE $ 2,000,00 POLICY N PRO- JECT D LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY EOa aBINEDISINGLE LIMIT $ 1,000,00 B X ANY AUTO X X 8109M98589A 08/31/2019 08/31/20d BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIREDAUTOS NON-OWNED PROPERTY DAMAGE $ Per accident $ X UMBRELLA LIA13 X OCCUR EACH OCCURRENCE $ 5,000,000, B EXCESS LIAR CLAIMS-MADE CUP9N12521A 08/31/2019 08/31/2020 AGGREGATE $ 5,000,00 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY / X STATUTE I I ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/" X BUWCO20505 ✓ 09/01/2019 09/01/2020 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED' N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 A Property C09N12388A 08/31/2019 08/31/2020 BPP 56,27 D Pollution 793-00-42-64-0003 08/31/2019 08/31/2020 Liability 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Miscellaneous Plumbing Work at City Facilities The City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants are named as additional insured per attached endorsements. Insurance is primary and non- contributory per attached endorsements. Waiver of Subrogation applies *CONT* CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p ACCORDANCE WITH THE POLICY PROVISIONS. 10555 Mary Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYCUP BURRP-1 PAGE 2 INSURED'S NAME Burr Plumbing and Pumping, Inc OP ID:JV Date 08/26/2019 to General Liability, Auto Liability and Workers Compensation coverage per the attached endorsements. Policy# C09N12388A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II—WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveyingservices, including: written contract or agreement to include as an additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury' caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications;and agreement is in effect;and (b) Supervisory, inspection, architectural or b. If, and only to the extent that, such injury or engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury' or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subjecttothefollowing provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum (1) Give us written notice as soon as practicable limits required by the written contract or of an "occurrence" or an offense which may agreement, the insurance provided to the y additional insured will be limited to such result in a claim. To the extent possible, such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence' minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section III — Limits Of Insurance, or offense. b. The insurance provided to such additional (2) If a claim is made or "suit' is brought against insured does not apply to: the additional insured: CG D2 46 0419 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit"and the date received; and claim or "suit' to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit"as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit", and otherwise Other Insurance, of Section IV—Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage'; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a.and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by,through or on behalf of: aircraft,"autos"or watercraft; (i) Another insurance company, (iv) That is insurance available to a premises owner, manager or (ii) Us or anyof our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II— Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies;or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III— equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Section II — Who Is An Insured, Occurrence Limit Of Liability And Non except when Paragraph d. below Cumulation Of Personal And Advertising Injury applies. Limit endorsement is included in this policy, (b) Any of the other insurance, whether (ii!)Any risk retention group;or primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any"suit"if anyother insurer has a duty to defend the insurer means a provider of other insurance. As insured against that "suit". If f e other used in Paragraph C. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance,we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any,that exceeds the any of the other insurance is also primary. sum of: Then,we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c.bellow, insurance would pay for the loss in the e)cept when Paragraph d.below applies. absence of this insu rance;and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk shown in the Declarations of this Coverage similar coverage for"your work";; Part CG T1 00 0219 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability—Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership,joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION 11—WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORQATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: a. You are the sole owner of, or maintain an The following is added to SECTION 11—WHO IS AN INSURED: ownership interest of more than 50% in, such subsidiary on the first day of the policy period; Any governmental entity that has issued a permit and or authorization with respect to operations b. Such subsidiary is not an insured under performed by you or on your behalf and that you similar other insurance. are required by any ordinance, law, building code or written contract or agreement to include as an No such subsidiary is an insured for"bodily injury' additional insured on this Coverage Part is an or "property damage" that occurred, or "personal insured, but only with respect to liability for"bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury"arising out of such operations. a. Before you maintained an ownership interest The insurance provided to such governmental of more than 50% in such subsidiary; or entity does not apply to: b. After the date, if any, during the policy period a. Any "bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50%in such subsidiary. operations performed for the governmental For purposes of Paragraph 1. of Section II—Who entity;or Is An Insured, each such subsidiary will be b. Any "bodily injury' or "property damage' deemed to be designated in the Declarations as: included in the "products-completed operations hazard". CG D3 16 0219 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the insured. definition of "occurrence" in the 5. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed in providing "Incidental medical services" means: or failing to provide "incidental medical services", first aid or "Good Samaritan a. Medical, surgical, dental, laboratory,x-ray services" to a person, unless you are in or nursing service or treatment, advice or the business or occupation of providing instruction, or the related furnishing of professional health care services. food or beverages; or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6. The following is added to Paragraph 4.b., of providing professional health care services, Excess Insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury" arising out of CONDITIONS: providing or failing to provide: This insurance is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis,that assistant, emergency medical technician is available to any of your "employees" for or paramedic;or "bodily injury" that arises out of providing or (b) First aid or "Good Samaritan services" by failing to provide"incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section II — Who Is An volunteer doctor. Any such "employees" Insured. or"volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan services" during their work hours for you The following is added to Paragraph 8., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. If the insured has agreed in a contract or 3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph 5. of SECTION III — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Limit, all related because of: acts or omissions committed in providing or a. "Bodily injury" or "property damage" that failing to provide "incidental medical occurs; or services", first aid or "Good Samaritan services"to any one person will be deemed to b. "Personal and advertising injury" caused by be one"occurrence". an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY—RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury' or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or C. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract" in the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following replaces the definition of"premises premises is rented to you, if you rent such damage" in the DEFINITIONS Section: premises for a period of seven or fewer "Premises damage" means"property damage"to: consecutive days. CG D3 16 0219 ©2017 The Travelers Indermity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: 810 9M98589A COMMERCIALAUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE —INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE —GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION IkCOVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section 11. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION 14- COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II —COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material oflnsurance Services Office,Inc.with its permission. COMMERCIALAUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured of SECTION II —COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee"of yours is an "insured"while us- "insured" will make any settlement ing a covered"auto"you don't own,hire or borrow without our consent. in your business or your personal affairs. (iii)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II —COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage"to which tions) required because of an "accident' this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II —COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered"auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to 'loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of 'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE —GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE —INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident' or 'loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or 'loss" is known TION III —PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES —INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee" authorized by you to give no- AGE: tice of the"accident'or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered"auto'of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for 'loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the"accident'or"loss" (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material oflnsurance Services Office,Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY VVCS8041OC (Ed. O1-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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 ororganization named in the Schedule. (This agreement applies only to the extent that you perform work under written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of2Y6to the total manual promium, with e minimum initial charge of $350. then applying all other pricing factors for the policy to this calculated charge tu derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior toadjustments) All CAOperations 640.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 09/01/2019 po|icYw».: BUYVCO20505 — Endorsement No.: Insured: Pnamium$ Insurance Company: Oak River Insurance Company Countersigned by xvC800410C A EXHIBIT 46C9 Bond No. Bd 764522 Payment Bond The City of Cupertino("City")and Burr Plumbing&Pumping,inc. ("Contractor")have entered into a contract, dated August 16 20 19 ("Contract")for work on the < Misc. Plumbing Work for City Facilities >Project("Project"). The Contract is Incorporated by reference into this Payment Bond ("Bond") 1. General. Under this Bond. Contractor as principal and Nationwide Mutual Insurance Company its surety("Surety"),are bound to City as obliges in an amount not less than $ 60,000.00 , under California Civil Code sections 9550,et seq. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors,under Califomia Unemployment Insurance Code section 13020,with respect to the work and labor,then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give aright of action to those persons or their assigns In any suit brought upon this Bond.Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials,and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. S. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Nationwide Mutual Insurance Company _ Address: 1100 Locust Street, D1-5E-2006 City/StatelZip: Des Moines, IA 50391 Phone: 866-367-0457 Fax: - Email: bondspero@nationwide.com S. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued In the Superior Court of Santa Clara County in which the Project Is located, and no other place. Surety will be responsible for City's attorneys'fees and costs in any action to enforce the provisions of this Bond. Miscellaneous Plumbing Work at City Facilities PAYMENT BOND Page 1 EXHIBIT "C" 7. Effective Date; Execution. This Bond is entered into and is effective on September 23 20 19 SURETY: Nationwide IVIUIuaI Insurance Company Business Name s/ Josh Severson,Attorney-in-Fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Burr Plumhing Inc. BUSine ame s/ c Name/Title T See Attached Notary Acknn...ledgment Certifict►ta s/ Name/Title END OF PAYMENT BOND SEE ATTACHMENT FOR OFFICIAL NOTARIZATION Miscellaneous Plumbing Work at City Facilities PAYMENT BOND Page 2 +r .� . �. ` � 1, �r .. `�_ ti/` `ate: `�� .�. ,.�; , r � , .. 1 �'- r. . .. .. :a . is , � , [.�� _ � _ I CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On,Std` figC ��d2019 before me, Jason Boughner, Notary Public were insert name and ium of the officer) personally appeared SG� .SPti'CZSD/( who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ei-lly JASON BOUGHNER WITNESS my hand and offici I seal. Colalf.#2254015 NOTARY PUBLIC•CALIFORNIASAN Dreo t1OUNIf Cotud.EXP.AUG. Notary P Ic Sigma e (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM AD NAL OPTIONAL INFORMATION Titisformcomplieswith current Calfornia statutes regarding notmy wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,,should be completed and attached to the document.Acknowledgments from other states may be completer)for documents being sett to that state so long y 1 _ la the wording does not require the Galifornicr notary to violate California Holm lm }+ r� v. ' (Title or description of a ached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. a • The notary public must print his or her name as it appears within his or her Number of Pages �2 Document Date / a3 l commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect ferns(i.e. Wshc4e5-is/a-e)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording, ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seat impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number ofpages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses,com 800-873-9865 Securely attach this document to the signed document with a staple. : CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT 0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of On 2 i) 2,,:.,l before me, B. Nguyen,Notary Public ,personally appeared Name&Title of Officer urV - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. B• NGUYEN qMNCTARYCOMM # 2282232 PUBLIC•CALIFORNIACOUNTY OF SANTA CLW Y CCYN.UP.NAR.22,Z1Y13'� Signature (Seal) Signature oro,"I'u Optional Information=====--=============------ Document Identification: Name/Type 1^v i t C_ 13 ►- (Title or Description of Attached Document) Document Date: ° � ) I Number of Pages: +Lvc> ip 4 �.----- Additional Information: Journal Entry#: Signer Information Capacity Claimed by the Signer: Individual kCorporate Officer: Title e • Partner Attorney-in-Fact Trustee Other Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: Josh Severson Jill DeRohertis Stephen G.Sanker La Mesa,CA each in their individual capacity,its true and lawful attorney-in-Fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of Ten Million and 00/100 $10,000,000 and to bind the Company thereby,as fully and to the same extent as if such Instruments were signed by the duty authorized officers of the Company:and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be.and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company! "RESOLVED FURTHER,that such atlomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the pourer of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument.or other papers of the Company. - IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 2-7 x day of Febfuar4.2019. Antonio C.Albanese,Vice President of Nationwide Mutual Insyrsns_e Corn �jr ACKNOWLEDGMENT R - N. ArtSTATE OF NEW YORK,COUNTY OF NEW YORK:ss v ` On this 27n'day of February.2019,before me came the above-named officer for the Company SEAL:* aforesaid,to me personally known to be the officer described in and who executed the preceding ` '•,,:'�""^:; l instrument,and he acknowledged the execution of the same,and being by me duty sworn,deposes 1,rotjjP and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the \ate corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said Instrument by the authority and direction of said Company. _ svramo C.D.R. Nolsry poblit,Stale 0 New No.0200126649 ,���,•�L_i .�/ ,i�' �, oua6ned in westtMner C.-ty Commioh,l!>pbo September 16,2011 NourY Yvak MI CYrrnVlMYe lrO+rr l6gember 16,!fill CERTIFICATE I,Laura B,Guy,Assistant Secretary of the Company,do hereby certify that the foregoing Is a full,true and correct copy of the original power of attorney Issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of thelaards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the.for=going.ggvor.of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said-Instrumeril by^He authority of said board of directors;and the foregoing power of attorney is still in full farce and effect. -. -- IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporatf.seat,of,said Company1his 23rd day of September 2019 \ - Assistant SecrafbN BDJ 1(02.19)00 y - V�f�Jam.%Y:�`n•4�1\,v+1+ 1 .- EXRIBIT "C" Bond No. Bd 764522 Performance Bond The City of Cuperllno 'Cily")and Burr Plumbing&Pumping,Inc. ("Contractor") have entered into a contract, dated ugu 11 ,20 ('Contract")for work on the < Misc. Plumbing Work fQ[City Facilities > Project("Project"). The Contract is incorporated by reference Into this Performance Bond("Bond"). 1. General. Under this Bond, Contractor as Principal and Nationwide Mutual Insurance Company its surety("Surety"), are bound to City as obligee for an amount not less than$ 60,000.00 By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns,jointly and severally,to the provisions of this Bond. 2. Surety's Obligations;Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon recordation of the notice of completion, provided Contractor has timely provided a warranty bond as required under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract Surety waives the provisions of Civil Code sections 2819 and 2846. 3. Application of Contract Balance. Upon making a demand on this Bond,City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision,the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits,or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default, Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor,with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense;or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 5. Surety Default. If Surety defaults on Its obligations under the Bond,City will be entitled to recover all costs it incurs due to Surety's default, including legal,design professional,or delay costs. 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Nationwide Mutual Insurance Compaq Address: 1100 Locust Street, D1-5E-2006 City/State/Zigs Des Moines IA 50391 Phone: 0-00 Fax: 866-508-4104 Email: bondspero atanationwide.com Miscellaneous Plumbing Work at City Facilities PERFORMANCE BOND Page 3 L;XII[BIT "C" 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located, and no other place. Surety will be responsible for City's attorneys'fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond Is entered into and effective on September 23 2019 . SURETY: Nationwide Mutual Insp-ytnce Company Business Nam s/ Josh Sev on, Attorney-in-Fact Name/Title[print] (Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: I3urr Plumbing & Pumping. Inc. Busi Name s/ ss-- Name/Title t s/ Ackno e Attached Notary gment Certificate Name/Title END OF PERFORMANCE BOND i SEE ATTACHMENT FOR ' O FFICIAL 'OT RI7 T ON i i i E Miscellaneous Plumbing Work at City Facilities PERFORMANCE BOND Page 4 i . .. _. .. , . . , ,. . ._ .. . .. _ . . r ,, ...T_, t; �`� � • \ . ^� r ^� �`_ ^;,s, _ :. ;.._ _ CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of �j,r,,,�i�► G�c On before me, B. Nguyen,Notary Public ,personally appeared �!, Name&Title of Officer 1=Y" '✓'—t Y lam— , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. >� B. NGUYfN .� ; Comm.#2282232 e a NOTARY Pteuc•cawFONNu N COUNTY OF SANYA CWtA °�' MY Comm.ESP.MAR,22,2o23'' Signature Y (Seal) Signature of Publi —=_-----_____-- ===Optional Information—====------- Document Identification: Name/Type (Title or Description of Attached D9}cument) Document Date: Z` _Lam`_ Number of Pages: o i Additional Information: / Journal Entry#: Z Signer Information Capacity Claimed by the Signer: Individual Corporate Officer:Title Pry y,`G� �° Partner t Attorney-in-Fact Trustee Other •s 01YUCIA .8 ABUk�iR4R9•]IJp.'�Tv'rAYOl1 a-.:}� CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the trt.lthft.11ness, accuracy, or validity of that document. State of California } County of San Diego } On before me, Jason Boughner, Notary Public / ( ere Insert name an t e o 1 e o Iceri personally appeared 03 SP✓el"so✓l who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o eal. OMN � JASON BOt1GHNER COMM.#2254015OTARY PUaIIC•CAl1FORNIA'Iul'uu WuNI r v c"'.EXP.AUG.14,2022 Notary P lic Signat (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM AD AL OPTIONAL INFORMATION Thisformcomplieswith current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary ��l/'7 A(&"g LL /L� Inv. (fitie or description of attache document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages� R Document Date J? t'1 commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual insurance Company,an Ohio corporation hereinafter referred to severally as the"Company'and collectively as-the Companies"does hereby make,constitute and appoint: Josh Severson Jill DeRobertis Stephen G.Sanker La Mesa,CA each in their individual capacity,Its true and lawful attomey-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,In penalties not exceeding the sum of Ten Million and 00/100 $10,000,000 and to bind the Company thereby,as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby Is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer Ltae •:d2y ofF-ebruan%2019. Antonio C.Albanese,Vice President of Nationwide Mutual Insure ;Comp7n -— ACKNOWLEDGMENT I STATE OF NEW YORK,COUNTY OF NEW YORK:ss J%� On this 27'"day of February,2019,before me came the above-named offieerfor--the Cofnpany SEAL�,� aforesaid,to me personally known to be the officer described In and who ezecf,fedfhe preceding "r'`":, instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes ,,mijy�iN�• and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said Instrument by the authority and direction of said Company. Sutumn[.7eGo Notary purdk,State of New Vad 17 GueMotd in WtP<1lesler County i/ Cnmm6lio.E.Ph..September 16.loll NOUryEuaIN 6M C-1...E..... Sepember 16.2021 CERTIFICATE 1.Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing Is a full,true and correct copy of the original power of attorney Issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of-the bud, s of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the-foregbtrlg_puwr afattorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said-instrument Iiiytheluthority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,t have hereunto subscribed my name as Assistant Secretary,and affixed the corpomfg sea(6(said Cornpanyt6= 23rd day of Seplemher 2019 _ - Assistant.Secretary — BDJ 1(02.19)00 _ - ` .. .mil J' :JY�r�13 �♦ - .. Exhibit 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 Part 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 current 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 1 %the basic rate of pay-for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial j 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 performance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform 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 determination 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. j i 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 Cupertino 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 j of the Contractor to effectuate compliance on the part of itself and any f subcontractors with the requirements of said sections in the employment of apprentices. Information 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. ��c � �� 1.7 Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 1090602.1 I I I i i l I ' i i i Ji I Burr Plumbing and Pumping Inc. Miscellaneous Plumbing Work for City Facilities Proposal Amount $ 60,000.00 Description Miscellaneous plumbing work at City facilities. Account# unencumbered Proposal Amount Description Account# Allowance Amount Description Account# Unforeseeables/Extras SUBTOTAL $ 60,000.00 Contingency CONTRACT TOTAL $ 60,000.00 PW Supervisor Ken Tanase Carl Valdez-Superintendent Date