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19-176 J Marez Ocean Plumbing, Replacing Drinking Fountains at the Cupertino Sports CenterFIRST AMENDMENT TO AGREEMENT 19-176 BETWEEN THE CITY OF CUPERTINO AND J MAREZ OCEAN PLUMBING FOR CUPERTINO SPORTS CENTER – DRINKING FOUNTAIN REPLACEMENT This First Amendment to Agreement 19-176 between the City of Cupertino and J Marez Ocean Plumbing, for reference dated 4/30/2020, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and J Marez Ocean Plumbing, a Sole Proprietor (“Consultant”) whose address is 5508 Round Tree Drive, #D, Concord, CA 94521, and is made with reference to the following: RECITALS: A. On 10/14/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for replacing drinking fountains at the Cupertino Sports Center. The agreement will expire on 3/31/2020. B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Article 3, subsection 3.1, of the Contract, “Term” is modified as follows: This Contract begins on the Effective Date and ends on August 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 bonds that may be required. 2. The attached Exhibit A-A – Shelter in Place and Social Distancing is added as a provision to this Agreement. 3. 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. CONTRACTOR By Title Date CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Owner May 27, 2020 Heather M. Minner May 29, 2020 Service Center Superintendent Kirsten Squarcia 5/29/20 Revised: April 30, 2020 – Public Works Contracts 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of Appendix B-1 or B-2 (attached hereto) to the Health Order, as applicable. Further, as long as required by the operative Health Order including Appendix B-1 or B-2, or other Health Laws, these measures shall include, but are not limited to, the following best practices: 1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area. 2. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of Revised: April 30, 2020 – Public Works Contracts 2 breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention. a. Daily Screening. A supervisor must ask the following questions of each worker before the worker is permitted to enter the project site or work area each day, and a worker who responds "yes" to any one of the following questions must be asked to leave immediately and will not be permitted back on the project site or work area until cleared based on meeting the applicable requirements set forth in the CDC's Interim Guidance on Discontinuation of Home Isolation for Persons with COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in- home-patients.html): (1) Have you had any of the following symptoms within the past 14 days: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss or smell or taste, or any other flu-like symptoms? (2) Have you or anyone in your household been in contact with a person that has been diagnosed with, has symptoms of, or is being tested for COVID-19? (3) Have you been medically directed to self-quarantine due to possible exposure to COVID-19? 3. Signage/Posters. In compliance with the Health Order, post a Social Distancing Protocol, substantially in the form attached to the Health Order as Appendix A, at all project site or work area entry points, and in other areas where they are likely to be seen (e.g., project trailers, sanitary facilities, break areas). The Social Distancing Protocol must explain how Contractor is achieving compliance with social distancing requirements. Resources for this purpose are available from the CDC at: https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business- response.html A copy of the Social Distancing Protocol must also be provided to each employee performing work at the project site or work area. 4. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers. a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available. Revised: April 30, 2020 – Public Works Contracts 3 c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 5. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle. 6. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 7. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols. 8. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID-19, ensure that the affected workers are provided with appropriate personal protective equipment ("PPE"), which may include disposable gloves and/or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly. 9. Water and Food. Prohibit shared or communal food or common water coolers. Provide individual water bottles for workers or instruct workers to bring their own. 10. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance. Revised: April 30, 2020 – Public Works Contracts 4 F. Proof of Compliance. If Contractor is subject to Appendix B-1 of the Health Order, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). If Contractor is subject to Appendix B-2 of the Health Order, Contractor must provide to the City a copy of its Site-Specific Health and Safety Plan. Any changes to the COVID-19 supervisor or the Site-Specific Health and Safety Plan must be reported to the City immediately. E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual. F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. Attachments to Exhibit A-A Appendix B-1 to April 29, 2020 Health Order Appendix B-2 to April 29, 2020 Health Order 1228578.4 Appendix B-1 1 Small Construction Project Safety Protocol 1. Any construction project meeting any of the following specifications is subject to this Small Construction Project Safety Protocol (“SCP Protocol”), including public works projects unless otherwise specified by the Health Officer: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of 10 units or less. This SCP Protocol does not apply to construction projects where a person is performing construction on their current residence either alone or solely with members of their own household. b. For commercial projects, any construction, renovation, or tenant improvement project consisting of 20,000 square feet of floor area or less. c. For mixed-use projects, any project that meets both of the specifications in subsection 1.a and 1.b. d. All other construction projects not subject to the Large Construction Project Safety Protocol set forth in Appendix B-2. 2. The following restrictions and requirements must be in place at all construction job sites subject to this SCP Protocol: a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal-OSHA. If there is any conflict, difference, or discrepancy between or among applicable laws and regulations and/or this SCP Protocol, the stricter standard shall apply. b. Designate a site-specific COVID-19 supervisor or supervisors to enforce this guidance. A designated COVID-19 supervisor must be present on the construction site at all times during construction activities. A COVID-19 supervisor may be an on-site worker who is designated to serve in this role. c. The COVID-19 supervisor must review this SCP Protocol with all workers and visitors to the construction site. d. Establish a daily screening protocol for arriving staff to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exits to the jobsite. More information on screening can be found online at: https://www.cdc.gov/coronavirus/2019- ncov/community/index.html. e. Practice social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associated with the construction project. Appendix B-1 2 f. Where construction work occurs within an occupied residential unit, separate work areas must be sealed off from the remainder of the unit with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative entry/exit door to the entry/exit door used by residents. Available windows and exhaust fans must be used to ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times. g. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-use building in use by on-site employees or residents, separate work areas must be sealed off from the rest of the common areas with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/exit door to the building entry/exit door used by residents or other users of the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times. h. Prohibit gatherings of any size on the jobsite, including gatherings for breaks or eating, except for meetings regarding compliance with this protocol or as strictly necessary to carry out a task associated with the construction project. i. Cal-OSHA requires employers to provide water, which should be provided in single-serve containers. Sharing of any of any food or beverage is strictly prohibited and if sharing is observed, the worker must be sent home for the day. Use of microwaves, water coolers, and other similar shared equipment is prohibited. j. Provide personal protective equipment (PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. At no time may a contractor secure or use medical-grade PPE unless required due to the medical nature of a jobsite. Face coverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. k. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain six-foot social distancing and prohibit or limit use to ensure that six-foot distance can easily be maintained between individuals. l. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. m. Stagger trades as necessary to reduce density and allow for easy maintenance of minimum six-foot separation. Appendix B-1 3 n. Discourage workers from using others’ desks, work tools, and equipment. If more than one worker uses these items, the items must be cleaned and disinfected with disinfectants that are effective against COVID-19 in between use by each new worker. Prohibit sharing of PPE. o. If hand washing facilities are not available at the jobsite, place portable wash stations or hand sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple locations dispersed throughout the jobsite as warranted. p. Clean and sanitize any hand washing facilities, portable wash stations, jobsite restroom areas, or other enclosed spaces daily with disinfectants that are effective against COVID-19. Frequently clean and disinfect all high touch areas, including entry and exit areas, high traffic areas, rest rooms, hand washing areas, high touch surfaces, tools, and equipment q. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, phone number, address, and email. r. Post a notice in an area visible to all workers and visitors instructing workers and visitors to do the following: i. Do not touch your face with unwashed hands or with gloves. ii. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. iii. Clean and disinfect frequently touched objects and surfaces such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. iv. Cover your mouth and nose when coughing or sneezing, or cough or sneeze into the crook of your arm at your elbow/sleeve. v. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. vi. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum six feet at all times when not wearing the necessary PPE for working in close proximity to another person. vii. Do not carpool to and from the jobsite with anyone except members of your own household unit, or as necessary for workers who have no alternative means of transportation. viii. Do not share phones or PPE. s. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place: i. Immediately remove the infected individual from the jobsite with directions to seek medical care. ii. Each location the infected worker was at must be decontaminated and sanitized by an outside vendor certified in hazmat clean ups, and work in these locations must cease until decontamination and sanitization is complete. iii. The County Public Health Department must be notified immediately and any additional requirements per the County health officials must be completed, including full compliance with any tracing efforts by the County. Appendix B-2 1 Large Construction Project Safety Protocol 1. Any construction project meeting any of the following specifications is subject to this Large Construction Project Safety Protocol (“LCP Protocol”), including public works projects unless otherwise specified by the Health Officer: a. For residential construction projects, any single-family, multi-family, senior, student, or other residential construction, renovation, or remodel project consisting of more than 10 units. b. For commercial construction projects, any construction, renovation, or tenant improvement project consisting of more than 20,000 square feet of floor area. c. For construction of Essential Infrastructure, as defined in section 16.c of the Order, any project that requires five or more workers at the jobsite at any one time. 2. The following restrictions and requirements must be in place at all construction job sites subject to this LCP Protocol: a. Comply with all applicable and current laws and regulations including but not limited to OSHA and Cal-OSHA. If there is any conflict, difference or discrepancy between or among applicable laws and regulations and/or this LCP Protocol, the stricter standard will apply. b. Prepare a new or updated Site-Specific Health and Safety Plan to address COVID- 19-related issues, post the Plan on-site at all entrances and exits, and produce a copy of the Plan to County governmental authorities upon request. The Plan must be translated as necessary to ensure that all non-English speaking workers are able to understand the Plan. c. Provide personal protective equipment (PPE) specifically for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. At no time may a contractor secure or use medical-grade PPE, unless required due to the medical nature of a job site. Face coverings must be worn in compliance with the April 17, 2020 Guidance from the County of Santa Clara Public Health Department, available at: https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do.aspx#howto. d. Ensure that employees are trained in the use of PPE. Maintain and make available a log of all PPE training provided to employees and monitor all employees to ensure proper use of the PPE. e. Prohibit sharing of PPE. Appendix B-2 2 f. Implement social distancing requirements including, at minimum: i. Stagger stop- and start-times for shift schedules to reduce the quantity of workers at the jobsite at any one time to the extent feasible. ii. Stagger trade-specific work to minimize the quantity of workers at the jobsite at any one time. iii. Require social distancing by maintaining a minimum six-foot distance between workers at all times, except as strictly necessary to carry out a task associated with the project. iv. Prohibit gatherings of any size on the jobsite, except for safety meetings or as strictly necessary to carry out a task associated with the project. v. Strictly control “choke points” and “high-risk areas” where workers are unable to maintain minimum six-foot social distancing and prohibit or limit use to ensure that minimum six-foot distancing can easily be maintained between workers. vi. Minimize interactions and maintain social distancing with all site visitors, including delivery workers, design professional and other project consultants, government agency representatives, including building and fire inspectors, and residents at residential construction sites. vii. Prohibit workers from using others’ phones or desks. Any work tools or equipment that must be used by more than one worker must be cleaned with disinfectants that are effective against COVID-19 before use by a new worker. viii. Place wash stations or hand sanitizers that are effective against COVID-19 at entrances to the jobsite and in multiple locations dispersed throughout the jobsite as warranted. ix. Maintain a daily attendance log of all workers and visitors that includes contact information, including name, address, phone number, and email. x. Post a notice in an area visible to all workers and visitors instructing workers and visitors to do the following: 1. Do not touch your face with unwashed hands or with gloves. 2. Frequently wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. 3. Clean and disinfect frequently touched objects and surfaces such as workstations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. 4. Cover your mouth and nose when coughing or sneezing or cough or sneeze into the crook of your arm at your elbow/sleeve. 5. Do not enter the jobsite if you have a fever, cough, or other COVID- 19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. 6. Constantly observe your work distances in relation to other staff. Maintain the recommended minimum six-feet distancing at all times when not wearing the necessary PPE for working in close proximity to another person. 7. Do not share phones or PPE. Appendix B-2 3 xi. The notice in section 2.f.x must be translated as necessary to ensure that all non-English speaking workers are able to understand the notice. g. Implement cleaning and sanitization practices in accordance with the following: i. Frequently clean and sanitize, in accordance with CDC guidelines, all high-traffic and high-touch areas including, at a minimum: meeting areas, jobsite lunch and break areas, entrances and exits to the jobsite, jobsite trailers, hand-washing areas, tools, equipment, jobsite restroom areas, stairs, elevators, and lifts. ii. Establish a cleaning and decontamination protocol prior to entry and exit of the jobsite and post the protocol at entrances and exits of jobsite. iii. Supply all personnel performing cleaning and sanitization with proper PPE to prevent them from contracting COVID-19. Employees must not share PPE. iv. Establish adequate time in the workday to allow for proper cleaning and decontamination including prior to starting at or leaving the jobsite for the day. h. Implement a COVID-19 community spread reduction plan as part of the Site-Specific Health and Safety Plan that includes, at minimum, the following restrictions and requirements: i. Prohibit all carpooling to and from the jobsite except by workers living within the same household unit, or as necessary for workers who have no alternative means of transportation. ii. Cal-OSHA requires employers to provide water, which should be provided in single- serve containers. Prohibit any sharing of any food or beverage and if sharing is observed, the worker must be sent home for the day. iii. Prohibit use of microwaves, water coolers, and other similar shared equipment. i. Assign a COVID-19 Safety Compliance Officer (SCO) to the jobsite and ensure the SCO’s name is posted on the Site-Specific Health and Safety Plan. The SCO must: i. Ensure implementation of all recommended safety and sanitation requirements regarding the COVID-19 virus at the jobsite. ii. Compile daily written verification that each jobsite is compliant with the components of this LCP Protocol. Each written verification form must be copied, stored, and made immediately available upon request by any County official. iii. Establish a daily screening protocol for arriving staff, to ensure that potentially infected staff do not enter the construction site. If workers leave the jobsite and return the same day, establish a cleaning and decontamination protocol prior to entry and exit of the jobsite. Post the daily screening protocol at all entrances and exit to the jobsite. More information on screening can be found online at: https://www.cdc.gov/coronavirus/2019-ncov/community/index.html. iv. Conduct daily briefings in person or by teleconference that must cover the following topics: 1. New jobsite rules and pre-job site travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitation and hygiene procedures. 3. Solicitation of worker feedback on improving safety and sanitation. 4. Coordination of construction site daily cleaning/sanitation requirements. 5. Conveying updated information regarding COVID-19. Appendix B-2 4 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. v. Develop and ensure implementation of a remediation plan to address any non- compliance with this LCP Protocol and post remediation plan at entrance and exit of jobsite during remediation period. The remediation plan must be translated as necessary to ensure that all non-English speaking workers are able to understand the document. vi. The SCO must not permit any construction activity to continue without bringing such activity into compliance with these requirements. vii. Report repeated non-compliance with this LCP Protocol to the appropriate jobsite supervisors and a designated County official. j. Assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite, who at a minimum holds an OSHA-30 certificate and first-aid training within the past two years, who must be trained in the protocols herein and verify compliance, including by visual inspection and random interviews with workers, with this LCP Protocol. i. Within seven calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this LCP Protocol. The written assessment must be copied, stored, and, upon request by the County, sent to a designated County official. ii. If the JSAS discovers that a jobsite is not in compliance with this LCP Protocol, the JSAS must work with the SCO to develop and implement a remediation plan. iii. The JSAS must coordinate with the SCO to prohibit continuation of any work activity not in compliance with rules stated herein until addressed and the continuing work is compliant. iv. The remediation plan must be sent to a designated County official within five calendar days of the JSAS’s discovery of the failure to comply. k. In the event of a confirmed case of COVID-19 at any jobsite, the following must take place: i. Immediately remove the infected individual from the jobsite with directions to seek medical care. ii. Each location the infected worker was at must be decontaminated and sanitized by an outside vendor certified in hazmat clean ups, and work in these locations must cease until decontamination and sanitization is complete. iii. The County Public Health Department must be notified immediately and any additional requirements per the County health officials must be completed, including full compliance with any tracing efforts by the County. l. Where construction work occurs within an occupied residential unit, any separate work area must be sealed off from the remainder of the unit with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative entry/exit door to the entry/exit door used by residents. Available windows and exhaust fans must be used to ventilate the work area. If residents have access to the work area between workdays, the work area must be cleaned and Appendix B-2 5 sanitized at the beginning and at the end of workdays. Every effort must be taken to minimize contact between workers and residents, including maintaining a minimum of six feet of social distancing at all times. m. Where construction work occurs within common areas of an occupied residential or commercial building or a mixed-use building in use by on-site employees or residents, any separate work area must be sealed off from the rest of the common areas with physical barriers such as plastic sheeting or closed doors sealed with tape to the extent feasible. If possible, workers must access the work area from an alternative building entry/exit door to the building entry/exit door used by residents or other users of the building. Every effort must be taken to minimize contact between worker and building residents and users, including maintaining a minimum of six feet of social distancing at all times. Ocean Plumbing Amendment to Agreement Final Audit Report 2020-05-29 Created:2020-05-27 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAbjP9bWbsE6uvBmXr1WYsVOfArd8ijaVq "Ocean Plumbing Amendment to Agreement" History Document created by Julia Kinst (juliak@cupertino.org) 2020-05-27 - 0:37:29 AM GMT- IP address: 64.178.242.15 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2020-05-27 - 0:37:38 AM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-05-27 - 0:37:54 AM GMT - Time Source: server- IP address: 64.178.242.15 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-05-27 - 0:37:56 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-05-27 - 3:41:29 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Johnny Marez (oceanplum@msn.com) for signature 2020-05-27 - 3:41:32 PM GMT Email viewed by Johnny Marez (oceanplum@msn.com) 2020-05-27 - 4:17:52 PM GMT- IP address: 174.194.199.128 Document e-signed by Johnny Marez (oceanplum@msn.com) Signature Date: 2020-05-27 - 4:22:01 PM GMT - Time Source: server- IP address: 174.194.199.128 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-05-27 - 4:22:04 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-05-28 - 10:36:59 PM GMT- IP address: 45.41.142.21 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-05-28 - 10:37:34 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Carl Valdez (carlv@cupertino.org) for signature 2020-05-28 - 10:37:37 PM GMT Email viewed by Carl Valdez (carlv@cupertino.org) 2020-05-29 - 5:46:37 PM GMT- IP address: 104.47.45.254 Document e-signed by Carl Valdez (carlv@cupertino.org) Signature Date: 2020-05-29 - 5:47:33 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia 5/29/20 (kirstens@cupertino.org) for signature 2020-05-29 - 5:47:36 PM GMT Email viewed by Kirsten Squarcia 5/29/20 (kirstens@cupertino.org) 2020-05-29 - 5:57:43 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia 5/29/20 (kirstens@cupertino.org) Signature Date: 2020-05-29 - 10:44:29 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Araceli Alejandre (aracelia@cupertino.org), Julia Kinst (juliak@cupertino.org), cyrahc@cupertino.org, Heather M. Minner (minner@smwlaw.com), and 3 more 2020-05-29 - 10:44:29 PM GMT CITY OF PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract("Contract")is made and entered into on ("Effective Date")by and between the City of Cupertino,a municipal-corporation("City"),and J Marez Ocean Plumbing a Sole ProprietorshipJIndivid- ("Contractor")for replacing the drinking fountains at the Cupertino Sports Center, 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 March 31,2020 ("Contrast 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 tb 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$24350.00 , ("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 Cupertino Sports Center-Drinking Fountain Replacement Public Works Contract$60,000/Rev.4an.raF,-2019- Page 1 or i i L/ �� any incidental costs incurred.Contractor will be paid 95%of the undisputed amounts billed within 30 days after City receives a properly submitted invoice.Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status.Contractor is an independent contractor and not an employee of City.Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment.Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications.Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses.Contractor warrants on behalf of itself and its subcontractors that they are properly licensed,registered,and/or certified to perform the Work as required by law,and have procured a City Business License.Contractor shall possess a California Contractor's License in good standing for the following classification(s):C-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 Cupertino Snorts Center- Drinking Fountain Replacement Public Works Contract$60,000/Rev.Jan.02,2019 Page 2 of 11 _�>_ ; 8. PUBLICITY/SIGNS Any publicity generated by Contractor for the Project during the Contract Time,and for one year thereafter must credit City contributions to the Project.The words"City of Cupertino"must be displayed in all pieces of publicity,flyers,press releases,posters,brochures,interviews,public service announcements and newspaper articles.No signs may be posted or displayed on or about City property,except signage required by law or this Contract,without prior written approval fi-om the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces,except that Contractor may hire qualified subcontractors to perform up to a5 a/o 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 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project.The reports must describe the Work and specific tasks performed,the number of workers,the hours,the equipment,the weather conditions,and any circumstances affecting performance.City will have ownership of the reports,but Contractor will be permitted to retain copies. 10.2 If applicable,Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur.Actual locations to scale must be identified for all major 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 hi the final drawings of the Project.Deviations from the original drawings must be shown in detail,and the location of all main runs,piping,conduit,ductwork,and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work,in accordance with generally accepted accounting principles,which must be available for City review and audit,kept separate from other records,and maintained for four years from the date of City's final payment. Public works Project Cupertino Sports Center-Drinking Fountain Replacement Pubric Works Contract$60,0001Reu.daff.-02;=2�8-- Page 3 of 11 C — 11. MDEMNIFICATION 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,ofcials,employees,agents, servants,volunteers and consultants("Indemnitees"),through legal counsel acceptable to City,from and against any and all liability,damages,claims,stop notices,actions,causes of action,demands, charges,losses and expenses(including attorney fees,legal costs and expenses related to litigation and dispute resolution proceedings),of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract,obligations,representations or warranties; (b)Performance or nonperformance of the Work or of any obligations under the Contract by Contractor,its employees,agents,servants,subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site;and (d)Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision.Contractor must accept a tender of defense upon receiving notice from City of a third party claim,in accordance with California Public Contract Code Section 9201.At City's request,Contractor will assist City in the defense of a claim,dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price,Workers' Compensation or other employee benefits,or the insurance and bond coverage required in this Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract,a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements,attached and incorporated here as Exhibit B.Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City.City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type,amount,class of operations covered,and the effective and expiration dates of coverage.Failure to comply with this provision may result in City,at its sole discretion and without notice,purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation,or terminating the Contract. Public Works Project Cupertino Sports Center-Drinking Fountain Replacement Pebfic Works Conhact$6000/Rev.A&02,M Page 4 or 11 13. COMPLIANCE WITH LAWS 13.1 General Laws.Contractor shall comply with all laws and regulations applicable to this Contract.Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform.Contractor is responsible for verifying the employment status of employees performing the Work,as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775,which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification,or type of worker needed to perform the Work,including health, pension and vacation.The prevailing wage rates are on file with the City Engineer's office and are available online at hqp://www.dir.ca.gQv/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812,and electronically submit them to the Labor Commissioner as required by the regulations of California,Department of Industrial Relations ('DIR'�; (iv) Comply with DIR Monitoring,Enforcement and Registration requirements of i 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 j $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-bnmune Deficiency Syndrome(AIDS)or any other protected classification.Contractor shall comply with al I 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 Cupertino Snorts Center-Drinking Fountain Renlac ment Public Works Contract$60,000/Rev.Jan.0,2 2099_ Page 5 of r 1 13.4 Conflicts of Interest.Contractor,its employees,subcontractors,servants and agents,may not have,maintain or acquire a conflict of interest in relation to this Contract in violation of law,including Government Code section 1090 and Government Code section 81000 and their accompanying regulations.No officer,official,employee,consultant,or other agent of the City("City Representative")may have,maintain,or acquire a"financial interest"in the Contract,as that term is defined by state law,or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter.Contractor,its employees,subcontractors,servants and agents warrant they are not employees of City or have any relationship with City officials,officers or employees that creates a conflict of interest.Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity,as defined in section 18700 of the California Code of Regulations.Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments,requiring reimbursement,or terminating the Contract.City reserves all rights and remedies under the law and this Contract,including seeking indemnification. 14. BONDS For contracts of$25,000 or more,Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100%of the Contract Price,using the Bond Forms attached and incorporated here as Exhibit C.Each bond must be issued by a surety admitted in California,with a financial rating from A.M.Best Company of Class A-or higher,or as otherwise acceptable to City.if an issuing surety cancels a bond or becomes insolvent,Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City.If Contractor fails to do so,City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor,or terminate the Contract.City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES,TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert("USA")811 hotline and request marking of utility locations before digging or commencing Work.For underground service alerts for street lighting and traffic signal conduits,City's Service Center must be called at(408)777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104,Contractor must stop work,notify City in writing, and wait for instructions if one of the conditions below is found at the worksite.City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance,Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117,and which requires removal to a Class I,Class 11,or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor;and Public Woft Project Cupertino Sports Center- Drinking Fountain Rpolacement ----- PubNc Woft Conked$60,000IRev.Janes 02,2019 Page 6 of I I C (c) Unknown physical conditions at the Project worksite of any unusual nature,materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts$25,000 or higher that require excavation or involve trenches five feet or more in depth,Contractor must submit a detailed plan for City approval,per Labor Code Section 6705 prior to commencing work.The plan must show the design of shoring,bracing,sloping and other provisions for worker protection from caving ground and other hazards.The protective system must comply with all Construction Safety Orders.If the plan varies from shoring system standards,it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal,state and local laws and regulations concerning storm water management.Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading.If water is used for dust control,Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets,gutters and storm drains.Prior to the start of the Work,Contractor will implement erosion and sediment controls to prevent pollution of storm drains,and must upgrade and maintain these controls based on weather conditions or as otherwise required by City.These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work.Such controls must include,but will not be limited to,the following requirements; (a) Install storm drain inlet protection devices such as sand bag barriers,filter fabric fences,and block and gravel filters at all drain inlets impacted by construction.During the annual rainy season,October 15 through June 15,storm drain inlets impacted by construction work must be filter-protected from offite de-watering activities and saw-cutting activities.Shovel or vacuum saw-cut slurry and remove from the Work site; (b)Cover exposed piles of soil or construction material with plastic sheeting.Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets,gutters and storm drains prior to rain and at the end of each work day.When the Work is completed,wash the streets,collect and dispose of the wash water offsite in lawful manner; (d)After breaking old pavement,remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash,litter,and debris at the end of each work day and when Work is completed. Clean up any leaks,drips,and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks,local program guidance materials from municipalities,and any other applicable documents on stormwater quality controls for construction.Contractor's failure to comply with this Section will result in the issuance of noncompliance notices,citations,Work stop orders and regulatory fines. Public works Project Gunertino Snorts Center-Drinking Fountain Replacement Public Works Contract$60,000 A .Jan.02,2019---- Page 7 of 11 — 17. PROJECT COORDINATION City Project Manager.City assigns Ken Tanase as the City representative for all purposes under this Contract,with authority to require compliance with the Scope of Work.City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager.Subject to City approval,Contractor assigns Johnny Marez as its single representative for all purposes under this Contract,with the responsibility to ensure progress with the Work.Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work,consistent with the Scope of Work.Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time.Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work.With City's pre-approval in writing,the time spent in closing out the Work will be compensated up to 10%of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time.Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records j documenting the Work,products and deliverables completed.Nothing in the Section below is intended to delay,abridge or bar City's right under this Section. 19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California.Venue for any legal action shall be the Superior Court of the County of Santa Clara,California.The dispute resolution procedures of Public Contract Code Section 20104,incorporated here by reference,apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute.Prior to filing a lawsuit,Contractor must comply with the claim filing requirements of the California Government Code.If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action,files a complaint or crass-complaint,or pursues arbitration,appeal,or other proceedings to enforce its rights or a judgment in connection with this Contract,the prevailing party will be entitled to reasonable attorney fees and costs. Public works Project Cupertino Sports Center-Drinking Fountain Replacement Pubfrc works Contract$60,000/Rev.dan.02,,20�9_ _ 7-_7 PAge8oftl C r 21. SIGNS/ADVERTISEDS,NT 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. TBHM 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 flee from material defects not intrinsic in the design or materials.All Work,materials and equipment should pass to City',free of claims,liens or encumbrances.Contractor warrants the Work and materials for one year from"the date of City's acceptance of the Work as complete C 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. i 27. ENTIRE CONTRACT i This Contract and the attachments,documents,and statutes attached,referenced,or expressly i 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. SEVERMILITY/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 effect after the Work is completed or Contract ends. Public Works Project Cupertino Sports Center-Drinking Fountain Replacement Public Works Contract$60,0001.ev:Jan.02,2019 Page 9 of l i 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein.Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 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 I.Marez Ocean Plumbing Attention: I{en Tanase Attention: Johnny Marez Copy to: Carl Valdez Copy to: Email: kent(7cupertino.org Email: oceanplum(a),msn.com 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a)it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23,(b)is signed by the City Manager or an authorized designee,and(c)is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties.If Contractor is a corporation,signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Cupertino Snorts Cent -r-Drinklna Fountain Replacement Public Works Contract$60,000Moir.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 J.Marez Ocean Plumbing CITY OF CUPERTINO, a Municipal Corporation Sole Proprietorship/Ind, Vi By: rt— �it i_ee Title:Owner Title:Director of Public Works Signature Date: 0 Signature Date: APPROVED AS TO FORM: By: UV HEAT. .MINNER Cupertino City Attorney f ATTEST: c By: �� .tiJ0/tq""i'6Lt GRACE SCHMIDT,City Cleric Public works Project Cupertino Sports Center-Drinkina Fountain Reala ement Public Works Contract$60,000/Rev.Jan.02,2019 Page 11 of 11 J. Marez Ocean Plumbing Construction Cupertino Sports Center - Drinking Fountain Replacement Proposal Amount $ 22,350.00 Description Replace four(4) drinking fountains at Sports Center Account# 570-87-836-900-990 Proposal Amount Description Account# Allowance Amount Description Account# Unforeseeables/Extras SUBTOTAL $ 22,350.00 Contingency $ 2,000.00 CONTRACT TOTAL $ 24,350.00 PW Supervisor Ken Tanase UA ,`7 Carl Valdez-S Perin tn ent Date EXHIBIT "K P PH:(925)597-3227 Plumbing 6ld 82001 Aug/20/ 2019 J. MAREC/OCEAN PLUMBING CONSTRUCTION 5508 Round Tree Dr#D,Concord,CA 94521 Calif Uc:#695831 --------------------------------------------- To: Job; City Of Cupertino Cupertino Sport Center 10300 Torre Ave 21111 Stevens Creek Blvd Cupertino,Ca 95014 Cupertino,Ca 95014 Job Description;Install/provide 4 new Halsey Taylor hydro boost bottle filling station& Single vandal-resistant cooler. #1)Perform/Provide 3-Halsey Taylor Model#HTHB-HVRORN8-WF bottle filling station&drinking fountain with water filter, Interior building of Cupertino Sport Center, Two down stairs/One first level,Work to be perform at night after business hours. #2) Perform/Provide 1-Halsey Taylor Model HTHBHVR8-NF bottle filling station& drinking fountain with no water filter,Exterior of building of Cupertino Sport Center,Work to be perform at standard time. #3)Perform/Provide existing plumbing utility modify to accommodate for new. #4)Sheet-rock texture&taping/Painting,To be perform by City Of Cupertino. Total Job Cost Labor&Materials $22350.00 Thank You, In The Opportunity In Working With You;Always At Your Service!I J.M rem/-{man Plumbing Owner;Johnny Marez 08/20/2019 page 1/3 G�� Haley Taylor HydroBoost Vandal-Resistant Battle Filling Station & 0 All FIC r T 7 Single ADA Cooler Non-Filtered 8 GPH Stainless SPECIModel HTHBHVR8-NF PRODUCT SPECIFICATIONS ry, .`., Halsey Taylor HydroBoost®Vandal-Resistant Bottle Filling Station& Single ADA Cooler Non-Fltered 8 GPH Stainless..Chilling Capacity of r 8,0 GPH(gallons par hour)of 50•F drinking.water,basedon.861 F inlet w water and 901 F ambient,per ASHRAE 18 testing.Features-ghali Include Green Counter"",LerninarF1ow,Real Drain;Vandal Resistant. Furnished with Vandal Resistant bubbler,Electronic Bottte,Filler Button With Mechanical Front Bubbler Button activation.Prod4tc shall be Wall Mount(On Wall),for Indoor+Outdoor applications,serving 1 station(s). w�4 Unit shall be certified to UL 399 and CAN/CSA C22.2 No.120.Unit f i j shall be lead-free design which is certified to NSF/ANSI 61&372,(tead ILNI,...i free)and meets Federal and State low-lead requirements. }mot 3 Special Features: Green Counter"",Laminar Flow;Real Drain,Vandal Resistant ° Finish: Stainless Steel Power:. 115V/piOHz Is}C\ Bubbler Style: Vandal Resistant ■ Activation by: Electronic.Bottte Filler Button With AMERICAN PRIDE.A 1lFETIME TRADITION. 1�.16..fi Mechanical Front Bubbler Button Like your family,the Frey rarilly has values and traditions that Mounting Type: Wail MountOn Wa11 endure.For almoda century,Fllay has boon a family-owned and Chilling Option*: 8.0GPH operetedcompany,provldingthousendsollobslhataupponou farmW and conlmurdtles, Rated Load Am 1 Bt s Included with Product; Water Cooler(CLR-HTHBHVRB-NF), Dimensions L x W x H; 1$"x 1i3-5/$"x 38-13/16"ated Watts: Bottle Filter(HVRHTHB-NF)Approx.Shipping Weight: 85 lbs. V Ships to multiple boxes. Installation Location: Indoor+Outdoor PRODUCT COMPLIANCE No,of Stations Served: 1 ADA&[CC Al17.1 *Based on 80'F Inlet water&90°F ambient air temp for 5V Fxhllled ASMJ,A;112.19.31CSA B45.4 drinking water. 'Buy American Act • Mechanically-Activated bubbler continuesto supptyv6ater in CANICSA C22.2 N0.120 event of service disruptions. GreenSpec® l • Green Counter: informs user of number of 20 oz plastic water bottles saved from waste. NSFIANSI 61&372(lead tree) • Laminar flow provides clean fill with minimal Splash. UL 399 • Real Drain System eliminates standing water, a .� � GreenSpec COOLING SYSTEM t rsreo • Compressor: Hermetically-sealed,reciprocating type, intertak. C " ` * .6� • 1 single phase. Seated-in lifetime lubrication. Complies With ADA&ICCAl17.1accessloillyrequeemenis when Installed • Condenser. Fan cooled,co er tube with aluminum according to the requirements outlined In these standards.Installation may pp require eddihonalcomponents and/orcenslrucllon features to be fully fins. Fan motor Is permanently lubricated. compliant.Consutl the local Aulhodty Having Jurisdlcl on it necessary. • Cooling Unit Combination tube-tank type. Continuous copper tubing with is fully insulated with EPS foam that Insta(lati0n instructions(PDF) meets UL requirements for self-extinguishing material, • Refrigerant Control: Refrigerant R-1 34a is controlled by 5 Year Limited Warranty on the refrigeration system of the unit. accurately calibrated capillary tube: Electrical components and water system are warranted for 12 months • Temperature Control: Easily accessible enclosed from date of installation. Warranty pertains to drinking water adjustable thermostat is factory preset. Requires no applications only. Non-drinking water applications are not covered under warranty, PART: QTY T V Warrarty(PDF) PROJECT:- CONTACT: OPTIONAL ACCESSORIES HWF3000-WaterSeriby Plus Filter Kit(Bottler Fliers DATE: MLP100-Accessory-In Wall Carrier (Single)for single EZ,LZ, NOTES:_ EMABF,LMABF,VRC LVRC models APPROVAL: 98324C-Accessory-Cane Apron for MAC,HVR,EMAB &VRC Models Stainless In to eping with our policy of continuing product improvement,Halsey Taylor reserves the right to change product specifications without notice.Please visit Halseytaylor..com for the most current version of Halsey.Taylor product specification sheets.This specification descrites a Holsay Taylor product with design, quality,and functional benefits to the user,When making a comparison of other producers'offerings,he certain these features are not overlooked. Halsey Taylor REV 07182019 2222 Camden Court A ©2019 Page 1 I-?THBHVR8-NF Oak Brook,iL 60523 ttr� aR� 3 HTHBHVR$-NF spec.pdf EXH I BIT "A" Halsey Taylor HydroBoost Bottle Filling Station rewenO &Single Vandal-Resistant Cooler SPECIFICATIONS High Efficiency Filtered 8 GPH Stainless Model HTHB-HVRGRN8-WF PRODUCT SPECIFICATIONS Halsey Taylor HydroBoost®Bottle Filling Station,&Single Vandal- Resistant Cooler,High Efficlency Filtered 8 GPH Stainless.Chilling Capacity of 8.0 GPH(gallons per hour)of 50"F drinking water,based lave-c t a f n on 80*F Inlet water and 90"F ambient,per ASHRAE 18 testing. Features shall include Sanitary Sensor Activated,Visual Filter Monitor, S` Filtered,High Efficiency,Green Counte(",Laminar Flow,Antimicrobial, Real Drain,Vandal Resistant.Furnished with Vandal Resistant SmartFlow TMr bubbler.Electronic Bottle FillerSansor With Mechanical Front Bubbler Button activation.Product shall be Wall Mount(On Wall), for Indoor applications,serving 1 staticn(s).Unit shall be certified to UL w ' 399 and CANICSA C22.2 No.120.Unit shall be lead-free design which Is certified to NSFIANSI 61&372(lead free)and meets Federal and State low-lead requirements, Special Features: Sanitary Sensor Activated,Visual Filter Monitor,Filtered,High Efficiency, Green Counter"M,Laminar Flow, Antimicrobial,Real Drain,Vandal Resistant AMERICAN PRIDE,A LIFETIME TRADITION. Finish: Stainless Steel Llke your family,the EAray fomily has values and Amd1i lons:hat endure.For almost a century,EHray has bean a fendry-owned end Power. 115V150Hz operated company,providing thoueands of lobs thot support our Bubbler SE le: Vandal Resistant SmartFlow r" famillas and communlllas. Activation by: Electronic Bottle Filler Sensor With included with Product- Water Cooler(8253080783-HTHB), Mechanical Front Bubbler Button Filter, Mounting T pa: Wall Mount On Wall) Bottle Filter(HTHB-HAG) Chilling Option*: 8.0 GPH V Ships in multiple boxes. Full Load Amps 5.5 PRODUCT COMPLIANCE Rated Watts: 260 A ADA&ICC 117.1 Dimensions L x W x : 18-1116"x 18-5/8"x 39-3I4" ASME ICCAll A 97.1 B45.4 Approx.Shi in Weight: 891bs. installation Location: Indoor Buy American Act No,of Stations Served: 1 CANICSA C22.2 No.120 *Based on 60"F Inlet water&90"F ambient air temp for 50*F chilled GreenSpadv drinking water. NSF/ANSI 42,53,61,&372(lead free) a Mechank ally-Activated bubbler continues to supply water in UL 399 event of service disruptions. • Touchless,sensor-activation,designed for easy use. fw# �a'YC@i1, 8C`Visual Filter Monitor: LED Fitter Status indicator for when filter usrco "'change is necessary. tntertek A �.e SWIM • Filter is certified to NSF 42 and 53 for lead,particulate, compiles wllbADA&IccAi17A accesslbltty requirements when tnstatied chlorine,taste and odor reduction.3,000 gal.capacity, accordrequire additional to the requirements outlined in Use standards.Installation may 91 components and/or construction features to be fully • High-performance compressor and insulation greatly reduce compliant.Consuit the 1=1 Aulhority Having Jurisdiction If necessary. energy consumption. Installation Instructions(PDT • Green Counter: Informs user of number of 20 oz.plastic water bottles saved from waste. 5 Year Limited Warranty on the refrigeration system of the unit. • Laminar now provides clean fill with minimal splash. Electrical components and water system are warranted for 12 months from date of installation. Warranty pertains to drinking water applications only, Nan-drinking water applications are not PART: CITY: applications under warranty. PROJECT: Warranty(PDF) CONTACT: DATE: NOTES: APPROVAL: In keeping with our policy of continuing product Improvement Halsey Taylor reserves the right to change product specifications without notice.Please visit Halseyleylorcom for the nrost current version of Halsey Taylor product sprecificaflon shoots.This specification describes a Halsey Taylor product with design, quality,end funatlonal beneftls to the user.When making a comparison of otherproducers,offerings,be certain these features are not overlooked. Halsey Taylor REV 07182019 2222 Camden Court 0 2019 Page 1 HTHB-HVRGRN8-WF Oak Brook,IL 60523 �� HTHB-HVRGRN8 WF spec.pdf PUBLIC`WORKS C'ONMUCT.XON CONTRACTS' ?Sall Projects= $60,000 _ _ ` InsuranceRequirement� Exhbitl3: Contractor shall procure and maintain for the duration of the contract,and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability(CGL): Insurance Services Office(ISO)Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability 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 ( 1 coverage, with limits of at least$2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal lnjury,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 c� 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 Iimits 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 D1R. 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. I& N/A if box checked(Contract is not designlbuild). 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. NIA if box checked(Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts-$60,000 Version:Jan.2019 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. X 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: I 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 1 of Contractor including materials,parts,or equipment furnished.Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 1185 or if not available,through the addition of loth CG 20 10,CG 20 26,CG 20 33, or CG 20 38;and CG 20 37 if a later edition is used. 1 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/Exeess Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory"basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled,except with notice to the City.Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled or allowed to expire without at least 30 days advance written notice to City,unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City.Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage,which shall name the City as a loss payee,as its interest may appear.The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100%completed value basis on the insurable portion of the Project,with no coinsurance penalties,and for the benefit of City.If the Project does not involve new or major reconstruction,City may elect,acting in its sole discretion,to accept an Installation Floater policy instead of Builder's Risk. For such projects,the Property Installation Floater shall include improvement,remodel,modification,alteration,conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building,structure,machinery or equipment damaged,impaired,broken,or destroyed during the performance of the Work,including during transit,installation,and testing at the City's site. Insurance Requirements for Construction Contracts-$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 subrogation in favor of the City for all work performed by the Contractor,its employees,agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,and each insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language,effecting coverage required by this contract.All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete,certified copies of all required insurance policies,including endorsements,required by these specifications,at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein,and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 0413. 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 AC oR" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD1YYYY) 01/3"1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNAME:OME: Pacific Pro's Insurance Pacific Pro's Insurance Agency AHCNNo Ext: 714-909-0755 FAX No 8840 Warner Ave Suite 100A E-MAIL kini@pacificptosins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Fountain Valley CA 92708 INSURERA: AmTrUst Intl Und,Ltd-AA1780074 Y.\t INSURED INSURER B: National Union fire Ins Co of Pitts '19445 Johnny Marez INSURERC: Integon National Insurance Co J 7 29742 DBA: J Marez Ocean Plumbing INSURERD: 5508 Roundtree Dr Apt D INSURER E: Concord CA 94521-3921 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMDDIYYYY MM DD WYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000—, DAMAGE TO RENTED CLAIMS-MADE X OCCUR �- PREMISES(Ea orcurrence) $ I OQ000 ME EXP(Any one person) $ 5,000 A X X XN107964501 02/07/2019 02/07/2020 ERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2,000,000 X FRO- 2,000,000 POLICY ,ACT LOC PRODUCTS-COMP/OFAGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 / Ea accident ANY AUTO / BODILY INJJRY(Perperson) [ OWNED Ix SCHEDULED X X 200610210201 02/07/2019 02/07/2020 ODILYINIURY(Peraccident) $ AUTOS ONLY AUTOS X HIRED NON-OMED PROPERTYDAMAGE $AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR CH OCCURRENCE $ 2,000,000 B X EXCESS LIAR CLAIMS-MADE EBU018299095 02/07/2019 02/07/2020 AGGREGATE $ 2,000,000 DIED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- STATUTE AND EMPLOYERS'LIABILITY YIN ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFF]CERlM EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.LDISEASE-EAEMPLOYEE $ If ves,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: Insured's operations in California City of Cupertino,including its City Council,boards and commissions,officers,officials,agents,employees,consultants and Volunteers are additional insured with respects to General Liability and Auto. Primary Wording and Waiver of Subrogation applies as per the attached endorsements. *Subject to the policy terms,exclusions&conditions* CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ken@cupertino.org ACCORDANCE WITH THE POLICY PROVISIONS. 10555 Mary Avenue Cupertino CA 95014 AUTHORIZED REPRESENTATIVE Rhonda Holt I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XN107964501 COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: XN107964501 Endorsement Effective: 02/07/19 12:01 a.m. Named Insured: Counter Signed By: JOHNNY MAREZ J MAREZ OCEAN PLUMBING a SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or Agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury" or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than services, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed: or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words"you"and"your" refer to the Named Insured shown in the Declarations. NX GL 189 05 11 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. D. The following are added to SECTION V—DEFINITIONS: "Your work"means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. E. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording With respect to the Third Party shown above,this insurance is primary and non-contributing.Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you underwritten contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. 2. Waiver of Subrogation If required by written contract or agreement:We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of"you work"done under a contract with that person or organization. NX GL 189 05 11 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission Policy 200616-2-1-0-2--01 Discounts Applied Policy Level Business Experience Package Discount Important Notice Our Company offers multiple programs in California to eligible insureds. A lower rate or better coverage may be available to you. If you are a member of an association and would like your policy reviewed to assure you are receiving the best possible rate, please contact your agent or our call center at 1-877-468-3466. Additional Policy Information Additional Insured City Of Cupertino 10555 Mary Ave, Cupertino, CA 95014 Tier 8 Disclosure of Possible Additional Charges The amounts below are authorized for use in this state. However, they are only charged if they apply to your policy. Acquisition Expense $20.00 Additional Insured Charge $25.00 Additional Insured Charge-Blanket $1,000.00 CA Vehicle Assessment and Fraud $1.76 Fee Cancellation Charge $10.00 Convenience Fee $5.00 Federal Filing Fee $75.00 FR Filing Charge $25.00 Late Charge $10.00 Nonsufficient Funds Charge $25.00 Reinstatement Charge- Federal Filing $75.00 Reinstatement Charge- No Federal $25.00 Filing U IIA Fee $75.00 Waiver of Subrogation $25.00 Waiver of Subrogation-Blanket $1,000.00 Forms and Endorsements Endorsement Edition 10141 01012014 10146 01012014 10149 01012014 10150 01012014 10039CA(06012014) Integon Indemnity Corporation This Endorsement Applies Only If Form Number 10141 (01012014) Appears on the Declarations Page. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED All the provisions of this Policy apply except as modified by this endorsement. Any coverage afforded under PART A> LIABILITY COVERAGE of this Policy for a covered auto shall also apply to the individual or organization listed on the Declarations Page as an additional insured subject to the following provisions: 1. We will pay compensatory damages for which the additional insured is legally liable due to bodily injury or property damage caused by an accident arising out of the operation of an auto covered under PART A> LIABILITY COVERAGE. We will pay under this endorsement only if those damages arise out of the acts or omissions of an insured as defined under PART A and then only to the extent of that liability. 2. The designation of an additional insured on the Declarations Page shall not increase our limits of liability under PART A of this Policy. 3. We also agree with you that insurance provided by this agreement will be excess insurance over any other applicable insurance, self-insurance or bond. 4. All language in the LIMITS OF LIABILITY section of this Policy referencing a permissive operator is deleted. Integon National Insurance Company This Endorsement Applies Only If Form Number 10379 (01012014) Appears on the Declarations Page. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION All the provisions of this Policy apply except as modified by this endorsement. Policy No.: 2006102102 Effective: 2/7/2018 (12:01 A.M.) This endorsement is issued to: Johnny Marez GENERAL PROVISIONS OUR RIGHT TO RECOVER PAYMENT section will not apply to: City Of Cupertino 10555 Mary Ave Cupertino, CA 95014 Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I,the undersigned,declare as follows: I am an independent contractor and the owner of �NU� I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code,which requires every employer to provide Workers' Compensation coverage for employees ui accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have,pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. n Executed on this z 3day of Kµ 2019,at o«�CaJ�. ,California. P E SIGNATURE Revised 1.01.19 41 Declaration of Sole Proprietorship DECLARATION AND 4DDENDUM TO AFL C N CTS ENTERED INTO OR BID AWARDED TO: - ! G(a�vi } (,ttyt ereinafter"Organization" For the purpose of inducing the City of Cupertino("City")to enter into any contracts with Organization,or to go forward with any contracts awarded to Organization,I declare as follows: I am the authorized representative of Organization,an independent contractor for the purposes of workers'compensation and labor laws in the State of California.This Organization will hire no employees for work required for any bid awarded or any contract entered into with the City. All work required will be performed personally and solely by me. If the Organization hires employees to perform this contract or any portion thereof,the Organization shall obtain workers'compensation insurance and provide proof of such coverage to the City. If the Organization hires a subcontractor to perform this contract or any portion thereof,and the subcontractor has employees,then the Organization shall require its subcontractor to obtain workers'compensation insurance coverage.In the alternative,the Organization shall obtain workers'compensation insurance coverage on behalf of the subcontractor's employees. This document constitutes a declaration by the Organization against its financial interest, relative to any claims that it may assert under the applicable workers'compensation and/or labor laws against the City relating to any bid awarded or contract entered into with this Organization.The Organization shall defend,indemnify and hold harmless the City from any and all liability,claims,demands,causes of action,charges,damages,injuries,fees including attorney fees,costs and expense that may be asserted or established by any person or entity in the event the Organization hires an employee in violation of this addendum. I agree that this declaration shall constitute an addendum to any bid awarded or any contract entered into with this Organization. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. AUTHORIZED RESPRESENTATIVE Revised, 01.01,19 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 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. 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 of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. 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 offipeT 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 1 i I g� N I 1