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20-055 Statcomm, Inc., Fire Suppression Testing and Maintenance at City FacilitiesPublic WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 1 of 12 PUBLIC WORKS CONTRACT $60,000 OR LESS 1.PARTIES This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and , a (“Contractor”) for and is effective on the last date signed below (“Effective Date”). 2.SCOPE OFWORK 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. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and incorporated as Exhibit A-A. 3.TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on (“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 issuea 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. The Director of Public Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds. 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 $ 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 $ Statcomm Inc.Corporation fire suppression testing and maintenance at City facilities. January 31, 2022 200.00 60,000.00 Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 2 of 12 (“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 any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work as complete. 5.INDEPENDENTCONTRACTOR 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 qualificationsandskillstoperform the Workin a competentand professional mannerand 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, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor’s License in good standing for the following classification(s): , 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 Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this C16 Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 3 of 12 Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 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. 8.PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9.SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to % 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 the Public Contract Code. 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 fifteen (15) days after City accepts the Work if the Contract involves work by subcontractors. 10.RECORDS AND DAILYREPORTS 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 25 Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 4 of 12 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 in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City’s final payment. 11.INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a)Breach of contract, obligations, representations or warranties; (b)Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c)Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d)Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in 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 11 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. Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 5 of 12 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Contract. 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. 13.COMPLIANCE WITHLAWS 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)The following provisions apply to contracts of $1,000 or more: (i)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. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (ii)Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract 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. Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 6 of 12 (iii)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. (iv)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. (v)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. (vi)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 offices. (vii)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. EContractor must compensate workers who are paid less than prevailing wages or required towork more than a legal day’s work. Contractor will also be required to pay City a penaltyof $ per worker for each day of violation. FAs required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance inaccordance with the provisions of that code, and I will comply with such provisions beforecommencing the work of thiscontract.” 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. 200.00 Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 7 of 12 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 nor do they 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 Title 2 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 (7) 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, ANDEXCAVATION 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 theContract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a)Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b)Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev. Sept. 2019 Page 8 of 12 (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 RUNOFFMANAGEMENT 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 followingrequirements: (a)Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b)Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c)Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water 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. Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 9 of 12 17.PROJECTCOORDINATION City Project Manager. City assigns 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 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 ANDTERMINATION 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 ten percent (10%) of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City’s right under this Section. 19.GOVERNING LAW, VENUE AND DISPUTERESOLUTION 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, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20.ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Ken Tanase Karl Blum Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 10 of 12 21.SIGNS/ADVERTISEMENT No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract, without City’s prior written approval as to size, design and location. 22.THIRD PARTYBENEFICIARIES 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. 24. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 25. ENTIRECONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling. 26. SEVERABILITY/PARTIALINVALIDITY 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. 27. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public WorksProject: Public Works Contract $60,000 /Rev.$SULO Page 11 of 12 28. 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. 29. 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. 30. 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. 31. 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 (5th) 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: $WWHQWLRQ: Email: To Contractor: $WWHQWLRQ: Email: 32. 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. &RS\WR &RS\WR 10300 Torre Ave., Cupertino CA 95014 Statcomm Inc. Karl Blum kblum@statcomm.com Ken Tanase Carl Valdez kent@cupertino.org Fire Suppression System Testing and Repairs at City Facilities 2020-21 Public Works Project: Public Works Contract $60,000 /Rev. April 2020 Page 12 of 12 33.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. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CITY OF CUPERTINO, a Municipal Corporation By: __________________________________ Roger Lee Title: Public Works Director Signature Date: _________________________ CONTRACTOR By: __________________________________ Title: _________________________________ Signature Date: _________________________ APPROVED AS TO FORM: By: HEATHER M. MINNER Cupertino City Attorney ATTEST: By: KIRSTEN SQUARCIA, City Clerk Date: Wm R Wood CFO / Treasurer May 22, 2020 Heather M. Minner Roger S. Lee May 29, 2020 May 29, 2020 NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 1 of 8 Fire Systems & Life Safety Test & Inspection Agreement This agreement is entered into this _______ day of _______________, 20 20 by and between Statcomm Inc.; hereinafter referred to as “Company”, and, City of Cupertino hereinafter referred to as “Customer”. 1. DESCRIPTION OF SERVICES PROVIDED: Company agrees to provide the following testing and inspection services as hereinafter set forth for Customer and located at: CUSTOMER CONTACT INFORMATION: Customer: City of Cupertino Address: 10555 Mary Ave. City, State, Zip: Cupertino, CA 95014 Phone: 408.777.3111 Contact: Ken Tenase Email: kent@cupertino.org CUSTOMER INSPECTION LOCATION(S) (if different than above): Customer: City of Cupertino Proposal / Contract: 22848 Address: 10555 Mary Ave. City, State, Zip: Cupertino, CA 95014 Phone: 408.777.3111 Contact: Rudy Lomas Email: rudyl@cupertino.org 1.1. Test & Inspection Services adhere to NFPA 72 Fire Alarm; 2013 Edition & NFPA 25 Fire Sprinkler; 2011 Edition & 2013 Edition. 1.2. This contract is calculated using Prevailing Wage rates for 2020-2021 1.3. The term of this contract is from July 1, 2020 to June 30, 2021. 1.4. Reference: The City of Cupertino - PO ________________________________________________________________________ 1.5. Individual Site Pricing: See Page 8. NFPA 72 Fire Alarm System & NFPA 25 Fire Sprinkler System Test & Inspections This will approve both NFPA 72 & NFPA 25 T&Is being performed concurrently. NFPA 72: Fire Alarm System Test & Inspection Semi-Annual Test and Inspection NFPA 25 CA Ed, Ch. 5: Fire Sprinkler Systems Annual Test, Quarterly Inspection Annual Cost for Concurrent Prevailing Wage NFPA 72 & NFPA 25 Test & Inspection: $28,646.25 ______________________________________________ _________________ Signature for approval Date 2. PAYMENT AND TERMS: 2.1. Customer agrees to pay to Company, its agents or assigns, for the Test and Inspection Service listed in Section 1.1, for the initial term of 12 months, the sum of the approved and signed Option in section 1.1 (page 1 of Agreement), payable Quarterly in advance. This Agreement shall be in force for a period of one year. Unless either party notifies the other in writing of its intention to terminate this Agreement, not less than ninety (90) days prior to termination, this agreement will auto-renew. 2.2 Customer authorizes Company to perform up to $ of corrections during the inspection without further authorization. It is understood that this does not obligate Company to perform corrections during the inspection and return trips may be required. 3. DEFINITIONS 3.1. “Inspection” is a visual examination of a system or portion thereof to verify that it appears to be undamaged and in operation condition. 3.2. “Test” is a procedure used to determine the status of a system as intended by conducting periodic physical checks on water- based fire protection systems such as waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe, pre-action, or deluge valves. These tests follow up on the original acceptance tests at intervals specified by NFPA 25. 3.3. “Maintenance” is worked performed to keep fire system equipment operable or to make repairs. 3.4. “Owner” is the owner of the property or the occupant, management firm, or managing individual that has received authority from the owner for the inspection, testing, and maintenance of the fire protection system. 3.5. “NFPA 25” is the Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2011 California edition) published by the National Fire Protection Association. EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 2 of 8 3.6. “NFPA 72” is the Standard for the Inspection, Testing, and Maintenance of Fire Alarm Systems (2010 edition) published by the National Fire Protection Association. 3.7. “NFPA 80” is the Standard for the Inspection, Testing, and Maintenance of Fire Doors and Other Opening Protective’s (2010 edition) published by the National Fire Protection Association. 3.8. “NFPA 101” is the Standard for the Inspection, Testing, and Maintenance of Life Safety Systems (2010 edition) published by the National Fire Protection Association. 3.9. “Authority Having Jurisdiction” is an organization, office, or individual responsible for enforcing the requirements of NFPA Code or for approving procedures. 3.10. “Deficiency” is a condition where a system component appears to be damaged, not in operating condition, or the application is not within its designed limits or application. 3.11. “Work” is the inspections, tests, and maintenance as required by NFPA code or Authority Having Jurisdiction and as limited by the scope of the contract. 3.12. “Force Majeure Events” include fire, flood, earthquake, water, wind, lightning, transportation disruptions, vandalism, neglect or misuse, acts of War or Terrorism; electrical work, UPS or other power supplies, external equipment or accessories furnished by Company, unless specifically included in this Agreement, and any other acts outside the reasonable control of Company. 4. SCOPE OF WORK Company agrees to provide Customer with fire and life safety system testing services as described below. Such testing will be on a quarterly, semi-annual and annual basis, as indicated in Section 1.1, at the Inspection Locations listed in this Agreement. Company is not guaranteeing the sufficiency of any fire or life safety system nor is it undertaking to repair or replace any deficient equipment or work uncovered during the testing process, as further described below. The Company is not responsible for any additional tests or inspections that may be required by code beyond the tests and inspections listed in Section 1.1. Customer acknowledges that tests or inspections not required or enforced by Authority Having Jurisdiction may still be required by code and electing not to perform these tests or inspections may subject Customer to additional liability. Any repair or replacement or services outside the scope of this Agreement will be subject to a separate agreement between Customer and Company. 4.1. SYSTEM TESTING AND INSPECTION SERVICES: This Agreement provides for periodic tests and inspections as specified in Section 1.1 of Customer’s life safety systems as recommended by the latest NFPA standard adopted in California, in accordance with manufacturers’ recommendations. Company is responsible for providing documentation related to the completion of each test included in this Agreement. Test documentation will describe any defective, malfunctioning or inoperable devices, functions or other system programmed features. Accessible Duct Smoke Detectors will be cleaned annually. All other smoke detectors will be cleaned on an “As Needed” basis, as determined by Company in its reasonable judgment. 4.1.1. NFPA 25: The test and inspection of the wet fire sprinkler system is specifically limited to those items listed below: 4.1.1.1. INSPECTIONS: 4.1.1.1.1. Fire sprinklers, pipe, fittings, hangers and bracing from the floor level 4.1.1.1.2. System control valves, system check valves and alarm valves (all external) 4.1.1.1.3. Pressure gauges 4.1.1.1.4. Hydraulic data name plate 4.1.1.1.5. Spare sprinkler cabinet 4.1.1.1.6. Fire department connection 4.1.1.1.7. Alarm bell 4.1.1.1.8. Backflow devices 4.1.1.2. TESTS: 4.1.1.2.1. Main drain 4.1.1.2.2. Water flow alarm 4.1.1.2.3. Control valve electric supervision (tamper switch) 4.1.1.2.4. Backflow device forward flow test 4.2. EXCLUSIONS: This Agreement does not provide for the repair or replacement of any inoperable, malfunctioning, damaged equipment or missing parts or incorrectly installed equipment uncovered during the testing process, including but not limited to: 4.2.1. Repair, replacement or repetitive service calls caused by the use of unauthorized materials or equipment or repairs by unauthorized persons; 4.2.2. Repair of damage or increase in testing time caused by use of the equipment for purposes other than for which the equipment was engineered, designed and intended; 4.2.3. Repair of damage or increase in testing time caused by Force Majeure Events, as defined above; 4.2.4. Increase in test or inspection time not caused by Company; 4.2.5. Re-testing of unavailable units or 4.2.6. Re-testing of devices in areas where access is impeded in any manner; 4.2.7. Re-programming or reloading of the system and/or client database for computer based system s; 4.2.8. Replacing components necessarily damaged as a result of testing activity performed in conjunction with this Agreement; 4.2.9. Testing of any stand-alone smoke detectors, unless specifically stated in Section 1.1 Test and Inspection Services; 4.2.10. Testing conducted after Company’ standard business hours, unless specifically stated and agreed to in this Agreement; 4.2.11. NFPA 25: In addition to the above exclusions, the test and inspection of the wet fire sprinkler system specifically excludes those items listed below: 4.2.11.1. INSPECTIONS: EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 3 of 8 4.2.11.1.1. Fire sprinklers, pipe, fittings, hanger, and bracing in concealed, locked, secured or otherwise unavailable spaces. 4.2.11.1.2. Roadway valves 4.2.11.1.3. Buried check valves 4.2.11.1.4. System check and alarm valves (internal) 4.2.11.1.5. Building areas for adequate heat 4.2.11.2. TESTS: 4.2.11.2.1. Sample testing for aged fire sprinklers 4.2.11.2.2. Backflow device performance test(s) except for forward flow test 4.2.11.3. MAINTENANCE: 4.2.11.3.1. Corrective or preventative actions including repairs, adjustments, or modifications to correct deficiencies unless specifically included in the scope of contract 5. OTHER CHARGES: Company’s then current “Time and Materials” rates and work order terms and conditions will apply to any service requested by Customer which falls outside the scope of this Agreement. 6. HOURS OF OPERATION: Hours for standard business rate testing and inspecting are Monday through Thursday from 8:30 am to 4:30 pm local time. “After-hours” testing is available for an extra charge. “After-hours” is defined as Monday through Thursday from 5:00 am to 8:30 am and 4:30 pm to 8:30 pm, Friday and Saturday, 8:00 am to 4:30 pm. 7. RECORDS: The Owner shall provide access to original system commissioning documents including maintenance manuals, material test certificates, certified fire pump curves, and as-built drawings. The Owner further agrees to provide any and all copies of inspections and tests performed on the fire sprinkler system post commissioning within the guidelines of NFPA 25, 72, 80, 101, California Building Code, California Fire Code and all other regulatory agencies. If these documents and records are not available, the Owner shall hold Company harmless for all exclusions, omissions, and damage to the system that may result from the lack of information contained within such documents. The Owner acknowledges that the tests and inspections performed pursuant to this Agreement are not intended to reveal design or installation deficiencies. The tests and inspections are to verify that the system appears to be in operating condition and system components appear to be undamaged. 8. PRICE ADJUSTMENTS AND CHANGES: Company reserves the right to modify the prices in this Agreement upon sixty (60) days prior written notice to Customer. In the event Customer does not agree to such price change, Customer may terminate this Agreement upon ninety (90) days prior written notice to Company. Any type of equipment, testing or inspections not covered by this Agreement may be added to this Agreement at Company then current rates, or at such rates as may be mutually agreed upon. In the event that Customer takes any action to change the overall total count of devices associated with Customer’s fire life safety system, Company reserves the right to immediately recalculate any monetary impact that such changes may have on this Agreement, and will propose any changes in an Amendment to this Agreement to the Customer. Such actions that may have an impact on total device count may include, but are not limited to; tenant improvements, changes in Customer’s floor plan or building layout, addition or removal of physical building from Customer’s ownership. 9. PAYMENT AND TAXES: Payment terms are NET 30 upon receipt of invoice. 10. BREACH OR DEFAULT: If Customer materially breaches the Agreement, becomes insolvent, or makes an assignment for the benefit of creditors, then in addition to damages or any other remedies provided by law: Company may refuse to continue testing or inspecting the equipment or may furnish service on a C.O.D. “Per-Call” basis at Company’ then prevailing “Time and Materials” rate; and Customer shall pay Company’s costs and expenses of collection, including reasonable attorney’s fees. Company reserves the right to reschedule service when, in Company opinion, site conditions represent a hazard to the safety or health of any Company employee. Customer shall be immediately informed in writing whenever such a condition exists. 11. TERMINATION: Each party may for any reason terminate this Agreement upon ninety (90) days written notice to the other party. If equipment has been altered or repaired by Customer or a third party in any way that, in Company’ reasonable opinion, affects the reliability or detracts from the performance of the equipment, Company shall have the right to terminate this Agreement in whole or part, upon ten (10) days written notice to its Customer, and its obligation to provide service hereunder shall terminate accordingly. Either party may immediately terminate this Agreement if the other shall become insolvent or fail to pay its obligations as they arise or upon any proceeding being commenced by or against the other under any law providing relief to the other as debtor. Upon termination, Customer shall immediately pay to Company any amounts accrued and owing to Company as of the effective date of termination. 12. COMPANY AND MANAGEMENT IS NOT AN INSURER; LIMITATION OF LIABILITY: It is understood and agreed: that Company and Management is not an insurer; that insurance, if any, will be obtained by Customer; that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of Customer's property or the property of others located on Customer's premises or other areas effected by Work. COMPANY MAKES NO GUARANTY OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE THAT FIRE SPRINKLER SYSTEM CAN WITHSTAND HYDRO-TESTING OR ANY OTHER TESTS PERFORMED. CUSTOMER ACKNOWLEDGES THAT ALL DAMAGES TO THE PROPERTY OF OTHERS WILL BE THE RESPONSIBILITY OF CUSTOMER AND THAT HE IS NOT ENTERING INTO THIS AGREEMENT WITH THE EXPECTATION THAT COMPANY WILL INCUR OR REIMBURSE CUSTOMER OR ANY OTHER PERSON FOR LOSSES CAUSED BY WORK. COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL COMPANY BE HELD TO BE AN INSURER. Customer understands and agrees that Company's liability shall be limited to a sum equal to the amount of the contract price; that this limited amount shall be the sole and exclusive measure of damages for any claim against Company; and that the provisions of this Section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property from performance or non-performance of the obligations imposed by this Agreement; or from negligence, active or otherwise, of Company; its agents, EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 4 of 8 servants assigns or employees. CUSTOMER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY PROVISION IS A SUBSTANTIAL PART OF THE CONSIDERATION FOR THE WORK TO BE PERFORMED BY COMPANY BY PLACING HIS INITIALS AT THE BOTTOM OF THIS PAGE, CUSTOMER ACKNOWLEDGES THAT HE HAS DISCUSSED THIS PROVISION REGARDING LIQUIDATED DAMAGES AND LIMITED LIABILITY WITH CUSTOMER’S AGENT AND HAS AGREED TO THE AMOUNT SET FORTH HEREIN. 13. THIRD PARTY NOTIFICATION: 13.1 In the event any person, not a party to this Agreement, shall make any claim or file any lawsuit against Company for any reason relating to Company's duties and obligations pursuant to this Agreement, including but not limited to the design, installation, maintenance, monitoring, operation, or non-operation of the alarm system, Subscriber agrees to indemnify, defend and hold Company harmless from any and all claims and lawsuits, including the payment of all damages, expenses, costs, and attorney's fee, whether these claims be based upon alleged intentional conduct, active or passive negligence, or strict or product liability on the part of the Company, its agents, servants or employees. 13.2 This Agreement by Subscriber to indemnify Company against third party claims as hereinabove set forth, shall not apply to losses, damages, expenses and liability resulting in injury or death to third persons or injury to property of third persons which losses, damages, expenses and liability occur while an employee of Company is on Subscriber's premises and which losses, damages and liability are solely and directly caused by the acts of said employee of Company. 14. PURCHASE ORDERS: It is understood and agreed by and between the parties hereto, that if there is any conflict between thi s Agreement and Customer’s purchase order, or any other document, this Agreement will govern, whether such purchase order or other document is prior or subsequent to this Agreement. 15. ARBITRATION AND ATTORNEY'S FEES: Disputes, controversies, or claims arising out of or relating to this contract shall first be submitted to non-binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. In the event of arbitration or litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom. 16. INVALID PROVISIONS: In the event any of the terms or provisions of this Agreement shall be declared to be invalid or inoperative, all of the remaining terms and provisions shall remain in full force and effect. 17. ENTIRE INTEGRATED AGREEMENT; MODIFICATION; ALTERATIONS; WAIVER: This writing is intended by the parties hereto as a final expression of their agreement and as a complete and exclusive statement of their terms thereof. This Agreement supersedes all prior representations, understandings or agreements of the parties and the parties rely only upon. 18. This agreement is made in and shall be governed by the laws of the State of California. SIGNATURE BY ACKNOWLEGMENT By printing and signing, customer acknowledges all Statements, Terms & Conditions of this [8] page contract. Company Accepted By: Authorized Signature Authorized Signature William R Wood Printed Name Printed Name CFO Title Title Date Date THIS AGREEMENT SHALL NOT BE BINDING UPON COMPANY UNLESS APPROVED IN WRITING BY AN OFFICER OF COMPANY. INTHE EVENT OF NON-APPROVAL, THE SOLE LIABILITY OF COMPANY SHALL BE TO REFUND TO SUBSCRIBER THE AMOUNT THAT HAS BEEN PAID TO THE COMPANY BY SUBSCRIBER UPON THE SIGNING OF THE AGREEMENT. PURCHASER REPRESENTS AND WARRANTS TO THE SELLER THAT PURCHASER HAS READ ALL THE TERMS AND CONDITIONS HEREIN AND ALL THE TERMS AND CONDITIONS WHICH ARE PRINTED ON THE DOCUMENTS ATTACHED TO THIS AGREEMENT BEFORE EXCECUTING THIS AGREEMENT. EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 5 of 8 UPON RETURN OF THIS AGREEMENT for any new HOA type property requiring security passage, the authorized person herein, must provide keys, FOBs, access codes, and / or access cards to Statcomm. This information is required within [2] two weeks of receipt of approved contract[s]. The approved contract will not be processed internally, and no T&I schedule will be created until all necessary access devices and information are received by Statcomm. Please address the package as follows: Statcomm Warehouse 939 San Rafael Ave. Mountain View, CA 94043 The information below must also be filled out so there is no confusion at our end as to what items were sent. Below is the access information for the newly contracted property As the authorized manager/owner/board member for this property, as of ____________________________I have provided the following information or have shipped the following access devices which will allow Statcomm technicians access to all areas of said property. By doing so I ensure the Statcomm Inspection & Test Department (ITD) has keys and / or access information in advance of any scheduled performance of service. This effort will alleviate last minute issues concerning the scheduled service and return visits to access areas required for tests or inspections. Access Device Type □Keys □FOB □Access Cards □Lock Box □Tele Entry System □Not Applicable □Other (specify) Access Devices Open □Entry to Building □Mechanical Room □Electrical Room □Storage Room □Roof Access □Riser Room □Fire Panel Room □Auto Gate □Pedestrian Gate Access Codes __________________ __________________ __________________ __________________ __________________ __________________ __________________ EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 6 of 8 AS BUILDS: PLANS & DEVICE COUNTS ADVISORY: Due to the absence or availability of AS BUILDS or detailed plans for this property being available prior to the site assessment and proposal process, there is a potential that additional devices exist on premise which need to be included in this Test & Inspection [T&I] in order to complete the inspection and certify the system. Should such devices be uncovered during one of our scheduled Annual / Semi NFPA 72 Fire Alarm, Annual / Quarterly NFPA 25 Fire Sprinkler or NFPA 25-5YR Test & Inspections, Statcomm will adjust the relevant invoice in accordance with the total number of devices and / or time and materials required to complete NFPA T&I requirements. UNION APPRENTICE PROGRAM ADVISORY: As we are required to contact the union directly for their option to assign / dispatch Union Apprentice Program participant for our scheduled testing. If applicable, the cost of the apprentice will be a direct pass through transaction to the City of Cupertino. It will be invoiced separately from standard PO invoicing. PROPRIETARY SYSTEM PROGRAMMING ADVISORY: Due to the highly proprietary nature of some fire control panels, it is necessary to advise you that initial programming or repairs of the fire control panel may require enlisting the original vendor’s authorized service personnel. The coordination of the two companies will be the responsibility of the property manager. Statcomm costs will be based upon time and materials, estimated to be approximately $600.00. ELEVATOR / FIRE ALARM TESTING ADVISORY: Per NFPA code, it is required that Elevator Recall must be tested annually. A trained and certified technician specializing in Elevator Recall testing must perform this service. It is the responsibility of the property manager to coordinate the elevator vendor to schedule this service in concert with the fire alarm testing. If same day scheduling proves to be inconvenient, this task will be excluded from this service. Statcomm is available on a time & materials basis to accommodate a reschedule with the other vendor, if necessary. ADVISORY: If elevator recall smoke or heat detectors are connected to the fire alarm control panel, it is management or owner’s responsibility to provide elevator reset keys or elevator control personnel to be available prior to testing of devices. If keys or elevator personnel not available during performance of the scheduled annual fire alarm system(s) testing and inspection, the devices will not be tested and thus noted as a deficiency (unable to test) in the annual NFPA 72 testing and inspection report. Statcomm is not financially responsible in the event elevator service personnel are required or dispatched as the result of the scheduled annual testing of devices connected to the fire alarm system that in turn initiate elevator to recall. ADVISORY: System smoke detectors will only be tested during the annual fire alarm system testing/inspection as long as we are provided necessary keys and have the capability of restoring the elevator to operation. Otherwise, testing of the elevator recall smoke and/or heat detectors will require participation of the elevator service company, performed independently and invoiced separately. DUCT DETECTOR / SMOKE DAMPER / FIRE ALARM TESTING ADVISORY: Per NFPA code, duct detectors / smoke dampers are connected to the fire alarm system and are required to be tested annually. A trained and certified technician specializing in duct detector / smoke damper testing must perform this service. It is the responsibility of the property manager to coordinate the HVAC vendor to schedule this service in concert with the fire alarm testing. If same day scheduling proves to be inconvenient, this task will be excluded from this service. Statcomm is available on a time & materials basis to accommodate a reschedule with the other vendor, if necessary. EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 7 of 8 Scope of Work NFPA 72: Fire Alarm System Test & Inspection Performed: Annual / Semi Annual o Common Area & Commercial In-Unit testing will be scheduled during weekdays, Monday - Thursday between normal service hours of 7:30AM - 4:00PM. o Notice Postings: Management, if required, to post advisory notices in common areas one [1] week prior to the Annual service. Statcomm will provide notice template via email to property manager. Semi operational testing of FACP to include panel maintenance & battery load testing, subpanels, power supplies & repeaters. Testing of fire sprinkler water flow switches. Inspection and verification of panels, annunciators, connectors & audible devices. Annual Common Area operational testing of all fire system equipment and devices, including but not limited to: fire alarm control panels, pull stations, smoke detectors, heat detectors, water flow devices, tamper devices, annunciators, auxiliary power supplies, elevator recall, EVAC systems, duct detectors, and smoke dampers. Annual Fire Door testing of operation and full closure of doors, and automatic closing device [magnetic locks] reset. Annual / Semi-Annual fire alarm system certification / deficiency report, maintaining required records of service as prescribed. NFPA 25: Fire Sprinkler Test & Inspection Performed: Annual / Quarterly o Common Area testing will be scheduled during weekdays, Monday - Thursday between normal service hours of 7:30AM - 4:00PM. o Notice Postings: o Management, if required, to post advisory notices in common areas one [1] week prior to the Annual service. Statcomm will provide notice template via email to property manager. Annual / Quarterly inspections of all accessible fire sprinkler risers, control valves, alarm valves, waterflow devices, valve supervisory devices, supervisory signal devices, gauges (wet-pipe systems), hydraulic nameplate, fire department connections. Annual Sprinkler Head Inspection Annual main drain, water-flow alarm, and control valve test Annual / Quarterly NFPA 25 inspection reports composed; submitted and / or made available to the Authority Having Jurisdiction [AHJ]. EXHIBIT A NFPA 72 Fire Alarm & NFPA 25 Fire Sprinkler T&I Service Agreement: City of Cupertino - 4.30.2020 - Proposal / Contract: 22848 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 • Fax: 650-988-9509 Page 8 of 8 Individual Pricing Per Location Location NFPA 72 Fire Alarm NFPA 25 Fire Sprinkler Total Cupertino City Hall $ 3,217.50 $ 435.00 $ 3,652.50 Community Hall $ 3,217.50 $ 435.00 $ 3,652.50 Cupertino Library $ 3,952.50 $ 45.00 $ 3,997.50 Environment Education Center $ 2,872.50 $ 435.00 $ 3,307.50 Monte Vista Recreation Center $ 1,233.75 $ 435.00 $ 1,668.75 Quinlan Community Center $ 2,613.75 $ 435.00 $ 3,048.75 Senior Center $ 3,562.50 $ 435.00 $ 3,997.50 Service Yard $ 1,492.50 $ 435.00 $ 1,927.50 Sports Center $ 2,958.75 $ 435.00 $ 3,393.75 Total $ 25,121.25 $ 3,525.00 $ 28,646.25 EXHIBIT A NFPA 25-5YR Fire Sprinkler T&I Service Agreement: - 4.30.2020 - Proposal: 22849 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 Page 1 of 6 April 30, 2020 City of Cupertino 10555 Mary Ave. Cupertino, CA 95014 ATTN: Ken Tanase PROPOSAL: 22849 NFPA 25-5YR WATER BASED FIRE SUPPRESSION SYSTEM SERVICE PROPOSAL Thank you for the opportunity to provide our NFPA 25-5YR Fire Sprinkler Test & Inspection proposal to your organization. Per our records, the last NFPA 25-5YR service was performed in June 2016 on a majority of buildings. In an effort to synchronize the 5YR service for all City of Cupertino properties, this proposal presents the cost to certify all fire sprinkler systems in-lieu of performing the annual portion of the 2021 Annual Fire Sprinkler Test & Inspection service. The cost of the annual portion of the 2021 annual service is deducted from the service contract; the cost of the three [3] quarterly visual inspections will remain. Per state and local regulations, National Fire Protection Association [NFPA] fire codes or the Authority Having Jurisdiction [AHJ], this proposal provides the services necessary to be compliant with California Fire Codes & Regulations for NFPA 25-5YR: Standard for the Inspection, Testing and Maintenance of Water Based Fire Protection Systems [Chapter 5 & 6]. As the NFPA 25-5YR is a required State of California fire & life safety service, if accepted, it will be performed in lieu of the annual portion of the NFPA 25 Fire Sprinkler Test & Inspection service and will prevent a “failed” status to be reported on future annual test & inspection services. Upon completion of the initial inspection all reports will be submitted to Building Owner, Management Company and Fire Marshal. Systems without deficiencies will be certified. If deficiencies are found, Statcomm will provide you with a proposal to correct any deficient items. You will have 90 days upon our provision of the deficiencies report to approve the corrections or the 5 year inspection will become invalid and have to be performed again. Additional deficiencies may / can occur between the actual testing / inspection and the approval to address deficiencies. In order to satisfy the Authority Having Jurisdiction (AHJ) and insurance carriers, we cannot be held responsible if you do not approve the corrections in a timely manner. As a Diamond Certified company, Statcomm strives to maintain the highest level of service quality that addresses California State Fire and Life Safety Codes and Regulations. If you have any questions or concerns regarding this proposal, please contact me directly at 650.988.9508 or email at kblum@statcomm.com Respectfully, Karl N. Blum Business Development Manager Statcomm Inc. EXHIBIT A NFPA 25-5YR Fire Sprinkler T&I Service Agreement: - 4.30.2020 - Proposal: 22849 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 Page 2 of 6 NFPA 25-5YR WATER BASED FIRE SUPPRESSION SYSTEM TEST & INSPECTION The NFPA 25-5YR Test & Inspection will service all aspects of the water based fire sprinkler system. This Scope of Work will replace the Annual NFPA 25 Fire Sprinkler Test & Inspection for the year performed. It is performed and invoiced once every 5 years and includes the following service: Inspect Sprinkler Heads: Common Area & Commercial In-Unit between hours of 7:30AM – 4:30PM o External: Outside of Building / Garages / Storage Rooms / Trash Areas o Internal: Office Suites / Secure Work Areas / Hallways / Stairwells / Crawlspaces o Above & Below Drop Tile Ceilings Inspect Riser: Interior Pipe & Exterior Pipe Test Supervisory Alarms: Water Flow Switches & Tamper Switches Test Main Drain Flow: Drain & Refill All Fire Sprinklers Risers Test Alarm Check Valves Test Pressure Gauges Test Outside Stem & Yoke Valves [OSY] Test Post Indicator Valves [PIV] Test Fire Department Connection Backflush [FDC] Flow Test Fire Hydrants Fire Truck Required: Pressurized System Test & Water Flow Test Notice Posting [Posted by Management] Prepare & Submit Reports NFPA 25-5YR Fire Sprinkler Estimated Price: $11,875.00 ____ Initials This service will be scheduled concurrently with the annual NFPA 72 Fire Alarm test & inspection service in December 2020. Signed approval is required 30-days in advance. SIGNATURE BY ACKNOWLEGMENT By printing and signing, customer acknowledges all Statements, Terms & Conditions of this [6] page proposal. Procedure to Enable Services: Please print name, date and sign. Sign and scan the entire proposal [all pages] and email the copy to kblum@statcomm.com or whitney@statcomm.com Upon receipt of the signed proposal, Statcomm will contact you and confirm a date and time to initiate the services requested. Proposal Approved by: ___________________________________ Date: _______________ [Print Name] Proposal Approved by: ___________________________________ Title: ________________ [Signature] EXHIBIT A NFPA 25-5YR Fire Sprinkler T&I Service Agreement: - 4.30.2020 - Proposal: 22849 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 Page 3 of 6 AS BUILTS: PLANS & DEVICE COUNTS ADVISORY: Due to the absence or availability of AS-BUILTS or detailed plans for this property being available prior to the Statcomm Inc. site assessment and proposal process, there is a potential that additional devices exist on premise which need to be included in this Test & Inspection [T&I] in order to complete the inspection and certify the system. Should such devices be uncovered during one of our scheduled NFPA 25 Annual / Quarterly or NFPA 25-5YR Test & Inspection, Statcomm will adjust the relevant invoice in accordance with the total number of devices and / or time and materials required to complete NFPA T&I requirements. Such devices may include but are not limited to: Outside Stem & Yoke [OSY], Post Indicator Valve [PIV], Fire Department Connections [FDC], Fire Department Valves [FDV], Risers, Sectionals, Alarm Check Valves, Hydrants and In-Unit Sprinklers. SECOND TECHNICIAN ADVISORY: When applicable, our proposal includes a State-certified alarm technician at the fire alarm panel to handle all fire system operational responsibilities. This will eliminate the need to have the property coordinate additional personnel. PARKING ADVISORY: If parking is limited, the property manager must on the day of service guarantee space for the fire truck and / or technician’s trucks. STORAGE UNIT ACCESS ADVISORY: During the NFPA 25-5YR Test & Inspection it is required by code that all accessible and inaccessible sprinkler heads be visually inspected for defects. In order to inspect the sprinkler heads of each storage unit Statcomm technicians must be provided with access keys, access codes or a locksmith to remove or bypass locks so as to be permitted access to each unit. INDIVIDUAL PRICING PER LOCATION Location Total Cupertino City Hall $ 1,223.63 Community Hall $ 1,223.63 Cupertino Library $ 1,396.13 Environment Education Center $ 1,913.63 Monte Vista Recreation Center $ 1,223.63 Quinlan Community Center $ 1,223.63 Senior Center $ 1,223.63 Service Yard $ 1,223.63 Sports Center $ 1,223.63 Total $ 11,875.13 EXHIBIT A NFPA 25-5YR Fire Sprinkler T&I Service Agreement: - 4.30.2020 - Proposal: 22849 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 Page 4 of 6 UPON RETURN OF THIS AGREEMENT for any new HOA type property requiring security passage, the authorized person herein, must provide keys, FOBs, access codes, and / or access cards to Statcomm. This information is require d within [2] two weeks of receipt of approved contract[s]. The approved contract will not be processed internally, and no T&I schedule will be created until all necessary access devices and information are received by Statcomm. Please address the package as follows: Statcomm Warehouse 939 San Rafael Ave. Mountain View, CA 94043 Attention: Anthony Hicks The information below must also be filled out so there is no confusion at our end as to what items were sent. Below is the access information for the newly contracted property As the authorized manager/owner/board member for this property, as of ____________________________I have provided the following information or have shipped the following access devices which will allow Statcomm technicians access to all areas of said property. By doing so I ensure the Statcomm Inspection & Test Department (ITD) has keys and / or access information in advance of any scheduled performance of service. This effort will alleviate last minute issues concerning the scheduled service and return visits to access areas required for tests or inspections. Access Device Type □ Keys □ FOB □ Access Cards □ Lock Box □ Tele Entry System □ Not Applicable □ Other (specify) Access Devices Open □ Entry to Building □ Mechanical Room □ Electrical Room □ Storage Room □ Roof Access □ Riser Room □ Fire Panel Room □ Auto Gate Access Codes ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ Access Codes Open __________________ __________________ __________________ __________________ __________________ __________________ __________________ __________________ EXHIBIT A NFPA 25-5YR Fire Sprinkler T&I Service Agreement: - 4.30.2020 - Proposal: 22849 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 Page 5 of 6 TERMS & CONDITIONS This proposal is limited to the above-stated services and does not include any guaranties, modifications to the systems, return-service requirements or replacement parts. Statcomm will provide as follows: Coordination of inspection dates. Operational status reports following each service request. REPORTS: As required by the California Fire Marshal’s office [CFM], upon completion of each inspection, all reports will be made available to property management, the fire department and any Authority Having Jurisdiction [AHJ]. WORK AREAS: Areas are to be free from obstructions prior to commencement and during the execution of attached Scope of Work. All cost estimates assume unimpeded accessibility of all devices. In the event that during testing accessibility is delayed or impeded, an additional labor cost based on our standard labor rates may be applied. NOTICES: Based on the services being performed, access to common areas and / or private areas will be required by Statcomm personnel. Management, if required, to post advisory notices in common areas one [1] week prior to the annual service. Statcomm will provide notice template via email to property manager. WORK HOURS: Work to be performed during the hours of 7:30AM – 4:30PM, Monday through Thursday. Work requested by primary contractor or property owner to be performed before or after above stated hours will incur an additional charge of $52.50 per hour per technician, plus our standard hourly labor rate of $135.00 / Hour / Technician. Saturday labor rate is $202.50 / Hour / Technician. INSPECTION OF ATTIC SPRINKLERS: Property Owner, Association or Management Company is to determine and verify whether fire sprinkler heads exist in attics or other inaccessible areas. This information may be provided to Statcomm prior, during or subsequent to the courtesy site walk. Additional equipment or devices, attic crawl spaces or access locations must be provided to Statcomm personnel. As inspection and test of any fire sprinkler system equipment or devices are required to complete the NFPA 25-5YR Fire Sprinkler System Certification, any costs to perform this additional work [including reassessing of residential units, if applicable] will be provided to management or property owner(s). If attic access is found and this item has been excluded, we will need to re-enter units at a later date at an additional cost in order to complete the NFPA 25-5YR Test & Inspection process in order to provide a NFPA 25-5YR Fire Sprinkler System Certification. CAVEAT 1: The Owner(s) acknowledges that the tests and inspections performed pursuant to this Agreement are not intended to reveal design or installation deficiencies. The tests and inspections are to verify that the system appears to be in operating condition and system components appear to be undamaged. CAVEAT 2: If, during this service, design or installation deficiencies are discovered, Statcomm will advise in writing the nature and scope of the deficiencies and make recommendations and provide a cost estimate for Statcomm to affect repairs. CAVEAT 3: If, upon service completion, it is discovered that design or installation deficiencies resulted in the creation of water leakage in inaccessible areas, i.e.: private storage areas, Statcomm will not be held responsible for any resulting effects or property damage. EXHIBIT A NFPA 25-5YR Fire Sprinkler T&I Service Agreement: - 4.30.2020 - Proposal: 22849 California Contractor License: 675521 Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508 Page 6 of 6 CAVEAT 4: If In-Unit access is required, for the purpose of testing and / or inspection of any fire sprinkler system equipment or devices to complete the NFPA 25-5YR Fire Sprinkler System Certification, any costs to reassess any portion of residential units, will be noted in the ensuing “corrections” report which follows the initial test and inspection. Both management and the local fire marshal receive this report. Complete in-unit inspection is required by code and law under for NFPA 25-5YR, Fire Sprinkler System Certification. SITE ACCESS: Upon acceptance of this proposal, Statcomm will require copies of the following items: Access Keys [entry systems, electrical rooms, mechanical rooms, storage rooms, roof access, restrooms), Access Codes & Site Map. 24-HOUR EMERGENCY SERVICE: In the event emergency service is required, Statcomm shall respond to all requests within 2 hours. Such emergency service will be performed at our current standard schedule of emergency hourly rates. CANCELLATION TERMS: This agreement shall be in force until completion of service. Either party may terminate scheduled service, not less than seven (7) days prior to the start of scheduled service. Any pre- service administrative fees incurred by the company will be billed to the client. WARRANTY: Statcomm warranties all defects in workmanship for 1-year. PROPOSAL PRICING: Estimates for all proposals are valid for ninety [90] days. Verifying cost with Statcomm is required before submitting approval beyond the initial 90 days. PAYMENT TERMS: Net 30 days. EXHIBIT A EXHIBIT A NOTE:$19,478.62 will be added to the total Maximum Compensation amount for unforeseen repairs. Labor rates provided on this sheet shall apply. 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. Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019 1 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 coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. N/A if box checked (Contract is not design/build). 5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. N/A if box checked (Project does not involve construction or improvements/installations to property). PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects - $60,000 Insurance Requirements: Exhibit B Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019 2 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property 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: Sept. 2019 3 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 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) PAGEHOLDER CODE NOTEPAD:INSURED'S NAME Date CITYOFR STATC-1 2 Statcomm, Inc.OP ID: MP 09/30/2019 endorsement. Waiver of Subrogation apply to General Liability and Workers Compensation policies per the attached endorsements. #MBOLFUXIFSFSFRVJSFECZXSJUUFODPOUSBDU (- #MBOLFUXIFSFSFRVJSFECZXSJUUFODPOUSBDU (- 1PMJDZ/VNCFS(- #MBOLFUXIFSFSFRVJSFECZXSJUUFODPOUSBDU 1PMJDZ/VNCFS(- 10/01/2019 All CA Operations Cypress Insurance Company STWC035516 PW Contract Under 60K Final Audit Report 2020-05-29 Created:2020-05-20 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA-saJ82gFhiIxon2Fxb5AGfnNbrqXK_nc "PW Contract Under 60K" History Document created by Julia Kinst (juliak@cupertino.org) 2020-05-20 - 10:17:30 PM GMT- IP address: 64.178.242.15 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2020-05-20 - 10:17:48 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-05-20 - 10:18:41 PM GMT - Time Source: server- IP address: 64.178.242.15 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-05-20 - 10:18:43 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-05-20 - 10:29:58 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to kblum@statcomm.com for signature 2020-05-20 - 10:30:00 PM GMT Email viewed by kblum@statcomm.com 2020-05-20 - 10:32:07 PM GMT- IP address: 64.71.2.114 Email viewed by kblum@statcomm.com 2020-05-21 - 7:28:03 PM GMT- IP address: 64.71.2.114 Julia Kinst (juliak@cupertino.org) replaced signer kblum@statcomm.com with Wm R Wood (bwood@statcomm.com) 2020-05-21 - 11:00:07 PM GMT- IP address: 64.178.242.15 Document emailed to Wm R Wood (bwood@statcomm.com) for signature 2020-05-21 - 11:00:07 PM GMT Email viewed by Wm R Wood (bwood@statcomm.com) 2020-05-22 - 3:33:52 PM GMT- IP address: 64.71.2.114 Document e-signed by Wm R Wood (bwood@statcomm.com) Signature Date: 2020-05-22 - 3:34:37 PM GMT - Time Source: server- IP address: 64.71.2.114 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-05-22 - 3:34:39 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-05-28 - 10:41:28 PM GMT- IP address: 52.39.49.65 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-05-28 - 10:41:55 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Roger S. Lee (rogerl@cupertino.org) for signature 2020-05-28 - 10:41:58 PM GMT Email viewed by Roger S. Lee (rogerl@cupertino.org) 2020-05-29 - 2:53:59 PM GMT- IP address: 104.47.46.254 Document e-signed by Roger S. Lee (rogerl@cupertino.org) Signature Date: 2020-05-29 - 2:54:43 PM GMT - Time Source: server- IP address: 99.130.252.55 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-05-29 - 2:54:47 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-05-29 - 10:41:43 PM GMT- IP address: 104.47.46.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-05-29 - 10:41:56 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Wm R Wood (bwood@statcomm.com), Roger S. Lee (rogerl@cupertino.org), Heather M. Minner (minner@smwlaw.com), Julia Kinst (juliak@cupertino.org), and 4 more 2020-05-29 - 10:41:56 PM GMT