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19-079 Amendment #3 dated 7-29-22 Pacific Coast Trane for Maintenance & Repair of Trane Equipment for the City of Cupertino1 THIRD AMENDMENT TO AGREEMENT 84 BETWEEN THE CITY OF CUPERTINO AND PACIFIC COAST TRANE SERVICE & CONTROLS COMPANY FOR MAINTENANCE & REPAIR OF TRANE EQUIPMENT AT VARIOUS CITY FACILITIES This Third Amendment to Agreement 84 between the City of Cupertino and Pacific Coast Trane Service & Controls Company is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Pacific Coast Trane Service & Controls Company, a Corporation (“Contractor”) whose address is 310 Soquel Way, Sunnyvale, CA 94086-4171, and is made with reference to the following: RECITALS: A. The City and the Contractor entered into an Agreement for Maintenance & Repair of Trane Equipment at Various City Facilities (“Original Agreement”) effective May 13, 2019, with a term expiring on June 30, 2020. B. The City and the Contractor entered into a First Amended and Restated Agreement for Maintenance & Repair of Trane Equipment at Various City Facilities (“First Amended Agreement”) effective August 12, 2020, with a term expiring on June 30, 2021. C. The City and the Contractor entered into a Second Amended and Restated Agreement for Maintenance & Repair of Trane Equipment at Various City Facilities (“Second Amended Agreement”) effective August 10, 2021, with a term expiring on June 30, 2022. D. The City and the Contractor desire to continue Contractor’s services to the City under the Second Amended Agreement, and hereby affirm their intent that it remain in full force and effect as amended and restated by this Third Amendment. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Contract begins on the Effective Date and ends on June 30, 2023 (“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 o on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO PACIFIC COAST TRANE SERVICE & CONTROLS COMPANY By By Title Title Date Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Donald Thomas Service Manager Jul 29, 2022 Christopher D. Jensen Director of Public Works Jul 29, 2022 Jul 29, 2022 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE 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 AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/22/2022 License # 0E67768 (925) 918-4534 25674 Pacific Coast Sales & Service, Inc. dba Pacific Coast Trane Service Company and Pacific Coast Trane Controls Company 310 Soquel Way Sunnyvale, CA 94085 A 1,000,000 X X 6308465L994 4/1/2022 4/1/2023 300,000 5,000 1,000,000 2,000,000 2,000,000 Deductible 0 1,000,000A X 8100N131223 4/1/2022 4/1/2023 Comp/Coll Ded 1,000 25,000,000A CUP2J922822 4/1/2022 4/1/2023 25,000,000 0 A X UB5K37551A 4/1/2022 4/1/2023 1,000,000 Y 1,000,000 1,000,000 A Rented/Leased Equip 6608284R378 4/1/2022 Limt 225,000 A Installation Floater 6608284R378 4/1/2022 4/1/2023 Ded $1,000; Limit 1,500,000 RE: City of Cupertino Public Works The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are Additional Insureds on Primary & Non-Contributory basis as respects to General Liability, as required by written contract. Waiver of Subrogation applies to General Liability, Auto Liability and Workers’ Compensation as required by written contract. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 PACICOA-08 THOMASRO IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Karen Powell Karen.Powell@ioausa.com Travelers Property Casualty Company of America X 4/1/2023 X X X X X X X COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1)Any "bodily injury", "property damage" or "personal injury" arising out of the providing,The following is added to SECTION II – WHO IS AN or failure to provide, any professionalINSURED: architectural, engineering or surveyingAny person or organization that you agree in a services, including:written contract or agreement to include as an additional insured on this Coverage Part is an (a)The preparing, approving, or failing to insured, but only:prepare or approve, maps, shop drawings, opinions, reports, surveys,a.With respect to liability for "bodily injury" or field orders or change orders, or the"property damage" that occurs, or for "personal preparing, approving, or failing toinjury" caused by an offense that is committed, prepare or approve, drawings andsubsequent to the signing of that contract or agreement and while that part of the contract or specifications; and agreement is in effect; and (b)Supervisory, inspection, architectural or b.If, and only to the extent that, such injury or engineering activities.damage is caused by acts or omissions of you or (2)Any "bodily injury" or "property damage"your subcontractor in the performance of "your caused by "your work" and included in thework" to which the written contract or agreement "products-completed operations hazard"applies. Such person or organization does not unless the written contract or agreementqualify as an additional insured with respect to the independent acts or omissions of such specifically requires you to provide such person or organization.coverage for that additional insured during the policy period.The insurance provided to such additional insured is subject to the following provisions:c.The additional insured must comply with the a.If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum (1)Give us written notice as soon as practicablelimits required by the written contract or of an "occurrence" or an offense which mayagreement, the insurance provided to the result in a claim. To the extent possible, suchadditional insured will be limited to such notice should include:minimum required limits. For the purposes of determining whether this limitation applies, the (a)How, when and where the "occurrence"minimum limits required by the written contract or or offense took place;agreement will be considered to include the (b)The names and addresses of any injuredminimum limits of any Umbrella or Excess persons and witnesses; andliability coverage required for the additional insured by that written contract or agreement.(c)The nature and location of any injury orThis provision will not increase the limits of damage arising out of the "occurrence"insurance described in Section III – Limits Of or offense.Insurance. (2)If a claim is made or "suit" is brought againstb.The insurance provided to such additional the additional insured:insured does not apply to: CG D2 46 04 19 ú 2018 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. Pacific Coast Sales & Service, Inc. Policy Number: 6308465L994 COMMERCIAL GENERAL LIABILITY (a)Immediately record the specifics of the (4)Tender the defense and indemnity of any claim or"suit" and the date received; and claim or "suit" to any provider of other insurance which would cover such additional(b)Notify us as soon as practicable and see insured for a loss we cover. However, thisto it that we receive written notice of the condition does not affect whether theclaim or"suit" as soon as practicable.insurance provided to such additional (3)Immediately send us copies of all legal insured is primary to other insurancepapers received in connection with the claim available to such additional insured whichor "suit", cooperate with us in the covers that person or organization as ainvestigation or settlement of the claim or named insured as described in Paragraph 4.,defense against the "suit", and otherwise Other Insurance, of Section IV – Commercialcomply with all policy conditions.General Liability Conditions. Page 2 of 2 ú 2018 The Travelers Indemnity Company. All rights reserved.CG D2 46 04 19 Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Who Is An Insured – Unnamed Subsidiaries H.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees And I.Blanket Additional Insured – Grantors OfCo-Volunteer Workers Franchises C.Who Is An Insured – Newly Acquired Or Formed J.Incidental Medical MalpracticeLimited Liability Companies K.Medical Payments – Increased LimitD.Blanket Additional Insured – Broad Form Vendors L.Blanket Waiver Of SubrogationE.Blanket Additional Insured – Controlling Interest M.Contractual Liability – RailroadsF.Blanket Additional Insured – Mortgagees, Assignees, Successors Or Receivers G.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating To Premises PROVISIONS a.Before you maintained an ownership interestA. WHO IS AN INSURED – UNNAMED of more than 50% in such subsidiary; orSUBSIDIARIES The following is added to SECTION II – WHO IS b.After the date, if any, during the policy period that you no longer maintain an ownershipAN INSURED: interest ofmore than 50% in such subsidiary.Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named For purposes of Paragraph 1.of Section II – WhoInsured in the Declarations is a Named Insured if:Is An Insured, each such subsidiary will be a.You are the sole owner of, or maintain an deemed to be designated in the Declarations as: ownership interest of more than 50% in, such a.A limited liability company;subsidiary on the first day of the policy period; and b.An organization other than a partnership, joint b.Such subsidiary is not an insured under venture or limited liability company; or similar other insurance.c.A trust;No such subsidiary is an insured for "bodily injury" as indicated in its name or the documents thator "property damage" that occurred, or "personal govern its structure.and advertising injury" caused by an offense committed: CG D4 58 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. Pacific Coast Sales & Service, Inc. Policy Number: 6308465L994 COMMERCIAL GENERAL LIABILITY B. WHO IS AN INSURED – EMPLOYEES AND a.A limited liability company; VOLUNTEER WORKERS – BODILY INJURY TO b.An organization, other than a partnership,CO-EMPLOYEES AND CO-VOLUNTEER joint venture or limited liability company;WORKERS orThe following is added to Paragraph 2.a.(1)of c.A trust;SECTION II – WHO IS AN I NSURED: as indicated in its name or the documentsParagraphs(1)(a),(b)and (c)above do not apply that govern its structure.to "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment by you D. BLANKET ADDITIONAL INSURED – BROADor performing duties related to the conduct of your FORM VENDORSbusiness, or to "bodily injury" to your other The following is added to SECTION II – WHO IS"volunteer workers" while performing duties AN INSURED:related to the conduct of your business. Any person or organization that is a vendor andC. WHO IS AN INSURED – NEWLY ACQUIRED that you have agreed in a written contract orOR FORMED LIMITED LIABILITY COM PANIES agreement to include as an additional insured onThe following replaces Paragraph 3.of SECTION this Coverage Part is an insured, but only withII – WHO IS AN INSURED:respect to liability for "bodily injury" or "property 3.Any organization you newly acquire or form,damage" that: other than a partnership or joint venture, and a.Occurs subsequent to the signing of thatof which you are the sole owner or in which contract or agreement; andyou maintain an ownership interest of more b.Arises out of "your products" that arethan 50%, will qualify as a Named Insured if distributed or sold in the regular course ofthere is no other similar insurance available to such vendor's business.that organization. However: The insurance provided to such vendor is subjecta.Coverage under this provision is afforded to the following provisions:only: a.The limits of insurance provided to such(1)Until the 180th day after you acquire vendor will be the minimum limits that youor form the organization or the end of agreed to provide in the written contract orthe policy period, whichever is earlier,agreement, or the limits shown in theif you do not report such organization Declarations, whichever are less.in writing to us within 180 days after you acquire or form it; or b.The insurance provided to such vendor does not apply to:(2)Until the end of the policy period, when that date is later than 180 days (1)Any express warranty not authorized byafter you acquire or form such you or any distribution or sale for aorganization, if you report such purpose not authorized by you;organization in writing to us within (2)Any change in "your products" made by180 days after you acquire or form it; such vendor;b.Coverage A does not apply to "bodily injury" or "property damage" that occurred (3)Repackaging, unless unpacked solely for before you acquired or formed the the purpose of inspection, demonstration, organization; and testing, or the substitution of parts under instructions from the manufacturer, andc.Coverage B does not apply to "personal then repackaged in the original container;and advertising injury" arising out of an offense committed before you acquired or (4)Any failure to make such inspections, formed the organization.adjustments, tests or servicing as vendors agree to perform or normallyFor the purposes of Paragraph 1. of Section II undertake to perform in the regular– Who Is An Insured, each such organization course of business, in connection with thewill be deemed to be designated in the distribution or sale of "your products";Declarations as: Page 2 of 5 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D4 58 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or(5)Demonstration, installation, servicing or receiver for "bodily injury", "property damage" orrepair operations, except such operations "personal and advertising injury" that:performed at such vendor's premises in connection with the sale of "your a.Is "bodily injury" or "property damage" thatproducts"; or occurs, or is "personal and advertising injury" caused by an offense that is committed,(6)"Your products" that, after distribution or subsequent to the signing of that contract orsale by you, have been labeled or relabeled or used as a container, part or agreement; and ingredient of any other thing or substance b.Arises out of the ownership, maintenance orby or on behalf ofsuch vendor.use of the premises for which that mortgagee, assignee, successor or receiver is requiredCoverage under this provision does not apply to: under that contract or agreement to bea.Any person or organization from whom you included as an additional insured on thishave acquired "your products", or any Coverage Part.ingredient, part or container entering into, The insurance provided to such mortgagee,accompanying or containing such products; assignee, successor or receiver is subject to theor following provisions:b.Any vendor for which coverage as an a.The limits of insurance provided to suchadditional insured specifically is scheduled by mortgagee, assignee, successor or receiverendorsement. will be the minimum limits that you agreed toE. BLANKET ADDITIONAL INSURED –provide in the written contract or agreement,CONTROLLING INTEREST or the limits shown in the Declarations, 1.The following is added to SECTION II – WHO whichever are less. IS AN INSURED:b.The insurance provided to such person orAny person or organization that has financial organization does not apply to:control of you is an insured with respect to (1)Any "bodily injury" or "property damage"liability for "bodily injury", "property damage"that occurs, or any "personal andor "personal and advertising injury" that arises advertising injury" caused by an offenseout of:that is committed, after such contract or a.Such financial control; or agreement is no longer in effect; or b.Such person's or organization's (2)Any "bodily injury", "property damage" orownership, maintenance or use of "personal and advertising injury" arisingpremises leased to or occupied by you.out of any structural alterations, new construction or demolition operationsThe insurance provided to such person or performed by or on behalf of suchorganization does not apply to structural mortgagee, assignee, successor oralterations, new construction or demolition receiver.operations performed by or on behalf of such person or organization.G. BLANKET ADDITIONAL INSURED – GOVERNMENTAL ENTITIES – PERMITS OR2.The following is added to Paragraph 4.of SECTION II – WHO IS AN INSURED:AUTHORIZATIONS RELATING TO PREMISES This paragraph does not apply to any The following is added to SECTION II – WHO IS premises owner, manager or lessor that has AN INSURED: financial control of you.Any governmental entity that has issued a permit F. BLANKET ADDITIONAL INSURED –or authorization with respect to premises owned MORTGAGEES, ASSIGNEES, SUCCESSORS or occupied by, or rented or loaned to, you and OR RECEIVERS that you are required by any ordinance, law, building code or written contract or agreement toThe following is added to SECTION II – WHO IS include as an additional insured on this CoverageAN INSURED:Part is an insured, but only with respect to liability Any person or organization that is a mortgagee,for "bodily injury", "property damage" or "personalassignee, successor or receiver and that you and advertising injury" arising out of thehave agreed in a written contract or agreement to existence, ownership, use, maintenance, repair,include as an additional insured on this Coverage construction, erection or removal of any of thePart is an insured, but only with respect to its following for which that governmental entity has CG D4 58 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. COMMERCIAL GENERAL LIABILITY issued such permit or authorization: advertising services", first aid or "Good Samaritan signs, awnings, canopies, cellar entrances, coal services" to a person, unless you are in holes, driveways, manholes, marquees, hoist the business or occupation of providing away openings, sidewalk vaults, elevators, street professional health care services. banners or decorations.2.The following replaces the last paragraph of H BLANKET ADDITIONAL INSURED –Paragraph 2.a.(1)of SECTION II – WHO IS GOVERNMENTAL ENTITIES – PERMITS OR AN INSURED: AUTHORIZATIONS RELATING TO OPER-Unless you are in the business or occupationATIONSof providing professional health care services,The following is added to SECTION II – WHO IS Paragraphs (1)(a),(b),(c)and (d)above do AN INSURED:not apply to "bodily injury" arising out of Any governmental entity that has issued a permit providing or failing to provide: or authorization with respect to operations (a)"Incidental medical services" by any ofperformed by you or on your behalf and that you your "employees" who is a nurse, nurseare required by any ordinance, law, building code assistant, emergency medical technician,or written contract or agreement to include as an paramedic, athletic trainer, audiologist,additional insured on this Coverage Part is an dietician, nutritionist, occupationalinsured, but only with respect to liability for "bodily therapist or occupational therapyinjury", "property damage" or "personal and assistant, physical therapist or speech-advertising injury" arising out of such operations.language pathologist; orThe insurance provided to such governmental (b)First aid or "Good Samaritan services" byentity does not apply to: any of your "employees" or "volunteera.Any "bodily injury", "property damage" or workers", other than an employed or"personal and advertising injury" arising out of volunteer doctor. Any such "employees"operations performed for the governmental or "volunteer workers" providing or failingentity; or to provide first aid or "Good Samaritan b.Any "bodily injury" or "property damage"services" during their work hours for youincluded in the "products-completed will be deemed to be acting within theoperations hazard".scope of their employment by you or I. BLANKET ADDITIONAL INSURED –performing duties related to the conduct GRANTORS OF FRANCHISES of your business. The following is added to SECTION II – WHO IS 3.The following replaces the last sentence ofAN INSURED:Paragraph 5.of SECTION III – LIMITS OF INSURANCE:Any person or organization that grants a franchise to you is an insured, but only with respect to For the purposes of determining theliability for "bodily injury", "property damage" or applicable Each Occurrence Limit, all related"personal and advertising injury" arising out of acts or omissions committed in providing oryour operations in the franchise granted by that failing to provide "incidental medical person or organization.services", first aid or "Good Samaritan services" to any one person will be deemed toIf a written contract or agreement exists between be one "occurrence".you and such additional insured, the limits of insurance provided to such insured will be the 4.The following exclusion is added to minimum limits that you agreed to provide in the Paragraph 2.,Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILYwritten contract or agreement, or the limits shown INJURY AND PROPERTY DAMAGEin the Declarations, whichever are less. LIABILITY:J. INCIDENTAL MEDICAL MALPRACTICE Sale Of Pharmaceuticals1.The following replaces Paragraph b.of the "Bodily injury" or "property damage" arisingdefinition of "occurrence" in the out of the violation of a penal statute orDEFINITIONSSection: ordinance relating to the sale ofb.An act or omission committed in providing pharmaceuticals committed by, or with theor failing to provide "incidental medical knowledge or consent of, the insured. Page 4 of 5 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D4 58 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. COMMERCIAL GENERAL LIABILITY 5.The following is added to the DEFINITIONS a.$10,000; or Section:b.The amount shown in the Declarations of "Incidental medical services" means:this Coverage Part for Medical Expense Limit.a.Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or L. BLANKET WAIVER OF SUBROGATIONinstruction, or the related furnishing of The following is added to Paragraph 8.,Transferfood or beverages; or Of Rights Of Recovery Against Others To Us, b.The furnishing or dispensing of drugs or of SECTION IV – COMMERCIAL GENERAL medical, dental, or surgical supplies or LIABILITY CONDITIONS:appliances.If the insured has agreed in a contract or 6.The following is added to Paragraph 4.b.,agreement to waive that insured's right ofExcess Insurance, of SECTION IV –recovery against any person or organization, weCOMMERCIAL GENERAL LIABILITY waive our right of recovery against such person orCONDITIONS:organization, but only for payments we make This insurance is excess over any valid and because of: collectible other insurance, whether primary,a."Bodily injury" or "property damage" thatexcess, contingent or on any other basis, that occurs; oris available to any of your "employees" for b."Personal and advertising injury" caused by"bodily injury" that arises out of providing or an offense that is committed;failing to provide "incidental medical services" to any person to the extent not subject to subsequent to the execution of the contract orParagraph2.a.(1)of Section II – Who Is An agreement.Insured. M. CONTRACTUAL LIABILITY – RAILROADS K. MEDICAL PAYMENTS – INCREASED LIMIT 1.The following replaces Paragraph c.of the The following replaces Paragraph 7.of SECTION definition of "insured contract" in the III – LIMITS OF INSURANCE:DEFINITIONS Section: 7.Subject to Paragraph 5.above, the Medical c.Any easement or license agreement; Expense Limit is the most we will pay under 2.Paragraph f.(1)of the definition of "insuredCoverageCfor all medical expenses contract" in the DEFINITIONS Section isbecause of "bodily injury" sustained by any deleted.one person, and will be the higher of: CG D4 58 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. Do n o t a t t a c h t h i s for m t o a p o l i c y. I t i s for i n for m a t i o n a l u s e o n l y. Pacific Coast Sales & Service, Inc. Policy Number: 6308465L994 COMMERCIAL GENERAL LIABILITY EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN $2,000,000 A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. Pacific Coast Sales & Service, Inc. Policy Number: 6308465L994 THIS ENDORSEMENT CHA OLICY. PLEASE READ I EFULLYNGES THE P T CAR DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement i ies insurance pro ided under t folmod f v he lowing: COMMERC GENERAL L ITY VERA AIAL IABIL CO GE P RT SCHEDULE Designated jectPro Designated Pro General Aggregate(s):ject(s): A. 3. COVERAGE A.For al sums which the insured becomes legal Any payments made underlly obligated to pay as damages caused by "occur- for da or under formagesCOVERAGE C. rences" under , and med e shall reduce the DesiCOVERAGE A. (SECT IION )ical xpenses g- for al med e s caused by accidents un- nated Projec General Aggregate Lm forl ical xpense t i it der , which can be that designated "project". Such paymentsCOVERAGE C (SEC I I)TON attr only to operations at a single desig- shall not reduce the General Aggregate Limibutedit nated "project shown in the Schedule abo e:"vshown in the Declarat nor shall they re-ions duce any other Designated Pro Generalject1.A separate Designated Project General Ag-Aggregate Li it fo any other designatedmrgregate Li it app designated "pro-m lies to each "project" n in the dule abo e.show Sche vject" and that l m is equal to the amount of,iit the General Aggregate Li t shown in the The l m shown in the Declarations formi i its4. Each Declarat unless separateions,Designated Occurrence, Damage T Premises Reo nted Project General Ag T Yo and Me Expegregate(s) o u dical nseare sche continue tod- uled abo .ve apply. Howe instead o be subject tover, f ing the General Aggregate Li t shown in themi2.The Designated Project General Aggregate Declarat such li its will be subject to theions, mLi it is the most we will pay for the sum o almflapplicab Designated Project General Ag-ledamages under , exceptCOVERAGE A.gregate Li itm.damages because of "bodil in " or "prop-y jury erty damage inc in the "products- For al sums which the insured becomes legal" luded l lyB. comp operations hazard , and for med obligated to pay as damages caused by "occur-leted " i- cal expenses under , regar rences" under , andCOVERAGE C COVERAGE A. (SECT Id-ION ) less of the onumber f:for al med e s caused by accidents un-l ical xpense der , which cannotCOVERAGE C. (SEC ON I)TIa.Insureds;be attribu only to operations at a sing desited le g-b.Clai made or "suits" brought; orms nated "project shown in the Schedule abo e:"v c.Persons or organizations m ing cla msak i or bringing "suits". CG D2 11 01 04 Copyright, Tra elers Inde ity mpany, 2004 Page 1 oThe v mn Co f 2 COMMERC GENERAL L ITYIAL IABIL 1. COVERAGE A.Any payments made under v ded, any pa ments for da because ofi y mages for da or under for "bodily injury or "property damage" inc inmages " ludedCOVERAGE C. med e shall reduce the amount the "products-comp o erat hazard" willical xpenses leted p ions a ilab under the General Aggregate Lim reduce the Products Comp Operat Ag-va le it - leted ions or the Products Completed Operat Ag- gregate Li t, and not reduce the General Aggre-- ions mi gregate Li it ver is applic bm , whiche a le; and gate Li it nor the Designated Pro Generalm ject Aggregate Li itm.2.Such payments shall not reduce any Desig- nated Projec General Aggregate Lm .tiitE. Defi i-For the purposes of this endorsement the n tio Sections n is amended by the addit of theionC. 2. SEC ION I LI T OFPart of T II MI S INSURANCE fo lowing def itl in ion:is deleted and rep folaced by the llowing: "Projec " means an area away fro pre isestmm2.The General Aggregate Li i is the most wemt owned by or rented to you at which you are per-will for o :pay the sum f for ing oper t pursuant to a contract orm a ionsa. Coverage BDamages under ; and agreement. For the purposes of deter ing themin b.Damages f m "occurrences" under applicab aggregate li t o insurance, eachro le mi f COVERAGE A (SECT I)ION and for al "project" that includes prem in l i thelisesvovng med e caused by accidents same or connecting lots, or prem whose con-ical xpenses ises under which nection is interrupted only by a street, roadway,COVERAGE C ( T I)SEC ION cannot be attr buted only to operat at waterway or right of way of a railroad shall beiions -- considered a single "projec ".ta single designated "project" shown in the SCHEDULE abo e.v F. SEC ION I LIM T OFThe pro ons ofvisi TII IS D. INSURANCEW co erage for liabli arising out o the not otherwise modi ied by this en-hen v i ty f f dorsement shall to applycontinue as stipulated."products-comple operations hazard is pro-ted " Page 2 o Copyright, Tra elers Inde ity mpany, 2004f2 The v mn Co CG D2 11 01 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. H. HIRED AUTO PHYSICAL DAMAGE LOSS OFA. BROAD FORM NAMED INSURED USE INCREASED LIMITB. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE TRANSPORTATIONC. EMPLOYEE HIRED AUTO EXPENSES INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO LIMITED WORLDWIDE COV- LOSS ERAGE INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS this insurance applies and only to the extent thatA. BROAD FORM NAMED INSURED person or organization qualifies as an "insured"The following is added to Paragraph A.1.,Who Is under the Who Is An Insured provision containedAn Insured,ofSECTION II COVERED AUTOS in Section II.LIABILITY COVERAGE: C. EMPLOYEE HIRED AUTOAny organization you newly acquire or form dur- 1.The following is added to Paragraph A.1.,ing the policy period over which you maintain Who Is An Insured,ofSECTION II COV-50% or more ownership interest and that is not ERED AUTOS LIABILITY COVERAGE:separately insured for Business Auto Coverage. An "employee" of yours is an "insured" whileCoverage under this provision is afforded only un-operating an "auto" hired or rented under atil the 180th day after you acquire or form the or-contract or agreement in an "employee's"ganization or the end of the policy period, which-name, with your permission, while performingever is earlier.duties related to the conduct of your busi-B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c.in A.1.,2.The following replaces Paragraph b.in B.5., Who Is An Insured,ofSECTION II COVERED Other Insurance,ofSECTION IV BUSI- NESS AUTO CONDITIONS:AUTOS LIABILITY COVERAGE: b.For Hired Auto Physical Damage Cover-Any person or organization who is required under age, the following are deemed to be cov-a written contract or agreement between you and ered "autos" you own:that person or organization, that is signed and (1)Any covered "auto" you lease, hire,executed by you before the "bodily injury" or rent or borrow; and"property damage" occurs and that is in effect during the policy period, to be named as an addi-(2)Any covered "auto" hired or rented bytional insured is an "insured" for Covered Autos your "employee"under a contract inLiability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved . Includes copyrighted material of Insurance Services Office, Inc. with its permission. Pacific Coast Sales & Service, Inc. POLICY NUMBER: 8100N131223 B.BLANKET ADDITIONAL INSURED M.BLANKET WAIVER OF SUBROGATION B.BLANKET ADDITIONAL INSURED COMMERCIAL AUTO (2)In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-This coverage applies only in the event of a totaltry up to the minimum limits required by theft of your covered "auto".local law. Your failure to comply with No deductibles apply to this Personal Propertycompulsory insurance requirements will coverage.not invalidate the coverage afforded by K. AIRBAGSthis policy, but we will only be liable to the same extent we would have been liable The following is added to Paragraph B.3.,Exclu-had you complied with the compulsory in-sions,ofSECTION III PHYSICAL DAMAGEsurance requirements.COVERAGE: Exclusion 3.a.does not apply to "loss" to one or(d)It is understood that we are not an admit- more airbags in a covered "auto" you own that in-ted or authorized insurer outside the flate due to a cause other than a cause of "loss"United States of America, its territories set forth in Paragraphs A.1.b.and A.1.c.,butand possessions, Puerto Rico and Can-only:ada. We assume no responsibility for the furnishing of certificates of insurance, or a.If that "auto" is a covered "auto" for Compre-for compliance in any way with the laws hensive Coverage under this policy;of other countries relating to insurance.b.The airbags are not covered under any war- ranty; andG. WAIVER OF DEDUCTIBLE GLASS c.The airbags were not intentionally inflated.The following is added to Paragraph D.,Deducti- ble,ofSECTION III PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for anyCOVERAGE:one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT ORglass damage if the glass is repaired rather than LOSSreplaced.The following is added to Paragraph A.2.a.,of H. HIRED AUTO PHYSICAL DAMAGE LOSS OF SECTION IV BUSINESS AUTO CONDITIONS: USE INCREASED LIMIT Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap-The following replaces the last sentence of Para-plies only when the "accident" or "loss" is knowngraphA.4.b.,Loss Of Use Expenses,ofSEC-to:TION III PHYSICAL DAMAGE COVERAGE: (a)You (if you are an individual);However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of (b)A partner (if you are a partnership);$750 for any one "accident".(c)A member (if you are a limited liability com- I. PHYSICAL DAMAGE TRANSPORTATION pany); EXPENSES INCREASED LIMIT (d)An executive officer, director or insurance manager (if you are a corporation or other or-The following replaces the first sentence in Para-ganization); orgraphA.4.a.,Transportation Expenses,of SECTION III PHYSICAL DAMAGE COVER-(e)Any "employee" authorized by you to give no-AGE:tice of the "accident" or "loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION$1,500 for temporary transportation expense in-The following replaces Paragraph A.5.,Transfercurred by you because of the total theft of a cov-Of Rights Of Recovery Against Others To Us,ered "auto" of the private passenger type.of SECTION IV BUSINESS AUTO CONDI- TIONS:J. PERSONAL PROPERTY 5. Transfer Of Rights Of Recovery AgainstThe following is added to Paragraph A.4.,Cover- Others To Usage Extensions,ofSECTION III PHYSICAL DAMAGE COVERAGE:We waive any right of recovery we may have against any person or organization to the ex-Personal Property tent required of you by a written contractWe will pay up to $400 for "loss" to wearing ap-signed and executed prior to any "accident"parel and other personal property which is:or "loss", provided that the "accident" or "loss" arises out of operations contemplated by(1)Owned by an "insured"; and CA T3 53 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved . Includes copyrighted material of Insurance Services Office, Inc. with its permission. M.BLANKET WAIVER OF SUBROGATION COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentionalperson or organization designated in such error in, any information given by you shall notcontract.prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- lect additional premium or exercise our right ofThe following is added to Paragraph B.2.,Con-cancellation or non-renewal.cealment, Misrepresentation, Or Fraud,of SECTION IV BUSINESS AUTO CONDITIONS: © 2015 The Travelers Indemnity Compa ny. All rights reserved .CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1 SECOND AMENDMENT TO AGREEMENT 84 BETWEEN THE CITY OF CUPERTINO AND PACIFIC COAST TRAN SERVICE & CONTROLS COMPANY FOR MAINTENANCE & REPAIR OF TRANE EQUIPMENT AT VARIOUS CITY FACILITIES This Second Amendment to Agreement 84 between the City of Cupertino and Pacific Coast Trane Service & Controls Company, for reference dated May 13, 2019, is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Pacific Coast Trane Service & Controls Company, a corporation (“Contractor”) whose address is 310 Soquel Way, Sunnyvale, CA 94086- 4171, and is made with reference to the following: RECITALS: On May 13, 2019 Agreement 84 (“Agreement”) was entered into by and between City and Contractor for Maintenance & Repair of Trane Equipment at Various City Facilities. A. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: 3.1 Term. This contract begins on the Effective Date and ends on June 30, 2022 (“Contract Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK [SIGNATURES PAGE TO FOLLOW] 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date PACIFIC COAST TRANE SERVICE & CONTROLS COMPANY By Title Date EXPENDITURE DISTRIBUTION Item Expiration Date Amount Original Agreement June 30, 2020 $24,000.00 Amendment #1 June 30, 2021 $60,000.00 Amendment #2 June 30, 2022 $60,000.00 Donald Thomas Service MAnager Aug 10, 2021 Christopher D. Jensen Aug 10, 2021 Director of Public Works Aug 10, 2021 FIRST AMENDMENT TO AGREEMENT 19-079 BETWEEN THE CITY OF CUPERTINO AND PACIFIC COAST TRANE SERVICE & CONTROLS COMPANY FOR MAINTENANCE AND REPAIR OF TRANE EQUIPMENT This First Amendment to Agreement 19-079 between the City of Cupertino and Pacific Coast Trane Service & Controls Company, for reference dated 8/4/2020, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Pacific Coast Trane Service & Controls Company, a Corporation (“Contractor”) whose address is 310 Soquel Way, Sunnyvale, CA 94085-4101, and is made with reference to the following: RECITALS: A. On 5/13/2019, an agreement was entered into by and between City and Contractor (hereinafter "Agreement") for maintenance and repair of Trane equipment for the City of Cupertino. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. TERM Paragraph 3.1 of the Agreement is modified to read as follows: 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2021 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed (''NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 2. COMPENSATION Paragraph 4.1 of the Agreement is modified to read as follows: 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $ 60,000.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 3. The labor rates in the new Exhibit A-1, attached hereto, replace the labor rates listed in Exhibit A to the Agreement. 4. Exhibit B to the Agreement is replaced with the new Exhibit B, attached hereto. 5. Exhibit A-A, attached hereto, is added to the Agreement. 6. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title APPROVED AS TO FORM CONSULTANT By __________________________ Title _________________________ City Attorney ATTEST: City Clerk Donald Thomas General Manager Heather M. Minner Roger Lee Director of Public Works Aug 12, 2020 CONFIDENTIAL - EFFECTIVE: 8/1/2020 Pacific Coast Trane Service / Controls Labor Rates LABOR RATES STREET RATES Regular Hours - Mon-Fri 216.00$ /Hr Overtime Hours - Mon-Sat**320.00$ /Hr Overtime Mon-Sat Differential**104.00$ /Hr Premium Hours - Sun & Holidays**386.00$ /Hr Premium Sun & Holidays Differential**170.00$ /Hr ** OT/DT portal to portal travel time applies OUTSIDE San Francisco 2 Hour Minimum Service Charge*532.00$ 1/2 Day (incl Trip Charge*)964.00$ / 1/2 Day Full day (incl Trip Charge*)1,828.00$ / Day *Includes standard trip charge of $75.00/Day *Includes technology charge of $25.00/Job ** Premium time applies after 4 OT and may apply before 4pm San Francisco ONLY 2 Hour Minimum Service Charge*557.00$ 1/2 Day (incl Trip Charge*)989.00$ / 1/2 Day Full day (incl Trip Charge*)1,853.00$ / Day *Includes standard trip charge of $100.00/Day *Includes technology charge of $25.00/Job ** Premium time applies after 4 OT and may apply before 4pm TRIP/ TECHNOLOGY/ PER DIEM CHARGE Trip Charge 75.00$ / Day Trip Charge (San Francisco)100.00$ / Day Technology Charge (per job)25.00$ / Job Per Diem 300.00$ / Day Exhibit A-1 Revised: July 13, 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 the County’s Mandatory Directive for Construction Projects (attached hereto), as applicable. Further, as long as required by the operative Health Order or Mandatory Directive for Construction Projects, 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. Revised: July 13, 2020 – Public Works Contracts 2 2. Social Distancing Protocol. Fill out and submit the newest version of the Social Distancing Protocol to the County, using the County’s online form available at https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx. 3. 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 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. 4. Signage/Posters. As required, post or distribute (1) the most updated version of the COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet. 5. Face Coverings. Everyone at a job site must wear a face covering at all time, except children under the age of 2, people who are medically prevented from wearing a face covering, and for communication by or with people who are hearing impaired. 6. 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. c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 7. 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. 8. 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 Revised: July 13, 2020 – Public Works Contracts 3 personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 9. 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. 10. 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. 11. 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. 12. 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. F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction Projects, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). 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. Revised: July 13, 2020 – Public Works Contracts 4 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 Santa Clara County Mandatory Directive for Construction Projects 1228578.5 County of Santa Clara Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040 Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12 Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS *Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a difference between the local County Order and the State Order, the more restrictive order must be followed. The State also has specific guidance for certain facilities that must be followed in addition to this mandatory directive.* Issued: July 7, 2020 Information on the State’s Order and State guidance is available at covid19.ca.gov. While the construction industry is critical to ensuring a safe and sufficient supply of residential and commercial space, construction work can also pose significant risks to public health due to the COVID-19 pandemic. Because construction projects typically involve many workers actively working on a jobsite at the same time, often in close proximity to one another or sharing equipment, businesses and individuals performing and overseeing construction projects must take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and others. This Directive applies to all construction projects, but the restrictions vary by the size of the project, as specified below. “Construction project” means any work (including a public works project) carried out in connection with the construction, alteration, conversion, fitting-out, remodel, renovation, refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the preparation of a physical site for any such activity; and education or training at which any such activity is taught through onsite practice or experience. “Construction project” does not include architectural, design, financial, or administrative work related to a construction project, unless that work occurs at the construction jobsite. “Construction project” also does not include basic repair or maintenance work, which means a repair or maintenance job that requires no more than 2 workers and no more than 2 days and that is not architecturally, financially, or administratively associated with an active construction project. This Directive explains how construction projects may operate. This Directive is mandatory, and failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”). Construction projects must comply with the Order and all requirements of this Directive. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12 The Order Issued July 2 The Order imposes several restrictions on all businesses and activities to ensure that the County stays as safe as possible, including but not limited to the following: The Social Distancing Protocol: All businesses must fill out and submit the newest version of the Social Distancing Protocol to the County using the online form, available here. The Protocol is submitted under penalty of perjury, meaning that everything written on the form must be truthful and accurate to the best of the signer’s knowledge, and submitting false information is a crime. The Protocol must be distributed to all workers, and it must be accessible to all officials who are enforcing the Order. Businesses are responsible for ensuring that workers understand and are trained on Protocol requirements in a language that they understand. For any business that only performs services for dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its operation as a whole. For any business that has a facility, but also provides services at dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its own facility and provide that Protocol to the owners or operators of any facility where it operates.  Example: A construction company serves as a subcontractor on various jobsites throughout the County and also operates a base facility within the County, where it maintains its vehicles and equipment. The subcontractor must complete a Social Distancing Protocol for its base facility. It must also distribute the Protocol to the owners or operators of the jobsites to which it sends its workers. The subcontractor’s workers must be given a copy of, be trained on, and comply with the measures in both the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for any jobsite at which they are performing work. • Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2) a Social Distancing Protocol Visitor Information Sheet, and both must be posted prominently at all facility entrances. These are available for printing after submission of the Social Distancing Protocol online.  Businesses do not need to post these documents if they do not have their own facility or worksite and only perform services for dispersed facilities or worksites that the business does not own or operate. • Face Coverings: Everyone at a business facility or worksite must wear a face covering at all times (except very young children, people for whom face coverings are medically inadvisable, or for communication by or with people who are hearing impaired). Face coverings must be worn even while working at a construction project. Workers do not need to wear face covering if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12 • Density Limitation: All businesses must limit the number of people who may be inside the facility at the same time. For staff members, the limit is 1 person per 250 gross square feet of indoor facility space (this means total space, including areas open only to staff like storage rooms). For members of the public, the limit is 1 person per 150 square feet of space open to the public. The density requirements tell businesses how many people (staff or clients) they can let inside the facility before another person leaves. Children under 12 who are accompanying a parent or guardian do not count against the limit, but everyone age 12 and over does. This Directive describes a limited exception to the density limitation applicable only to construction project jobsites. See the Order and the FAQ page for more details. In addition to these general requirements applicable to all businesses under the Order, construction projects must comply with the following directives. Construction Projects on Own Residence Exempted This Directive does not apply to construction projects where a person is performing construction on their current residence alone or solely with members of their own household. Rules for Single-Worker Construction Projects This section lists the requirements for construction projects performed by only 1 worker, such as someone who is working alone on a kitchen remodel project. This section for single-worker projects does not apply to construction projects that involve multiple workers, even if only 1 worker is at the jobsite at any time; those projects must follow the Rules For All Construction Projects, which are listed in the next section. a. If the worker is working for a business, the worker must comply with the Social Distancing Protocol of that business. b. The worker must maintain 6 feet of social distance from all other people at all times, including when entering and leaving the work area or building. c. The worker must use and properly wear face coverings. In addition, the worker must wear other personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, and/or face shields. d. To the extent possible, the worker must seal off the work area so that there is a barrier between the worker and any other people in the building. For example, a worker performing construction in the hallway of a residence must install a barrier (such as plastic sheeting) between the area where the worker is working and the rest of the hallway. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12 e. The worker must frequently wash hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. f. The worker must not work or come to the jobsite if the worker has a fever, cough, or any other COVID-19 symptoms. g. The worker must maintain records of the dates and times the worker was at the jobsite and must make those records immediately available upon request to any County official. h. If the worker tests positive for COVID-19, the worker must notify the County Public Health Department within 4 hours of learning of the positive result by following the instructions at www.sccsafeworkplace.org. Rules for All Construction Projects (Except Single-Worker Construction Projects) This section lists requirements for all construction projects (other than single-worker construction projects). *Note: Large Construction Projects must also follow additional requirements, which are described beginning on page 9.* 1. Responsibilities of the General Contractor and Subcontractors a. The business with the responsibility to oversee a construction project, described in this Directive as the “General Contractor,” must complete and submit a Social Distancing Protocol specific to the construction project jobsite. (The General Contractor may also need to submit social distancing protocols for its base facility or for other jobsites subject to this Directive.) b. The General Contractor is responsible for ensuring that all work and operations at the construction jobsite is performed in compliance with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite-specific Social Distancing Protocols for the same site, but the General Contractor must not allow any subcontractor onto the jobsite unless that subcontractor has given the General Contractor a signed certification that: i. the subcontractor has reviewed the Order and this Directive and will comply with them; Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12 ii. the subcontractor has reviewed the General Contractor’s jobsite-specific Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Social Distancing Protocol covering its operations, and has provided a copy of that Protocol to the General Contractor. 2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases a. Whenever the General Contractor learns that a person who has tested positive for COVID-19 was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic, the General Contractor must immediately implement the jobsite-specific Social Distancing Protocol’s procedures for when a person tests positive for COVID-19. All positive cases must be reported by following the instructions at www.sccsafeworkplace.org. b. All subcontractors must immediately (within 1 hour, regardless of the time of day) alert the General Contractor as soon as they learn that an employee has tested positive who is currently at the jobsite, or who was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic. This reporting requirement is in addition to the subcontractor’s own reporting requirements under the Order and the procedures in the subcontractor’s Social Distancing Protocol. 3. Cleaning After Positive Case Identified Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any location where the infected worker was known to have been present must be immediately closed and sanitized. Work in these locations must cease until sanitization is complete. 4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following All Legal Requirements a. The General Contractor must ensure that everyone at the jobsite—including its own workers, the subcontractors’ workers, and visitors—complies with the Order, this Directive, the jobsite-specific Social Distancing Protocol, and any other laws and regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what different laws require, the strictest standard applies. b. The General Contractor’s responsibility for ensuring jobsite compliance under this paragraph 4 does not, however, relieve any subcontractors of their own responsibilities under the Order, their Social Distancing Protocol, this Directive, and all other applicable laws and regulations. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12 c. Any worker, or any subcontractor, may file a complaint that the General Contractor has not complied with the Order, this Directive, or the jobsite-specific Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed through the County Office of Labor Standards Enforcement Advice Line (866-870-7725) or website (www.sccfairworkplace.org). 5. Designated COVID-19 Supervisor(s) a. The General Contractor must designate a site-specific COVID-19 Supervisor or Supervisors to enforce the jobsite-specific Social Distancing Protocol and this Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite at all times during construction activities. The COVID-19 Supervisor may be an on-site worker who is designated to serve in this role. The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID-19 Supervisor(s) by name and providing their phone number and email address. b. The designated COVID-19 Supervisor(s) must review this Directive and the jobsite-specific Social Distancing Protocol with all workers and other persons at the jobsite. The General Contractor is responsible for making sure this occurs. c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite of all requirements in this Directive, the jobsite-specific Social Distancing Protocol, and the Order. 6. Seal Off Area of Construction Project from Other Parts of Occupied Sites Where construction work occurs within an occupied residential or commercial building, all of the following rules apply: a. Work areas must, to the extent feasible, be sealed off from the remainder of the building (and from the remainder of the unit, if work is performed within a residential unit) with physical barriers such as plastic sheeting or closed doors sealed with tape. b. If possible, workers must access the work area from entry/exit door(s) different from the entry/exit door(s) used by residents or occupants accessing the remainder of the building that is not under construction. c. Available windows and/or doors must be used to ventilate the work area during the workday and any other times work is performed. d. If residents or occupants have access to the work area between workdays, the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12 work area must be cleaned and sanitized at the beginning and at the end of workdays. e. Every effort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distancing at all times. 7. Personal Protective Equipment (PPE) The General Contractor must obtain, provide at no cost to workers, and require that all workers use personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. Face coverings must be worn in compliance with the State’s mandatory Guidance for the Use of Face Coverings and any additional directives issued by the County Health Officer. At no time may medical-grade PPE be used at a construction site unless it is required due to the medical nature of the jobsite or local, state, or federal workplace safety requirements. 8. Social Distancing, Sanitizing, and other Measures a. The General Contractor must: i. Ensure compliance at the jobsite with the Order’s density limitations except to the extremely limited extent a higher density is temporarily necessary to safely carry out a specific job function. 1. The density limitations apply to all indoor areas where construction work is actively being performed. Density limitations do not apply to staging areas or lay-down areas that are separate from the area where construction work is actively being performed. ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce density and allow for easy maintenance of minimum 6-foot distancing. Staggered shifts and breaks must comply with applicable wage and hour laws. 1. All persons must maintain minimum 6-foot distancing except to the extremely limited extent shorter distances are temporarily necessary to safely carry out a specific job function. iii. Eliminate or resolve “choke points” and “high-risk areas” where workers are unable to maintain 6-foot social distancing. The General Contractor must prohibit or limit use of these areas to ensure that 6-foot distance can easily be maintained between individuals. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12 iv. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. v. Prohibit gatherings of any size on the jobsite (except for meetings required by this Directive), including gatherings for breaks or eating. Sharing of any food or beverage is strictly prohibited. vi. Cal-OSHA requires employers to provide water. Water must be provided in single-serve containers. vii. Prohibit use of microwaves, water coolers, and other similar shared equipment. b. Workers must: i. Unless strictly necessary to carry out a job function, maintain at all times at least 6-foot social distancing from fellow workers and all site visitors, including delivery workers, design professionals and other project consultants, government agency representatives (including building and fire inspectors), and residents at residential construction sites. ii. Not carpool to and from the jobsite except with others living within the same household unit, or if necessary because they have no alternative means of transportation. If workers from different households must carpool, they must wear face coverings while riding together in the same vehicle, sit at the greatest distance possible, and maintain ventilation by keeping windows open as feasible. 9. Notice for Workers and Visitors of Required Practices The General Contractor must prominently post a notice at all entrances to the jobsite visible to all workers and visitors instructing workers and visitors to do the following: a. Do not touch your face with unwashed hands or with gloves. b. If equipment is shared, it must be fully sanitized before and after each use. c. Wash your hands often with soap and water for at least 20 seconds each time, or use hand sanitizer with at least 60% alcohol. d. Clean and disinfect objects and surfaces you touch often, such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12 cough or sneeze into your elbow/sleeve – never into your hands. f. 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. g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessary to get closer to complete a task for the construction project. h. Do not carpool to and from the jobsite with anyone except members of your own household, or if necessary because you have no alternative means of transportation. If you carpool with people from another household, you must wear a face covering while riding together in the same vehicle. i. Do not share phones or PPE. Posters conforming to this requirement are available for download at https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx. 10. Cooperate with County’s Case Investigation and Contact Tracing Efforts The General Contractor must maintain a daily attendance log of all workers and visitors at the jobsite that includes contact information (including name, phone number, address, and email) and the date, time, and duration of each person’s presence at the jobsite. If someone on the jobsite tests positive for COVID-19, the General Contractor is legally required to assist the County Public Health Department in any case investigation and contact tracing efforts. 11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant industry-specific guidance published by the California Department of Public Health, and other relevant rules or guidance. The General Contractor must inform all jobsite supervisors (including the designated COVID-19 Supervisor(s), all field supervisors, foremen, and safety directors) and all subcontractors of any revisions or additions to the requirements for construction projects. Additional Rules for Large Construction Projects This section describes additional requirements that apply only to Large Construction Projects. 12. What is a Large Construction Project? A “Large Construction Project” is a construction project that meets any of the following Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12 specifications: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; or b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; or c. For mixed-use construction projects, any construction project that meets either of the specifications above in Subparagraphs (a) and (b); or d. Any infrastructure project that requires 20 or more workers at the jobsite at any one time. 13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation Responsibilities a. The designated COVID-19 Supervisor must: i. Conduct daily briefings in person (with proper social distancing) or by teleconference that must cover the following topics: 1. New jobsite rules and pre-jobsite travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitizing and hygiene procedures. 3. Worker feedback on improving safety and sanitizing. 4. Coordination of construction site daily cleaning/sanitization requirements. 5. Any newly available information regarding COVID-19. 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. ii. Each day, verify and record verification that each jobsite is compliant with this Directive. The General Contractor must collect each written verification, store them for at least 1 year, and make them immediately available upon request to any County official. iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive: Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12 1. Develop a remediation plan; 2. If any non-compliance is identified, ensure that the remediation plan is implemented, and post the remediation plan at all entrances to the jobsite during the remediation period; 3. Stop any construction activity until the jobsite is back in compliance; and 4. Report repeated non-compliance with this Directive to the appropriate jobsite supervisors and the permitting agency for the local government where the project is located. b. The General Contractor is responsible for making sure the designated COVID-19 Supervisor takes all of these steps. 14. Jobsite Safety Accountability Supervisor (JSAS) The General Contractor must assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must be trained in the requirements in this Directive and the jobsite-specific Social Distancing Protocol and must verify compliance with those requirements, including by visual inspection and random interviews with workers. The JSAS must inspect the jobsite as often as needed to ensure consistent compliance, but not less than once per week. The JSAS must inspect the jobsite during normal construction hours. a. The General Contractor must prominently post a sign at all entrances to the jobsite visible to all workers and visitors that clearly identifies the JSAS for the jobsite by name and providing their phone number and email address. b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this Directive. The written assessment must be copied, stored, and, produced upon request to the County or local permitting agency. c. If the JSAS discovers that a jobsite is not in compliance with this Directive and the jobsite-specific Social Distancing Protocol, the JSAS must work with the designated COVID-19 Supervisor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite-specific Social Distancing Protocol. The JSAS must make sure that the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12 work activity does not resume until the noncompliance is fixed and the continuing work is compliant with this Directive. e. The remediation plan must be sent to the local permitting agency and a designated County official within 5 calendar days of the JSAS’s discovery of the failure to comply. 15. Translation for Non-English-Speaking Workers The General Contractor must translate (and, where otherwise required, post) all of the following documents as necessary to ensure that all non-English-speaking workers are able to understand the documents: a. The Notice for Workers and Visitors of Required Practices described in Paragraph 9 (on page 8). b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11). Stay Informed For answers to frequently asked questions about this industry and other topics, please see the FAQ page. Please note that this Directive may be updated. For up-to-date information on the Health Officer Order, visit the County Public Health Department’s website at www.sccgov.org/coronavirus. 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. PACICOA-08 MICHAELA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 04/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFO RDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDI TIONAL INSURE D provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 22�I�cT Tori Young rit:RNJo, Ext): (925) 660-1397 I FAX (A/C, No): ic%��ss: Tori.Young@ioausa.com I NSURER(fil AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Company of America I 2557 4--:;z\}t-INSURER e : Travelers Indemnity Company of Connecticut . 2568'2 � INSURED Pacific Coast Sales & Service, Inc. dba Pacific Coast Trane Service Company INSURER C: and Pacific Coast Trane Controls Company INSURER D: 310 Soquel Way INSURER E: Sunnyvale, CA 94085 I N SURER F: COVERAGES CERTIFICATE NUMBER" REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR A X COMMERCIAL GENERAL LIABILITY� =i CLAIMS-MADE [KJ OCCUR � GEN'L AGGREGATE LIM IT APPLIES PER: R POLICY [KJ �r8r O LOG OTHER: B Flrooo•ce u,.uTI X ANY AUTO -rn H ""'°""" AUTOS ONLY AUTOS HIRED NON-WNED AUTOS ONLY AUTO� ONLY ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP IN SD WVD IMM/DD/YYYYI IMM/DD/YYYYI / X X Y6308465L994TIL 19 04/01/2019 04/01/2020 X 8100N 13122319 � 04/01/2019 04/01/2020 LIMITS EACH OCCURRENCE $ 1,000,000 ��[f;�J9E��J�nce\ $ 300,000 MED EXP /Anv one oersonl $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 Deductible $ 0 CO M BINED SINGLE LI MIT 1,000,000 (Ea accident) $ BODILY INJURY /Per oersonl $ BODILY INJURY /Per accidentl $ fp�9�tc�leit?AMAGE $ $ � ._/ ../ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 24,000,000 v EXCESS LIAB CLAIMS-MADE CUP2J92282219 04/01/2019 04/01/2020 AGGREGATE $ 24,000,000 OED I X I RETENTION$0 $ A WORKERS COMPENSATION XI �.\'fruTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X UB5K37551A19 04/01/2019 04/01/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EACH ACCIDENT $ filFICER/ME MBER EXCLUDED? N/A 1,000,000 ( andatory in NH) E.L. DISEASE - EA E MPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Equipment Floater 6608284R378 04/01/2019 04/01/2020 Limt 150,000 A Installation Floater 6608284R378 04/01/2019 04/01/2020 Ded $1,000; Limit 1,500,000 DESCRIPTIO N OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Cupertino Public Works T he City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are Additional Insureds on Primary & Non-Contributory basis as respects to General Liability, as required by written contract. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation as required by written contract. CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue C C ACORD 25 (2016/03) 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. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / Pacific Coast Sales & Service, Inc. Policy Number: 6308465L994 / COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Include s Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a.With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b.If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a.If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section Ill -Limits Of Insurance. b.The insurance provided to such additional insured does not apply to: (1)Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b)Supervisory, inspection, architectural or engineering activities. (2)Any "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c.The additional insured must comply with the following duties: (1)Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a)How, when and where the "occurrence" or offense took place; (b)The names and addresses of any injured persons and witnesses; and (c)The nature and location of any injury or damage arising out of the "occurrenc e" or offense. (2)If a claim is made or "suit" is brought against the additional insured: CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 .. COMMERCIAL GENERAL LIABILITY (a)Immediately record the specifics of the claim or "suit" and the date received; and (b)Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. [3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4)Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV -Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 0419 t- Pacific Coas �ales & Servic Inc. Policy Nu COMMERCIAL GENERAL LIABILITY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. Howev er, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Who Is An Insured -Unnamed Subsidiaries B.Who Is An Insured -Employees And Volunteer Workers -Bodily Injury To Co-Employees And Co-Volunteer Workers C.Who Is An Insured -Newly Acquired Or Formed Limited Liability Companies D.Blanket Additional Insured -Broad Form Vendors E.Blanket Additional Insured -Controlling Interest F.Blanket Additional Insured -Mortgagees, Assignees, Successors Or Receivers G.Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Premises PROVISIONS A.WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a.You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b.Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury " caused by an offense committed: H.Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Operations I.Blanket Additional Insured -Grantors Of Franchises J.Incidental Medical Malpractice K.Medical Payments -Increased Limit L.Blanket Waiver Of Subrogation M.Contractual Liability -Railroads a.Before you maintained an ownership interest of more than 50% in such subsidiary; or b.After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II -Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a.A limited liability company; b.An organization other than a partnership, joint venture or limited liability company; or c.A trust; as indicated in its name or the documents that govern its structure. CG D4580219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY B.WHO IS AN INSURED -EMPLOYEES AND VOLUNTEER WORKERS -BODILY INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II-WHO IS AN INSURED: 3.Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only: (1)Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2)Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II -Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a.A limited liability company; b.An organization, other than a partnership, joint venture or limited liability company; or c.A trust; as indicated in its name or the documents that govern its structure. D.BLANKET ADDITIONAL INSURED -BROAD FORM VENDORS The following is added to SECTION II -WHO IS AN INSURED: Any person or org anization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a.Occurs subsequent to the signing of that contract or agreement; and b.Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a.The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreeme nt, or the limits shown in the Declarations, whichever are less. b.The insurance provided to such vendor does not apply to: (1)Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2)Any change in "your products" made by such vendor; (3)Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (4)Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; Page 2 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 58 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission (5)Demonst ration, installation, servicing or repair operations, except such operations performed at such vendor's premises in conne ction with the sale of "your produ cts"; or (6)"Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance ·by or on behalf of such vendor. Coverage under this provision does not apply to: a.Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b.Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. E.BLANKET ADDITIONAL CONTROLLING INTEREST INSURED 1.The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a.Such financial control; or b.Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2.The following is added to Paragraph 4. of SECTION II -WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. F.BLANKET ADDITIONAL INSURED MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a.Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b.Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a.The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed toprovide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b.The insurance provided to such person or organization does not apply to: (1)Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2)Any "bodily injury", "property damage" or "personal and advertising injury" arisingout of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. G.BLANKET ADD ITIONAL INSURED GOVERNMENTAL ENTITIES -PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has CG D4 58 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission I- r COMMERCIAL GENERAL LIABILITY issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES -PERMITS OR AUTHORIZATIONS RELATING TO OPER ATIONS The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily inj ury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a.Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products-completed operations hazard". BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that grants a franchise to you is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured, the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. J. INCID ENTAL MEDICAL MALPRACTICE 1.The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b.An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2.The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a)"Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, occupational therapist or occupational therapy assistant, physical therapist or speech language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. Page 4 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 58 0219 Includes copyrighted material of Insurance Services Office, Inc. with its permission r 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x-rayor nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITYCONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is AnInsured. K.MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTIONIll -LIMITS OF INSURANCE: 7.Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay underCoverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: COMMERCIAL GENERAL LIABILITY a.$10,000; or b.The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L.BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. M.CONTRACTUAL LIABILITY -RAILROADS 1.The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. CG D4 58 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d.Primary And Non:Contrillutory Insurance I Required By W -n Co r If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6.Representations By accepting this policy, you agree: Pacific c��a�Policy Nt:: 6308465L994 ) a.The statements i�r� are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or non renewal in accordance with applicable insurance laws or regulations. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8.Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. © 2017 The Travelers Indemnity Company. All rights reserved. CG T100 0219 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Pacific CoastFSales & Service, filC. Policy Numb r: 6308465L9o/ � COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A.For all sums which the insured becomes legallyobligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated "project" shown in the Schedule above: 1.A separate Designated Project General Aggregate Limit applies to each designated "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are scheduled above. 2.The Designated Project General AggregateLimit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "property damage" included in the "productscompleted operations hazard", and for medical expenses under COVERAGE C, regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claimsor bringing "suits". Designated Project General Aggregate(s): $2,000,000 .... 3.Any payments made under COVERAGE A.for damages or under COVERAGE C. for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. B.For all sums which the insured becomes legallyobligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single designated "project" shown in the Schedule above: CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1.Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag gregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig nated Project General Aggregate Limit. C.Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2.The General Aggregate Limit is the most we will pay for the sum of: a.Damages under Coverage B; and b.Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D.When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag gregate Limit, and not reduce the General Aggre gate Limit nor the Designated Project General Aggregate Limit. E.For the purposes of this endorsement the Defini tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F.The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 r Pacific Coast Sales & Service, Inc. POLICY NUMBER: 8100N131223 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.BROAD FORM NAMED INSURED B.BLANKET ADDITION.Al INSURED C.EMPLOYEE HIRED AUTO D.EMPLOYEES AS INSURED E.SUPPLEMENTARY PAYMENTS -INCREASEDLIMITS F.HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G.WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A.BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un til the 18oth day after you acquire or form the or ganization or the end of the policy period, which ever is earlier. B.BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.,Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. I. J. K. L. M. N. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C.EMPLOYEE HIRED AUTO 1.The following is added to Paragraph A.1.,Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi ness. 2.The following replaces Paragraph b. in 8.5.,Other Insurance, of SECTION IV -BUSINESS AUTO CONDITIONS: b.For Hired Auto Physical Damage Cover age, the following are deemed to be cov ered "autos" you own: (1)Any covered "auto" you lease, hire, rent or borrow; and (2)Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in surance requirements. (d)It is understood that we are not an admit ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G.WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H.HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para graph A.4.b., Loss Of Use Expenses, of SEC TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I.PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in curred by you because of the total theft of a cov ered "auto" of the private passenger type. J.PERSONAL PROPERTY The following is added to Paragraph A.4., Cover age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap parel and other personal property which is: (1)Owned by an "insured"; and COMMERCIAL AUTO (2)In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K.AIRBAGS The following is added to Paragraph 8.3., Exclu sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a.If that "auto" is a covered "auto" for Compre hensive Coverage under this policy; b.The airbags are not covered under any war- ranty; and c.The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L.NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CON DITIONS: Your duty to give us or our authorized representa tive prompt notice of the "accident" or "loss" ap plies only when the "accident" or "loss" is known to: (a)You (if you are an individual); (b)A partner (if you are a partnership); (c)A member (if you are a limited liability com pany); (d)An executive officer, director or insurance manager (if you are a corporation or other or ganization); or (e) Any "employee" authorized by you to give no tice of the "accident" or "loss". M.BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI TIONS: 5.Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N.UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How ever this provision does not affect our right to col lect additional premium or exercise our right of cancellation or non-renewal. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. .... TRAVELERSJ ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-5K37551A J WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2. 00 % of the California workers' compensation pre mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER INCLUDING, KBS SOR II OAKLAND CITY CENTER LLC INCLUDING: KBS SOR II OAKLAND CITY CENTER LLC; SFF MEC, LLC, SFF II REIT, LLC, SFF REALTY FUND II, LP, PSAI REALTY PARTNERS, II, LLC, (OWNER) AND CBRE, INC. (MANAGER); SPUS8 2100 POWELL, LP AND CBRE, INC., INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES AND MANAGING AGENTS. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: Policy No. Endorsement No. Premium Countersigned by ____________ _ ST ASSIGN: Page 1 of 1 First Amendment - City of Cupertino and Pacific Coast Trane Final Audit Report 2020-08-12 Created:2020-08-05 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA8WuI6nbY7lVkpE5XOTKT7MoejVbSnorO "First Amendment - City of Cupertino and Pacific Coast Trane" H istory Document created by Julia Kinst (juliak@cupertino.org) 2020-08-05 - 10:06:51 PM GMT- IP address: 64.178.242.16 Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-08-05 - 10:09:56 PM GMT - Time Source: server- IP address: 64.178.242.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-08-05 - 10:09:59 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-08-06 - 0:33:52 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Donald Thomas (dave.werolin@trane.com) for signature 2020-08-06 - 0:33:54 AM GMT Email viewed by Donald Thomas (dave.werolin@trane.com) 2020-08-10 - 3:35:22 PM GMT- IP address: 47.35.5.167 Document e-signed by Donald Thomas (dave.werolin@trane.com) Signature Date: 2020-08-10 - 3:37:47 PM GMT - Time Source: server- IP address: 169.130.234.24 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-08-10 - 3:37:50 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-08-12 - 8:47:03 PM GMT- IP address: 45.41.142.119 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-08-12 - 8:47:28 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Roger Lee (rogerl@cupertino.org) for signature 2020-08-12 - 8:47:31 PM GMT Email viewed by Roger Lee (rogerl@cupertino.org) 2020-08-12 - 9:29:23 PM GMT- IP address: 104.47.74.126 Document e-signed by Roger Lee (rogerl@cupertino.org) Signature Date: 2020-08-12 - 9:30:25 PM GMT - Time Source: server- IP address: 67.164.104.249 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-08-12 - 9:30:27 PM GMT Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-08-12 - 9:32:15 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Roger Lee (rogerl@cupertino.org), Julia Kinst (juliak@cupertino.org), Heather M. Minner (minner@smwlaw.com), Araceli Alejandre (aracelia@cupertino.org), and 2 more 2020-08-12 - 9:32:15 PM GMT CITY OF m PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1.PARTIES This public works contract ("Contract") is made and entered into on _M_ay..__1_3..,_, _2_0_19 _____ _ ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Pacific Coast Trane Service & Controls Company , a Corporation ("Contractor") for maintenance and repair of Trane equipment for the City of Cupertino. 2.SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3.TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2020 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed (''NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $ 24,000.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000/Rev. Jan. 02, 2019 Page 1 of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5.INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C20 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6.CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the suppotiing documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7.ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 2 of 11 8.PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval 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 25 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10.RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HY AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 3 of 11 11.INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a)Breach of contract, obligations, representations or warranties; (b)Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c)Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d)Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B.Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 4 of 11 13.COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a)Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i)Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii)Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii)Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department oflndustrial Relations ("DIR"); (iv)Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b)Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. ( c)As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 5 of 11 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 l 090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14.BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15.UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a)Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class Ill disposal site pursuant to law; (b)Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 6 of 11 t- (c)Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16.URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a)Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from 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 off site in lawful manner; (d)After breaking old pavement, remove debris to avoid contact with rainfall/runoff; ( e)Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 7 of 11 I l 17.PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Dave Werolin -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18.ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19.GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Com1 of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Paiiies 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. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 8 of 11 21.SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22.THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23.WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26.WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's 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. 27.ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28.SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28.SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 9 of 11 i 29.INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30.CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31.COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20.NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Ken Tanase To Contractor: Pacific Coast Trane Service & Controls Company Attention: Dave Werolin---------------------------Copy to: Carl Valdez Email: kent@cupe1tino.org 30.VALIDITY OF CONTRACT Copy to: Email: Dave.Werolin@trane.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32.EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 10 ofl I t- IN WlTNESS WHEREOF. lhe parties have caused this Conlract lo be executed as or lhe Execu tion Date first above written. CONTRACTOR Pacific Coast Trane Service & Controls Company Comoration . . ,, -:,s----·-- -(---.. z .. � By:··. l�{ ·,/ �">'.!-,,-/{ D6nald Thomas Title: General Service Manager S ignaturc Date: �4�/1�6=/2�0�19 ______ _ APPROVED AS TO FORM: By: HEATHER M. MINNER Cupertino City Attorney ATTEST: CITY OF CUPERTINO, a Municipal Corporation --?�. By: ,,.<-_._ . :.___ ·Tit��n, 83� �r L.e·-e.., AWV'0 Tit!e�Director of Public Works Signature Date: ___ -�%_-�$-___ _ By �-'A.. 2�1 vJ-)-:1Z 19GRACF. SCHMIDT, Cit y Clerk Public Works Project Trane Equipment and Controls Maintenance and Repairs Public Works Contract $60,000 /Rev. Jan. 02. 2019 Page 11 of 11 Pacific Coast Trane Service & Controls Company Repair & Maintenance to Trane Controls Proposal Amount $ 24,000.00 Description Provide service and maintenance to Trane controls. Account# unencumbered Proposal Amount Description Account# Proposal Amount Description Account# U nforeseeables/Extras SUBTOTAL Contingency CONTRACT TOTAL PW Supervisor $ $ $ A-k �icYwi-V UJV/1mu11) �kl� {;,htvj 24,000.00 24,000.00 Ken Tanase Pacific Coast Trane Service Trane Authorized Warranty Service April 3, 2019 EXH I BIT 11A11 310 Soquel Way Sunnyvale, CA 94085-4101 408.481.3700 24 Hours 408.481.3666 Fax Mr. Ken Tanase City of Cupertino Fleet & Facilities Supervisor 10555 Mary Avenue Cupertino, California 95014 Subject: PACIFIC COAST TRANE SERVICE LABOR RATES Dear Ken: Pacific Coast Trane Service (PCTS) will provide troubleshooting and repairs for the Trane Tracer Summit building automation system for the City of Cupertino. All work, unless specifically quoted, will be performed on a time and material basis. While our current labor rates are specified below, a union labor rate increase is expected in July, 2019. Once we receive the labor rate increase a new rate sheet will be provided to cover July 2019 -July 2020. Current Labor Rates Regular Hours -Monday to Friday 8AM to 4:30PM After Hours -Monday to Friday and Saturday Sunday & Holidays Truck Charge Technology Charge 2-Hour Minimum on all Service Calls $210.00/per hour $310.00/per hour $375.00/per hour $75.00/per day $25.00/day These rates are effective as of July 1, 2019, but are expected to change in July, 2019. The new labor rates will be submitted as soo n as they are established. Customers who have a preventive maintenance agreement in place receive a 10% discount from the current labor rate at the time of service. If you have any questions or require additional information, please contact me at (408) 481-3669 (office), (408)857-9127 (cellular) or dave.werolin@trane.com . My fax number is (408) 481-3666. You can also reach our EBS Sales Assistant, Minh Banh, at (408) 481-3736. Thank you for the opportunity to be of service. Sincerely, PACIFIC COAST TRANE SERVICE flWu!:__ Dave Werolin Account Manager -Service Sales Existing Building Systems Contractors License CA 465656 'PUBLIC WORKS CONSTRUCTION CONTRACTS 'Small Projects -$60,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCECoverage shall be at least as broad as: V1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an \\ ·1,1t\ "occurrence" basis, written on a comprehensive general liability form, and must inciude coverage for liabilityW \ 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 }&'2 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 \y'' 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 and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 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. D N/A if box checked (Contractor provides written verification it has no employees). -4.Pro�ional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. J.2Sl 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.gf N/A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 6.Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no l�han $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. � NIA if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1)Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage v' / 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: Jan. 2019 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation 1 /it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire II 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 -� Insu rance 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. insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 3 PACICOA-08 MICHAELA ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 04/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFO RDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDI TIONAL INSURE D provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 22�I�cT Tori Young rit:RNJo, Ext): (925) 660-1397 I FAX (A/C, No): ic%��ss: Tori.Young@ioausa.com I NSURER(fil AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Company of America I 2557 4--:;z\}t-INSURER e : Travelers Indemnity Company of Connecticut . 2568'2 � INSURED Pacific Coast Sales & Service, Inc. dba Pacific Coast Trane Service Company INSURER C: and Pacific Coast Trane Controls Company INSURER D: 310 Soquel Way INSURER E: Sunnyvale, CA 94085 I N SURER F: COVERAGES CERTIFICATE NUMBER" REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR A X COMMERCIAL GENERAL LIABILITY� =i CLAIMS-MADE [KJ OCCUR � GEN'L AGGREGATE LIM IT APPLIES PER: R POLICY [KJ �r8r O LOG OTHER: B Flrooo•ce u,.uTI X ANY AUTO -rn H ""'°""" AUTOS ONLY AUTOS HIRED NON-WNED AUTOS ONLY AUTO� ONLY ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP IN SD WVD IMM/DD/YYYYI IMM/DD/YYYYI / X X Y6308465L994TIL 19 04/01/2019 04/01/2020 X 8100N 13122319 � 04/01/2019 04/01/2020 LIMITS EACH OCCURRENCE $ 1,000,000 ��[f;�J9E��J�nce\ $ 300,000 MED EXP /Anv one oersonl $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 Deductible $ 0 CO M BINED SINGLE LI MIT 1,000,000 (Ea accident) $ BODILY INJURY /Per oersonl $ BODILY INJURY /Per accidentl $ fp�9�tc�leit?AMAGE $ $ � ._/ ../ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 24,000,000 v EXCESS LIAB CLAIMS-MADE CUP2J92282219 04/01/2019 04/01/2020 AGGREGATE $ 24,000,000 OED I X I RETENTION$0 $ A WORKERS COMPENSATION XI �.\'fruTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N X UB5K37551A19 04/01/2019 04/01/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EACH ACCIDENT $ filFICER/ME MBER EXCLUDED? N/A 1,000,000 ( andatory in NH) E.L. DISEASE - EA E MPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Equipment Floater 6608284R378 04/01/2019 04/01/2020 Limt 150,000 A Installation Floater 6608284R378 04/01/2019 04/01/2020 Ded $1,000; Limit 1,500,000 DESCRIPTIO N OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Cupertino Public Works T he City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are Additional Insureds on Primary & Non-Contributory basis as respects to General Liability, as required by written contract. Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation as required by written contract. CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue C C ACORD 25 (2016/03) 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. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / Pacific Coast Sales & Service, Inc. Policy Number: 6308465L994 / COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Include s Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a.With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b.If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a.If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section Ill -Limits Of Insurance. b.The insurance provided to such additional insured does not apply to: (1)Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b)Supervisory, inspection, architectural or engineering activities. (2)Any "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c.The additional insured must comply with the following duties: (1)Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a)How, when and where the "occurrence" or offense took place; (b)The names and addresses of any injured persons and witnesses; and (c)The nature and location of any injury or damage arising out of the "occurrenc e" or offense. (2)If a claim is made or "suit" is brought against the additional insured: CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 .. COMMERCIAL GENERAL LIABILITY (a)Immediately record the specifics of the claim or "suit" and the date received; and (b)Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. [3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4)Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV -Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 0419 t- Pacific Coas �ales & Servic Inc. Policy Nu COMMERCIAL GENERAL LIABILITY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. Howev er, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Who Is An Insured -Unnamed Subsidiaries B.Who Is An Insured -Employees And Volunteer Workers -Bodily Injury To Co-Employees And Co-Volunteer Workers C.Who Is An Insured -Newly Acquired Or Formed Limited Liability Companies D.Blanket Additional Insured -Broad Form Vendors E.Blanket Additional Insured -Controlling Interest F.Blanket Additional Insured -Mortgagees, Assignees, Successors Or Receivers G.Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Premises PROVISIONS A.WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a.You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b.Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury " caused by an offense committed: H.Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Operations I.Blanket Additional Insured -Grantors Of Franchises J.Incidental Medical Malpractice K.Medical Payments -Increased Limit L.Blanket Waiver Of Subrogation M.Contractual Liability -Railroads a.Before you maintained an ownership interest of more than 50% in such subsidiary; or b.After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II -Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a.A limited liability company; b.An organization other than a partnership, joint venture or limited liability company; or c.A trust; as indicated in its name or the documents that govern its structure. CG D4580219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY B.WHO IS AN INSURED -EMPLOYEES AND VOLUNTEER WORKERS -BODILY INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II-WHO IS AN INSURED: 3.Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only: (1)Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2)Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II -Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a.A limited liability company; b.An organization, other than a partnership, joint venture or limited liability company; or c.A trust; as indicated in its name or the documents that govern its structure. D.BLANKET ADDITIONAL INSURED -BROAD FORM VENDORS The following is added to SECTION II -WHO IS AN INSURED: Any person or org anization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" that: a.Occurs subsequent to the signing of that contract or agreement; and b.Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: a.The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreeme nt, or the limits shown in the Declarations, whichever are less. b.The insurance provided to such vendor does not apply to: (1)Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2)Any change in "your products" made by such vendor; (3)Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (4)Any failure to make such inspections, adjustments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; Page 2 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 58 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission (5)Demonst ration, installation, servicing or repair operations, except such operations performed at such vendor's premises in conne ction with the sale of "your produ cts"; or (6)"Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance ·by or on behalf of such vendor. Coverage under this provision does not apply to: a.Any person or organization from whom you have acquired "your products", or any ingredient, part or container entering into, accompanying or containing such products; or b.Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. E.BLANKET ADDITIONAL CONTROLLING INTEREST INSURED 1.The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a.Such financial control; or b.Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2.The following is added to Paragraph 4. of SECTION II -WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. F.BLANKET ADDITIONAL INSURED MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a.Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b.Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a.The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed toprovide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b.The insurance provided to such person or organization does not apply to: (1)Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2)Any "bodily injury", "property damage" or "personal and advertising injury" arisingout of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. G.BLANKET ADD ITIONAL INSURED GOVERNMENTAL ENTITIES -PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has CG D4 58 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission I- r COMMERCIAL GENERAL LIABILITY issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES -PERMITS OR AUTHORIZATIONS RELATING TO OPER ATIONS The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily inj ury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a.Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products-completed operations hazard". BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that grants a franchise to you is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured, the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. J. INCID ENTAL MEDICAL MALPRACTICE 1.The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b.An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2.The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a)"Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, occupational therapist or occupational therapy assistant, physical therapist or speech language pathologist; or (b)First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3.The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4.The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. Page 4 of 5 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 58 0219 Includes copyrighted material of Insurance Services Office, Inc. with its permission r 5.The following is added to the DEFINITIONS Section: "Incidental medical services" means: a.Medical, surgical, dental, laboratory, x-rayor nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b.The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6.The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITYCONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is AnInsured. K.MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTIONIll -LIMITS OF INSURANCE: 7.Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay underCoverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: COMMERCIAL GENERAL LIABILITY a.$10,000; or b.The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L.BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a."Bodily injury" or "property damage" that occurs; or b."Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. M.CONTRACTUAL LIABILITY -RAILROADS 1.The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. CG D4 58 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d.Primary And Non:Contrillutory Insurance I Required By W -n Co r If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6.Representations By accepting this policy, you agree: Pacific c��a�Policy Nt:: 6308465L994 ) a.The statements i�r� are accurate and complete; b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or non renewal in accordance with applicable insurance laws or regulations. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8.Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. © 2017 The Travelers Indemnity Company. All rights reserved. CG T100 0219 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Pacific CoastFSales & Service, filC. Policy Numb r: 6308465L9o/ � COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A.For all sums which the insured becomes legallyobligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single designated "project" shown in the Schedule above: 1.A separate Designated Project General Aggregate Limit applies to each designated "project", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are scheduled above. 2.The Designated Project General AggregateLimit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "property damage" included in the "productscompleted operations hazard", and for medical expenses under COVERAGE C, regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claimsor bringing "suits". Designated Project General Aggregate(s): $2,000,000 .... 3.Any payments made under COVERAGE A.for damages or under COVERAGE C. for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. B.For all sums which the insured becomes legallyobligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single designated "project" shown in the Schedule above: CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1.Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag gregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig nated Project General Aggregate Limit. C.Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2.The General Aggregate Limit is the most we will pay for the sum of: a.Damages under Coverage B; and b.Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D.When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag gregate Limit, and not reduce the General Aggre gate Limit nor the Designated Project General Aggregate Limit. E.For the purposes of this endorsement the Defini tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F.The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 r Pacific Coast Sales & Service, Inc. POLICY NUMBER: 8100N131223 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.BROAD FORM NAMED INSURED B.BLANKET ADDITION.Al INSURED C.EMPLOYEE HIRED AUTO D.EMPLOYEES AS INSURED E.SUPPLEMENTARY PAYMENTS -INCREASEDLIMITS F.HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G.WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A.BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un til the 18oth day after you acquire or form the or ganization or the end of the policy period, which ever is earlier. B.BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.,Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. I. J. K. L. M. N. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C.EMPLOYEE HIRED AUTO 1.The following is added to Paragraph A.1.,Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi ness. 2.The following replaces Paragraph b. in 8.5.,Other Insurance, of SECTION IV -BUSINESS AUTO CONDITIONS: b.For Hired Auto Physical Damage Cover age, the following are deemed to be cov ered "autos" you own: (1)Any covered "auto" you lease, hire, rent or borrow; and (2)Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in surance requirements. (d)It is understood that we are not an admit ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G.WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H.HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para graph A.4.b., Loss Of Use Expenses, of SEC TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I.PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in curred by you because of the total theft of a cov ered "auto" of the private passenger type. J.PERSONAL PROPERTY The following is added to Paragraph A.4., Cover age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap parel and other personal property which is: (1)Owned by an "insured"; and COMMERCIAL AUTO (2)In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K.AIRBAGS The following is added to Paragraph 8.3., Exclu sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a.If that "auto" is a covered "auto" for Compre hensive Coverage under this policy; b.The airbags are not covered under any war- ranty; and c.The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L.NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CON DITIONS: Your duty to give us or our authorized representa tive prompt notice of the "accident" or "loss" ap plies only when the "accident" or "loss" is known to: (a)You (if you are an individual); (b)A partner (if you are a partnership); (c)A member (if you are a limited liability com pany); (d)An executive officer, director or insurance manager (if you are a corporation or other or ganization); or (e) Any "employee" authorized by you to give no tice of the "accident" or "loss". M.BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI TIONS: 5.Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N.UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How ever this provision does not affect our right to col lect additional premium or exercise our right of cancellation or non-renewal. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. .... TRAVELERSJ ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-5K37551A J WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2. 00 % of the California workers' compensation pre mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER INCLUDING, KBS SOR II OAKLAND CITY CENTER LLC INCLUDING: KBS SOR II OAKLAND CITY CENTER LLC; SFF MEC, LLC, SFF II REIT, LLC, SFF REALTY FUND II, LP, PSAI REALTY PARTNERS, II, LLC, (OWNER) AND CBRE, INC. (MANAGER); SPUS8 2100 POWELL, LP AND CBRE, INC., INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES AND MANAGING AGENTS. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: Policy No. Endorsement No. Premium Countersigned by ____________ _ ST ASSIGN: Page 1 of 1 Domiciliary Address One Tower Square Hartford, CT 06183 United States Web: www.travelers.com Phone: 860-277-0111 Fax: 844-816-9447 Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058470 -The Travelers Companies, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Financial Strength Rating View Definition Rating: Affiliation Code: A++ (Superior) g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed October 31, 2018 June 30, 1972 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: Action: Effective Date: aa+ Stable Affirmed October 31 , 2018 Initial Rating Date: April 18, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, ARM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information -- Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries October 31, 2018 ------------·------- Rating History A.M. Best has provided ratings & analysis on this company since 1972. Financial Strength Rating Effective DateRating 10/31/2018 A++ 10/5/2017 A++ 7/22/2016 A++ 5/28/2015 A++ 5/23/2014 A++ Long-Term Issuer Credit Rating Effective DateRating 10/31/2018 aa+ 10/5/2017 aa+ 7/22/2016 aa+ 5/28/2015 aa + 5/23/2014 aa+ I Best's Credit Reports (1 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/26/2019 (represents the latest significant change). r:: Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases i---- Date ,-- I I Oct 31, 2018 Oct 05, 2017 I Jul 22. 2016 -··---·--- A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its SubsidiariesA.M. Best Aff irms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Ratings of The Travelers Companies, Inc. and Most of Its SubsidiariesMay 28, 2015 May 23, 2014 May 30, 2013 May 10, 2012 May 26, 2011 Jun 08, 2010 Jun 03, 2008 A.M. Best Revises Outlook to Positive for The Travelers Companies, Inc. and Most of Its SubsidiariesA.M. Best Affirms Ratings ofThe Travelers Companies, Inc. and Its SubsidiariesA.M Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Issuer Credit Ratings of Travelers GroupA.M. Best Affirms Ratings of Travelers Insurance Companies and Several of Its Subsidiaries 1 2 Page size: 10 Find a Best's Credit Rating l-En�;r� C�m�an�-��e Advanced Search European Union Disclosures How to Get a Best''s Credit Rating Best's Credit Ratings @. Mobile App 20 �ems in _2 �ages _ J A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMS-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI} in the EU. Therefore, credit ratings issued and endorsed by AMS-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. Domiciliary Address Web: Phone: Fax: AMB Ultimate Parent Best's Credit Ratings Financial Strength Rating Rating: Affiliation Code: Financial Size Category: Outlook: Action: Effective Date: Initial Rating Date: Long-Term Issuer Credit Rating Long-Term: Outlook: Action: Effective Date: Initial Rating Date: u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, ARM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries October 31, 2018 -·------------------------------- Rating History A.M. Best has provided ratings & analysis on this company since 1907. Financial Strength Rating Effective DateRating 10/31/2018 A++ 10/5/2017 A++ 7/22/2016 A++ 5/28/2015 A++ 5/23/2014 A++ Long-Term Issuer Credit Rating .Effective DateRating 10/31/2018 aa+ 10/5/2017 aa+ 7/22/2016 aa+ 5/28/2015 aa+ 5/23/2014 aa+ I Best's Credit Reports iJ Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 11/26/2018 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive.·�-- View additional news, reports and products for this company. Press Releases [ Date - ---------- Title ----------------------------------1I I Oct 31, 2018 A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries I Oct 05, 2017 A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Subsidiaries I Jul 22, 2016 A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries I May 28, 2015 A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries May 23, 2014 A.M. Best Upgrades Ratings of The Travelers Companies, Inc. and Most of Its Subsidiaries May 30, 2013 A.M. Best Revises Outlook to Positive for The Travelers Companies, Inc. and Most of Its Subsidiaries May 10, 2012 May 26, 2011 Jun 08, 2010 Jun 03, 2008 I 1 2 I ------. A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Issuer Credit Ratings of Travelers Group A.M. Best Affirms Ratings of Travelers Insurance Companies and Several of Its Subsidiaries Page size: 10 . -· --. -.. --.. -- Find a Best's Credit Rating r---- ------l_ Ente��-�ompany �:m�-__ _ Advanced Search European Union Disclosures How to Get a Best"s Credit Rating Besfs Credit Ratings @. - Mobile App · . - I 2_0 it�rT_'.s in 2!age� j - -- -r-:::1� A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI} in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner th9t could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. 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