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17-118 Prime Mechanical Corporation, work on the Library Roof Split System---po 1,l)ti-1"2 {o Project No. _~4+-e-7..Q_ __ _ CITY OF CUPERTINO CONTRACT For Public Works Projects of $45,000 or Less This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Prime Mechanical., a _ Corporation ("Contractor''), pursuant to Public Contract Code Section 22032, for work on the Library roof split system ("Project"). 1. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Attachment A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2. TIME FOR COMPLETION The City Engineer will not issue Contractor a written notice to proceed ("NTP") with the Work for the Project until the Contract is fully executed by both parties and City has received all insurance documentation pursuant to Section 13 below and any required bonds, if applicable, pursuant to Section 14 below. Contractor must fully complete the Work within 14 calendar days from the commencement date given in the NTP ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time . 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, performed in full compliance with this Contract, City will pay Contractor$ 6880.00 ("Contract Price"). Contractor must submit an invoice on the first day of each month during the Contract Time for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. City will pay Contractor 95% of the undisputed amount(s) billed, within 30 days after City's receipt of each properly submitted invoice. Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. Payment and performance bonds are required for this Contract if the Contract Price is $25,000 or Public Works Contract Library roof split system Page 1 pv 20 1 t> , ((o~ Rroj~ct No. _2017-579_-__ more . 4. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time , Contractor must pay liquidated damages in the amount of$ 500.00 per day for each day of unexcused delay in completion. The liquidated damages amount is based on the reasonably foreseeable consequences of delay, which may include actual costs incurred by City due to the delay as well as intangible damages, including loss of or interference with use of public property or inconvenience to the public. Unavoidable delay caused by unanticipated events or circumstances which are entirely outside of Contractor's control may be excused, provided Contractor gives City prompt written notice of any such delay, but excused delay will not entitle Contractor to additional compensation, subject to the limits of Public Contract Code Section 7102. City may deduct liquidated damages from payment due or to become due to Contractor under this Contract. 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): C10 Electrical. Contractor must also obtain a City business license before beginning Work on the Project. Contractor is solely responsible for obtaining any required building permits or similar governmental authorizations for the Work, at Contractor's sole expense . 6. LABOR CODE COMPLIANCE Unless the Contract Price is $1,000 or less , the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code , beginning at Section 1720, and the related regulations , including but not limited to requirements pertaining to wages , working hours and workers' compensation insurance . The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations ("DIR") pursuant to Labor Code Section 1725.5, and Contractor and any subcontractors must be registered with the DIR to perform public works projects. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. A. Prevailing Wages. The Contract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft, classification or type of worker needed to perform the Work, including but not limited to employer payments for health and welfare , pension , vacation , and apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.di r.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the Publ ic Works Contrac t Lib ra ry roof s pl it syste m Page 2 pv -u f g -Ho"' €.coJset No. _2 0 17 579 __ _ applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. B. Working Day. Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day's work . Pursuant to Labor Code Section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Attachment A or authorized in writing by City. C . Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812 , and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct , and that it has complied with the requirements of Labor Code Sections 1771, 1811 and 1815. Contractor must submit certified payroll records to the Labor Commissioner as required under California law and regulations. D. Apprentices. If the Contract Price is $30 ,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5 . E. Workers' Compensation Certification. Pursuant to Labor Code Section 1861 , by signing this Contract , Contractor certifies as follows: "I am aware of the provisions of Labor Code Section 3700 which require 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 provisiqns before commencing performance of the Work on this Contract." 7. AMENDMENTS AND CHANGE ORDERS The provisions of this Contract may not be modified except by a written amendment or change order that is duly authorized and executed by both City and Contractor. Any Contractor request for a change order must be submitted in writing, specifically identifying the proposed change to the Contract and the Work, and the proposed adjustment, if any, to the Contract Price or the Contract Time . Each such request must be accompanied by all substantiating documentation, including, but not limited to, the drawings, detailed cost estimates, and schedule analysis for the change order. 8 . STANDARDS AND COMPLIANCE Public Works Contra ct Library roof split system Page 3 Contractor will use its best efforts to complete the Work in a professional and expeditious manner, in compliance with this Contract and all applicable permit requirements. Contractor's workmanship must meet or exceed all applicable standards and must comply with all applicable local, state , and federal laws, regulations, rules, and requirements, including City ordinances . By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. 9. INDEPENDENT CONTRACTOR City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 10 . IMMIGRATION REFORM AND CONTROL ACT ("IRCA") Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors performing the Work, pursuant to the IRCA or similar federal or state rules and regulations governing employment of immigrants . Contractor must indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from Contractor's failure to comply with this section . 11. NON-DISCRIMINATION Discrimination against any prospective or present employee of Contractor because of race, color, ancestry national origin, ethnicity, religion, sex, sexual orientation, age, disability or marital status is strictly prohibited. Contractor, its employees and its subcontractors, must comply with all applicable local , state and federal nondiscrimination laws, including but not limited to the California Fair Employment and Housing Act, Government Code Section 11135 and Labor Code Sections 1735 and 3077.5. Any violation of this section constitutes a material breach of this Contract. 12. INDEMNITY To the fullest extent allowed by law, Contractor must indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, Public Works Contra ct Library roof split system Page 4 {)n 'l-()l!•l<t(p ,12.roject No. _20 17-57 9 __ _ officials , agents, employees, consultants and volunteers (individually, an "lndemnitee ," and collectively , the "lndemnitees ") from and against any and all liability , claims , stop notices, actions , causes of action, demands , losses, damages, and expenses (including legal expenses) whatsoever, including liability arising from an injury to or death of any person or damage to property or other liability of any nature , arising out of, pertaining to , or related to the performance of this Contract or the Work (collectively, "Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors , officers , officials, employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the active negligence, sole negligence, or willful misconduct of an lndemnitee(s). Contractor's failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon City 's receipt of any third-party claim relating to the Contract, as required by Public Contract Code Section 9201 . No lndemnitee will be personally liable to Contractor or Contractor's directors, officers , officials , employees , agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers ' compensation laws or other employee benefit statutes , or by the insurance coverage or bond limits required under this Contract , and will survive the expiration or any early termination of the Contract. 13 . INSURANCE Contractor must maintain the insurance coverage required in this section through the date of City's acceptance of the Work. The coverage must include the policy types and limits specified below, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor's performance under the Contract. City will not execute the Contract and issue the NTP until Contractor has submitted to City satisfactory certificates of insurance and endorsements , evidencing the type, amount , class of operations covered , and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies 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. If Contractor fails to provide or maintain any of the required insurance coverage , City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. A. Policies and Limits. The following insurance policies and limits are required for this Contract , unless otherwise specified in Attachment A: Publi c W orks Contract Libra ry roof spl it sy stem Page 5 (1) Commercial General Liability ("CGL '') Insurance: The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or its subcontractor's acts or omissions in the performance of the Work, including contractor's protected coverage, blanket contractual, completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. The CGL policy must protect against any and all liability for personal injury, death , or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract. (2) Comprehensive Automobile Liability Insurance: The automobile liability policy must be issued on an occurrence basis, with limits of at least $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of $1,000,000 per occurrence, covering owned, non- owned and hired automobiles. (3) Builder's Risk Insurance: 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 for the benefit of City. ( 4) Workers' Compensation Insurance and Employer's Liability Insurance: The workers' compensation and employer's liability policy or policies must comply with the requirements of the California Workers ' Compensation Insurance and Safety Act, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. B. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section , except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any Public Works Contract Library roof split system Page 6 ()-1) '2f) ( 1i.-lh~ J2rojeet-No. ~17-579 __ _ extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. C. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies 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. D. 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. E. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk policy must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse , underground excavation hazard, or removal of lateral support. F. Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy, using a form and format acceptable to City. G. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project, including those requirements related to the naming of additional insureds and waivers of subrogation. 14. BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract under Attachment B, Bond Forms. Each bond must be issued by a surety admitted in California . If an issuing surety cancels a bond or becomes insolvent , Contractor Public Works Contract Library roof split system Page 7 p-v ~l~,(\pl,, ~t No. _-2017-579_' __ must provide a substitute bond from a surety acceptable to City, within seven calendar days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City's prior written consent. The terms and conditions of this Contract are binding on Contractor's heirs, successors, and assignees. 16. SUBCONTRACTORS Contractor may use qualified, competent subcontractors to perform up to 90 % of the Work under this Contract, provided each subcontract expressly requires the subcontractor to be bound by the provisions of this Contract, including, but not limited to, the indemnity and insurance requirements . City reserves the right to reject any subcontractor of any tier, and to bar a subcontractor from performing further Work on the Project, if City, acting in its sole discretion, determines that the subcontractor's performance or failure to perform does not meet the requirements of this Contract , or for any of the reasons set forth in Public Contract Code Section 4107. If City rejects a subcontractor pursuant to this section, Contractor must either self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City, at no additional cost to City . 17. UTILITIES, TRENCHING AND EXCAVATION A. Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging. For underground service alerts for City street lighting and traffic signal conduits, Contractor must also, before commencing any Work, call the City of Cupertino Service Center at (408) 777-3269. B. As required by Government Code Section 4215, if, while performing the Work, Contractor discovers utilities or utility facilities not identified by City, Contractor must immediately provide written notice to City and to each known utility. C. As required by Government Code Section 7104, Contractor must promptly notify City in writing if Contractor finds any of the three conditions listed below, and wait for further direction from City before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or Public Works Contract Library roof split system Page 8 ro t4)li -'"'" Project No. -=2 017 579 __ _ more of the following three conditions is or are present and that the presenters of any such condition will cause a decrease or increase in Contractor's cost of or time required for performance of the Work, City will amend the Contract Time or Contract Price for the Work as required by law: (1) Material that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (3) 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. D. As required by Labor Code Section 6705 , if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City, or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring , bracing, sloping , or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring , sloping , or protective system less effective than that required by the Construction Safety Orders is prohibited . 18. DAILY REPORTS Contractor must maintain daily reports on the Work and submit them to City upon completion of the Project, or at any time upon request by City. Each daily report must describe: the Work performed that day; the number of workers performing the Work and hours worked ; the equipment and hours of labor used for each task; a description of weather conditions ; and any circumstances affecting the planned progress of the Work. All such reports are the exclusive property of City, but Contractor is permitted to retain copies of the daily reports for its records. 19. RECORDS Unless otherwise specified in Attachment A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, Public Works Co ntra ct Library roof spl it sy st em Pa ge 9 po ljH g ,((()~ Projeet No. _201 r-579 __ _ showing any changes from the Work as planned in Attachment A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work, including but not limited to, as applicable: mechanical , electrical and plumbing work; HVAC systems; utilities and utility connections ; and any other components City determines should be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs , including but not limited to piping , conduit , ductwork , and drain lines , must be shown by dimension and elevation . 20. NOTICES All notices , demands, requests or approvals under this Contract must be given or made in writing and sent to the other party by personal delivery , U .S . Mail, a reliable overnight delivery service, facsimile , or by email as a PDF (or comparable) file . Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Rudy Lomas P/W lead_ Contractor: Prime Mechanical Corporation 296 Wright Brothers Ave. Livermore, CA 94551 Attention: Phil Deland 21. URBAN RUNOFF MANAGEMENT All Work on the Project must fully comply with federal, state , local and City regulations concerning stormwater 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 . Contractor will also develop and implement erosion and sediment controls to prevent pollution of storm drains . Contractor must implement these controls prior to the start of the Work, upgrade them due to weather conditions or as otherwise required by City, maintain them during construction or other Work phases to provide adequate Pu bli c Works Contra ct Library roof split syste m Pa ge 10 p-o ""2.D l ~ . I Ip (o grejeet No. _2017-579 __ _ protection , and remove them 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 , from October 15 through June 15, storm drain inlets impacted by construction work must be filter- protected. Storm drain inlets will 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 as well as at the end of each work day. When the Work is completed, wash the streets and collect and dispose of the wash water offsite , in an appropriate location and lawful manner. D. After breaking old pavement, remove all debris to avoid contact with rainfall or runoff. E. Maintain a clean work area by removing trash , litter, and debris at the end of each work day and also when the Work is completed. Clean up any leaks, drips, and other spills as they occur. F. The requirements stated above are intended to be used in conjunction with the California Stormwater Qua lity 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. 22 . EARLY TERMINATION City may terminate this Contract for convenience , upon written notice to Contractor. City may also terminate this Contract for cause. If Contractor fails or refuses to perform the Work as required under this Contract , Contractor will be deemed in default. If the default is not cured to City's satisfaction within two days after delivery of written notice of default to Contractor, City may, in its sole discretion, elect to do one or more of the following: A. Terminate the Contract immediately, upon written notice to Contractor. Publi c Works Co ntract Library roof split system Pag e 11 fb ""2t> I i-.-I ~ C:, Project No. _~1 ?=5 79 __ _ B. Complete the Work using City's own forces and charge Contractor for all resulting costs and expenses, including City staff time. C. Retain another contractor to complete the Work and charge Contractor for all resulting costs and expenses . D. Require the performance bond surety to pay for completion of the Work. E. Pursue any other remedy available to City at law or under this Contract. If City terminates the Contract for convenience or for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination . Nothing in Section 23 below is intended to delay, abridge or bar City's right to terminate this Contract early pursuant to this section. 23. DISPUTE RESOLUTION, LAW AND VENUE Any dispute arising under or relating to this Contract is subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., which are incorporated by reference. Interpretation and enforcement of this Contract is governed by California law. Venue for any legal action filed in relation to this Contract is the Superior Court for the County of Santa Clara , California , and no other place. 24. ADVERTISEMENT Contractor may not post, exhibit , or display any advertising signage at the Project site without prior written approval from City. This section does not apply to signage intended or required for general safety while the Work is in progress. 25. WAIVER A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 26. WARRANTY Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials , Contractor must, at its sole expense , promptly repair or replace the Publi c Works Contract Library roof split system Pag e 12 ,po 7t)l\-l(o(o ProJec1 No. _:gg,J 7 6~--- defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work , excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, Attachments A and B, and the documents and statutes attached, referenced or expressly incorporated herein, including any duly authorized and executed amendments or change orders to the Contract, constitute the full and complete understanding of every kind or nature whatsoever between City and Contractor with respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any provision or authorized modification to this Contract is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, all other provisions will remain in full force and effect. 28 . SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26 (Warranty) expressly survive termination or expiration of the Contract. 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract is deemed to be inserted, and the Contract will be construed and enforced as though each was included . If through mistake or otherwise any such provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 30. CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect , limit or amplify the terms or provisions of the Contract. 31. AUTHORIZATION Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313 . Public Works Contract Library roof split system Page 13 The parties agree to this Contract as witnessed by the signatures below: Prime Mechanical By~, Name ~~~?u-:m::: Title <c)~ t\'.'A!~ Date 7 (2-R> / 17 CITY OF CUPERTINO A Municipal Corporation By ~~ Timm Borden Director ot Public Works Date ~ /17 J RECOMMENDED FOR APPROVAL: By 6~or~ Name C lrl!..t.s a>1<.f.?.... Title ,P Lv Sve-,_,,.v ,s:a ,,,... Date 7-2 6 --17 APPROVED AS TO FORM: . dJ _,By_ tyA tJ' -Randolph Stevenson Hom City Attorney Date &-I 1;\ I ?r:: ATT~ 6 ~ ti Grace Schmidt g~ie Clerk f ~( -/7 Contract Amount: $6880.00 P.O. No. 2017-579 "2--<)1~;. 11.,<p Account No. 100-87-828 700-702 Attachment A: Scope of Work • AttsehA"tent B : Bui id FOIIIIS ~ ~ Public Works Contract Library roof split system Page 14 Attachment A Scope of Work Contractor will perform the following Work for the Project , within the Contract Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this Contract: • Disconnect dispose of existing system • Install new split system • Reconnect to existing electrical and controls • Start up and verify proper operation Public Works Contract Library roof split system Page 15 ,,. ~ MECHANICAL NOUSrPJAt.lCOMMEIIOAL HVACR City of Cupertino Cupertino Library 10800 Torre Ave Cupertino, Ca Subject: 2nd floor Elecrical Room Dear Rudy, LICENSE # 819 I I 4 P.O. BOX 1028 PLEASANTON, CA 94566 sus·(B77) 635-HEAT FAX-(925) 292-5528 Document # 60617PD4 Thank you for the opportunity to assist the City of Cupertino with its HVAC needs at the Cupertino Library . On the recent service call , our mechanic found multiple repair issues with the split system . Due to age and lack of parts availability we recommend replacement: Scope: 2nd Floor Electrical Room • Disconnect, dispose of existing system • Install new split system • Reconnect to existing electrical and controls • Start up and verify proper operation The cost for the work specified above is $6880.00 Excludes: Permits, engineering, and roofing. All work to be performed during normal business hours . The price includes labor and material for the completion of the work described . If this meets your approval, please sign th is proposal in the appropriate space below. Prices are effective for thirty days . Thank you for choosing Prime Mechanical. If you have any questions in regards to this quote , or if I may be of further assistance, please do not hesitate to contact us at (877)635-HEAT. Sincerely, Phil Deland Prime Mechanical Acceptance of Proposal: The price , specifications and conditions are satisfactory and are hereby accepted . You are authorized to do the work specified above . The job will be paid on a NET-30 day basis upon completion . Signed:ra-<=: Date: & ,. /5 -J-o f 7 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/21 /2017 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 hol der is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer r ights to the certificate holder in lieu of such endorsement(s). PRODUCER CON TA CT Roger Larson NAME: TWFG -Larson Insurance wgNJo Exll: (925) 415-5097 I ;,C~ Nol (925) 465-5191 675 Ygnacio Valley Rd . E-MAIL rlarson@twfg .com ADDRES S: Su ite B-215 INSURER/SI AFFORDING COVERAGE NAIC# Wal nut Cre ek CA 94596 INSURER A : INSURE D INSURER B : SIS/ Torus Specialty 44776 Prime Mechan ica l Services , Inc INSURER C: 264 Wrigh t Brothers Ave INSURER D : INSURER E: Livermore CA 94551 -9491 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERT IFY TH AT THE POLICIES OF INSURANCE LI STED BELOW HAVE BEEN ISSU ED TO THE INSURED NAMED ABOV E FOR THE POLI CY PERIOD INDICATED . NOTWI TH STANDING ANY REQUIR EMEN T, TER M OR COND ITI ON OF ANY CON TR ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER TIFICATE MAY BE ISSUED OR MAY PERTA IN, THE INSURANC E AFFORDED BY TH E POLICIES DESCRIBED HERE IN IS SUBJEC T TO ALL THE TER MS , EXCLUS IONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HA VE BEEN RED UC ED BY PAID CLAIMS . INSR A DDL SUBR POLICY EFF POLICY E XP LTR TY PE OF INS URANCE I INSn r,,n,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LI MITS COMMERCIAL GENERAL LIABILITY EA CH OCCURREN C E $ -D CLAIMS-MA DE 0 OCCUR DAMAGE TO REN TED PR EM IS ES <Ea occurrence) s ME D EXP (A ny one person) s - PER SONA L & A DV INJUR Y s -G EN'L AGGRE GATE LI MIT A PPLIES PER: G ENERA L AGGRE GATE s R POLICY D .I'[& D LOC PR ODUCTS · COMP/OP AGG s OTHE R: s A UTO MOBILE LI A BILITY COM BINED SING LE LIMI T s /E a accident! - ANY AUTO BODILY INJU RY (Per person) s --ALL OWN ED SCHE DU LED AUTOS AUTOS BODI LY INJU RY (Per accident) s --NON-OWN ED PR OPERTY DAMAGE HIREO AU TOS AUTOS <Per accident) s -- s X UMBRELLA LIAB M OCCU R EACH OCCU RRENCE s 3,000 ,000 -B EXCESS LIAB CLA IMS-MADE 85699P150A LI 11 /14 /2018 11 /14/2017 AGGREGATE s 3,000 ,000 OED I I RETENTI ON s s WO RKERS COMPENSATION I ~f f TUTE I I OTH - AND E MPLO YERS ' LIAB ILITY ER Y/N ANY PR OPRIETOR /PAR TNE R/EXECUT IVE D E.L. EAC H ACCI DE NT s OFF ICER /ME MBER EXC LUDED? NIA (Mandatory in NH) E.L. DI SEASE · EA EMPLOY EE s If yes, describe under DESC RIPTI O N O F OPERATI ONS be low E.L. DI SEASE · POLI CY LIMIT s DESC RIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule, may b e attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . C ity of Cupertino 10300 Torre Ave AUTHO RI .J>TIVE Cupertino CA 95014 J I © 1988-2014 ACORD CORPORATION. All rights reserved . ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D D/YYYY) 7/20/2017 l ----THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. If SUBROGRATION 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 W illis Towers Watson CON TAC T NAME : San Jose 12980 Metcalf Ave Su ite 500 PHONE (NC , No E x t): (408) 321-9901 FAX (NC, NO): (360) 828-0699 O verla nd Pa rk KS 66213 E MAIL ADDRESS: Jerry.Sparks@bbsihq .com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insu rance Compa n y 22667 INSURED INSURER B : Barrett Bu siness Services , Inc. L/C/F INSURER C : PRIME MEC H AN ICAL SERVICE , INC. OBA RH INSURER D : TINNEY INSURER E : 296 WRIGHT BROTHERS AVE INSURER F : LIVERMORE , CA 94551 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE D BELOW HAV E B EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P E RIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W HI CH THIS C ERTIFICATE MAY BE ISSU ES OR MAY PERTAIN. THE INSURANCE A FFORDED BY THE PO LI C IE S DESC RIBED HEREIN IS S UBJECT TO A LL THE TERMS, EXCLUSIONS AND COND ITI ONS O F S UC H POLI C IE S. LI M ITS SHOWN MAY HAVE BEEN REDUCED BY PAI D C LAIMS . INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLIC Y EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD /YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE s -COMMERC IAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea s JcLAIMS-MADE O occ u R occu ren ce) MED EXP (Any one person) s PERSONAL & ADV INJURY s GENERAL AGGREGATE s GEN'L AGGR EG ATE LI MIT APP LI ES PER : 1,POLICY PRODUCTS -COMP/OP AGG s n PROJ-n LOC ECT s AUTOMOBILE LIABILITY COMB INED SINGLE LI MIT s ,_ (Ea accident) ANY AUTO -BODI LY INJURY (Per person) s AL L OWNED AU TOS B SCHEDU LE D AUTOS -BODILY IN JURY (Per accident) s HIRED AUTOS NON -OWNED AUTOS ,-PROPERTY DAMAGE s ,_ s UMBRELLA LIAB --i OCCUR EACH OCCURRENCE s I- EXCESS LIAB OCCUR AGGREGATE s I-I OED RETENTIONS s A WORKERS COMPENSATI ON AND EMPLOYERS' RWC 08/01/16 08/0 1/2 017 ./ 1wc STATU-I I OTH- LIABILITY Y/N C48819722 TORY LIMITS ER ANY PROPRIETOR/PARTNER/ EXECUTIVE c= N /A X E.L EAC H ACC IDENT $2 ,000,000 OFFICER/MEMB ER EXCLUDED? Covered states: E.L. DI SEASE -EA EMPLOYEE $2 ,000 ,000 (Mandatory in NH) If yes , describe under CA DESCR IPT ION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2 ,000.000 DESCR IPTI ON OF OPERATIONS/ LOCATIONS/ VEHICLE S (Attach ACORD 101 , Additional Remarks Schedule , if more space is required ) In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to the Loss , insurer h ereby agrees to also waive o u r right of recovery but only with respect to such Loss . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E City of Cupertino EXPIRATION DATA THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino Ca 95014 Authorized ~ /It,~ Rep I c) 1988-2 010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BARRED BUSINESS SERVICES , INC . L/C/F PRIME MECHANICAL SERVICE , INC . dba PRIME Policy Number MECHANICAL SERVICE , INC . Svmbol : RWC Number: C48819722 8100 NE PARKWAY DRIVE , STE. 200 VANCOUVER WA 98662 Effective Date of Endorsement 08-01-2016 TO 08-01-2017 08-01-2016 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number . The rema in der of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( Specific Waiver Name of person or organization : ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3 . Premium: The premium charge for this endorsement shall be 2 . O percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium : $0 Author iz ed Agent WC 99 03 22 A C :V RD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD IYYYY) .~ 7/21 /201 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIV ELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICI ES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU T E A CONTRACT BETWEEN T HE ISSU I NG INSURER(S ), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTI FICATE HO LD ER. IMPORTANT : If the ce rtifi cate holder is an ADDITIONAL INSURED , the pol icy (ie s) mus t have ADDIT IONAL INSURED prov is ions or be endorsed . If SUBROGATION IS WAIVED , subject to the term s and cond it ion s of the pol icy, ce rt ain polic ie s may requ ire an e ndorsement. A statement on th is certificate does not confer rights to the cert ifica te holder in l ie u of s uch endorsement(s). PROD UCER Bol ton & Companfl CONT ACT NA ME : 347 5 E. Foo t hi ll B vd ., Sui te 100 PHO NE (626) 799-7000 I FAX (626) 58 3-2117 Pasade na, CA 9110 7 I f.I(" .,n >'vtl • IA/C Nol: E-MAI L ADDRESS: INSUR ER (S) AFFORDIN G COVERAGE NAI C# www .bo ltonco .co m 0008309 INSURER A: Associated In d ustries In s urance Co Inc 23 140 INSURED INSURER B : American Fi re and Cas ualtv ComDanv 24066 Pri me Mec han ic al Serv ice , Inc Ohio Secu ritv Insu rance ComDanv 24082 296 Wright Brothers Ave nue INSUR ER C : Li ve rmo re CA 94 55 1 INSU RER D : INSU RER E : INSU RER F : COVERAGES CERTIFICATE NUMBER : 36793828 REVISION NUMBER · T HIS IS TO CERT IFY THAT THE POLIC IES OF INSURANCE LI STED BELOW HAVE BE EN ISSU ED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ICATED . NOTWITHSTAND ING AN Y REQUIR EMENT, T ERM OR COND ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF ICATE MAY BE ISSUED OR MA Y PERTAIN , THE INSURANCE A FFORD ED BY THE POLICI ES DES CRIBED HERE IN IS SUBJECT TO ALL THE T ERMS , EXCLUSIONS AND CON DIT IONS OF SUCH POLIC IES . LIM ITS SHOWN MA Y HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADD L SUBR POLI CY EFF POLICY EXP LTR TYPE OF INSURAN CE INSD l wvD POLICY NUMBER I MM /DD /YYYYI IMM/DD /YYYYI LI MITS A _{_ COMMERCI AL GENE RAL LIABILIT Y I I A ES1044069 1/3/2017 1/3/2018 EACH OCC URR EN CE $ 1,000 ,000 =:J CLAIMS-MA DE W OCCUR DAMAG E TO RENTE D >--PRE MIS ES /Ea occurre nce\ $ 100,000 MED EXP (Any one pe rson) $ Excluded ~ PE RSONA L & ADV IN JURY s 1 ,000 ,000 ~ GEN'L AGGREGA TE LI MIT APPLIE S PER: GENE RAL AGGREGATE $ 2 ,000 ,000 ci [2J PRO -D LOC PRODU CTS -COM P/OP AGG $ 2 ,000 ,000 POLI CY JECT OTHE R: Employee Benefits $ 1,000 ,000 B AUTO MOBI LE LI ABI LITY I I BAA 1857732954 1/3/2017 1/3/2018 COM BINE D SING LE LI MIT $ 1,000 ,000 (Ea accident) - _{_ ANY AU TO BODILY INJURY (Pe r perso n) $ -OW NED SCH ED UL ED BODILY INJURY (Per accid en t) $ AUTOS ONLY AUTO S --HIRED NON-OW NED PROPE RTY DAMAGE J_ AUTO S ONL Y ,_!_ AUTOS ONLY (Per accident) $ Comp Ded . $1 ,00( Coll Ded . $1 00:J $ UM BRELLA LIAB H OCC UR EAC H OCC URR ENC E s >-- EXC ES S LIA B CLA IMS-MA DE AGGR EGATE $ OED I I RETENT ION$ $ W OR KERS COM PE NSATION I ~ff ruTE I I OTH- AND EMPLOYERS' LIABILITY ER Y /N ANYPROPRI ETOR/PARTNER/E XECUTI VE D E.L. EAC H ACC IDENT s OFFICE R/M EMBER EXC LUDED ? N /A (M an dat o ry in NH ) E.L. DI SEASE -EA EMPLOYEE $ If yes, descri be un der E.L. DI SEASE -PO LI CY LI MIT $ DE SC RIPTI ON OF OPERAT IONS below C Business Pe rsonal Prope rty BKS 1857732954 1/3/2017 1/3/2018 Li mit $750 ,000 Rep lacement Cost, 100% Coinsurance D ed uctib le: $1 ,000 Special Form-Includin g Theft Leased or Ren ted Eaui Dme n t Li m it $25 000 DESCR IPT ION OF OP ERATIO NS / LO CATIONS / VEH ICL ES (ACORD 101, Add ition al Remarks Sc hedu le, may be attac hed if mo re space is requ ir ed) G L & Auto Add itional Ins ureds apply per CG2033 0704 , CG20370704 & CA8810011 3 atta ched , only if required by written contract/agreement . GL Primary & Non-Contributory Wording applies per N X G L0090809 atta ched . G L & Auto Waivers of Subrogation apply per CG24040509 & CA 88100113 attached . Re : Project #2017-579 . Additional lnsured(s): City Of Cuperti no , inclu ding its City Council , boa rds an d comm issions , officers , officia ls , agents , e mployees , co nsu lta nts and volu ntee rs . CERTIFICATE HOLDER CANCELLATION P roject #20 17-579 Ci! Of Cup ert ino SHOUL D ANY OF THE ABOV E DESCRIBED POLI CIES BE CANC EL LED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 00 Torre Ave n ue ACCORDANCE WITH THE POLICY PROVISIONS . Cup e~no ,CA 950 14 AUTHO RIZED REPRES ENTATI VE h <:::::: -. I Thang Nguyen i © 1988-2015 A C ORD C ORPORATION . All righ ts re served . A CORD 25 (20 16/0 3) T he ACORD na m e and log o are registered m arks of ACORD 36793828 I Master Certificate Bolton Certificate Processing I 7/2 1 /2017 11:19:17 AM (PDT) / Page 1 of 8 AES1044069 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy . Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused , in whole or in part , by: 1. Your acts or omissions ; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured . A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds , the following additional exclu- sions apply : This insurance does not apply to : 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural , engineering or surveying services , including: a. The preparing, approving, or failing to pre - pare or approve, maps , shop drawings , opinions , reports , surveys , field orders , change orders or drawings and specifica- tions; or b. Supervisory, inspection , architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials , parts or equipment furnished in connection with such work, on the project (other than ser- vice , maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon - tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties , Inc ., 2004 Page 1 of 1 36793828 I Master Certificate I Bolton Certificate Processing / 7/21/20 1 7 11 :19:17 AM (PDT) I Page 2 of 8 D POLICY NUMBER: AES1044069 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Or~anization(s): Locations and Description of Covered Operations As required by written contract. As required by written contract. Information required to complete this Schedule , if not shown above , will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part , by "your work' at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard ." CG 20 37 07 04 © ISO Properties, Inc ., 2004 36793828 J Master Certificate I Bolton Certificate Processing I 7/21/2017 11:19:17 AM (PDT ) / Page 3 of 8 Page 1 of 1 POLICY NUMBER : AES10 44069 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work .) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance : With respect to the Third Party shown above , this insurance is primary and non -contribut i ng. Any and all other valid and collectable insurance available to such Th ird Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy , shall in no instance be considered as primary, co-insurance , or contributing insurance . Rather , any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc ., with its permission 36793828 I Master Cert i ficate I Bo l ton Cert i f i cate Processing I 7 /21 /2017 11:1 9:1 7 AM (PDT ) I Page 4 of 8 BAA 1857732954 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement , the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BOD ILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENS E COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II -LIABILITY COVERAGE is amended as follows : 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period . However, "insured " does not include any organization that: (1) Is a partnership or joint venture ; or (2) Is an insured under any other automobile policy ; or (3) Has exhausted its Limit of Insurance under any other automobile policy . Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy . e. Any organization you newly acquire or form , other than a partnership or joint venture, of which you own more than 50 percent of the voting stock . This automatic coverage is afforded only for 180 days from the date of acquisition or formation . However, coverage under this provision does not apply : (1) If there is similar insurance or a self-insured retention plan available to that organization ; © 2013 Liberty Mutual Insurance CA 88 10 0 1 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission . Page 1 of 7 36793828 I Master Certificate I Bolton Certificate Pr ocessing I 7/21/2017 11:19:17 AM (PDT) I Page S of 8 1-- (2) If the Limits of Insurance of any other insurance policy have been exhausted ; or (3) To "bodily injury" or "property damage " that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name , with your permission , while performing duties re - lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE , paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority , to add such person , or organization , or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation , maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by . an "accident" which takes ~ place after you executed the written contract or agreement, or the permit has been issued to you ; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , para- graphs (2) and (4) are replaced by the following : (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request , including actual loss of earn- ings up to $500 a day because of time off from work . 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law , fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection , the following provision is added : SECTION II -LIABILITY , exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire . SECTION Ill • PHYSICAL DAMAGE COVERAGE is amended as follows : 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE , is amended by adding the following : If hired "autos" are covered "autos" for Liability Coverage , and if Comprehensive , Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own , then the Physical Damage coverages provided are extended to "autos": a. You hire , rent or borrow ; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission . Page 2 of 7 36793828 I Mast.er Certificate I Bolton Certificate Processing I 7/21/2017 11:19:17 AM (PDT) I Page 6 of a POLICY NUMBER: AES1044069 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract/Agreement Information required to complete this Schedule, if not shown above , will be shown in the Declarations . The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above . CG 24 04 05 09 © Insurance Services Office , Inc., 2008 36793828 I Master Certificate I Bolton Certificate Processing I 7/21/2017 11 :19:17 AM (PDT ) I Page 7 of 8 Page 1 of 1 D 0 m BAA 1857732954 To the extent possible, notice to us should include: (1) How , when and where the "accident" or "loss" took place ; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses . 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS , paragraph A.5., Transfer of Rights of Recovery Against Others to Us , is amended by the addition of the following : If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7., Policy Period, Coverage Territory, is amended by the add ition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits , in the United States , the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased , rented or borrowed with a driver. SECTION V • DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS , definition C. is replaced by the following : "Bodily injury" means physical injury , sickness or disease sustained by a person, including mental anguish, mental injury , shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS , paragraph A. -CANCELLATION condition applies except as fol- lows : If we cancel for any reason other than nonpayment of premium , we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation . This provision does not apply in those states which requ ire more than 60 days prior notice of cancella- tion . © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its pe rm ission. Page 7 of 7 36793828 I Mast.er Cert.ificat.e I Bolt.on Certificate Processing J 7/21/2017 11:19:17 AM (PDT) I Page 8 of 8 II CUPERTINO en ~ "C -I 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO , CA 95014 www.Cupertino.org VENDOR 4263 -PRIME MECHANICAL 0 PRIME MECHANICAL g 296 WRIGHT BROTHERS AVE -s» LIVERMORE , CA 94551 a REFERENCE# QUANTITY iiJSII & DESCRIPTION 1.0000 Each m -I 0 City of Cu perti no Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www. Cupertino.erg Purc h ase O r d e r No. 2017-00000579 DATE 06/20/2017 PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES, SHIPPERS , BILL OF LADING AND CORRESPONDENCE DELIVER BY SHIP VIA FREIGHT TERMS PAGE 1 of1 ORIGINATOR: Chylene Osborne DESCRIPTION: Library HVAC UNIT COST TOTAL COST 7,500.0000 $7,500.00 100-87-828 700-702 -Contract Service General Service Agreement 7 ,500 .0C II, TOTAL DUE $7,500 .00 • DATE 06/20/2017 Authorized Signature Special Inst ructions