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18-065 Amendment #1 dated 7-21-22 Thermal Mechanical for On-call heating, air conditioning and ventilation services at various City facilities
1 FIRST AMENDMENT TO AGREEMENT 204 BETWEEN THE CITY OF CUPERTINO AND THERMAL MECHANICAL, INC., FOR ON-CALL HEATING, AIR CONDITIONING AND VENTILATION SERVICES AT VARIOUS CITY FACILITIES This First Amendment to Agreement 204 between the City of Cupertino and Thermal Mechanical, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Thermal Mechanical, Inc., a Corporation (“Contractor”) whose address is 425 Aldo Ave., Santa Clara, CA 95054, and is made with reference to the following: RECITALS: A. On March 15, 2021 Agreement 204 (“Agreement”) was entered into by and between City and Contractor for On-call heating, air conditioning and ventilation services at various City facilities. B. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and restated by this First Amendment. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Work a total amount that will based upon actual costs but that will be capped so as not to exceed $120,000.00 (“Contract Price”), based upon the Scope of work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 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 THERMAL MECHANICAL, INC. By By Title Title Date Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Amount $60,000 1st Amendment $60,000 TOTAL $120,000 Dave Rood President Jul 21, 2022 Christopher D. Jensen Director of Public Works Jul 21, 2022 Jul 21, 2022 DATE iMMiDD/Y'fYY) 4/1 /2022 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 SLIBROGATION 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 2:WOS['roaukegPi:SE3':u;v:r'dY Suite 220 CONTACT NAME, Lynda McLain =."A. EXil: 916-367-4303 I r6XC, No): KOSeVllle, (,A !:1555'l www.risk-strategies.com MAIL " ADDRESS: lmclain@risk-strategies.com INSuRERiSl AFFORDING COVERAGE NAIC# ixsupepo : Travelers Indemnity Company of CT 25682 INSuRED Thermal Mechanical 425 Aldo Avenue Santa Clara CA 95054 INSURER B : St Paul Surplus Lines Insurance Company 30481 ixsupep c : Travelers Property Casualty Co of America 25674 INSURER D : INSURER E . INSURER F : COVERAGES CERTIFICATE NUMBER: 675232G)6 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 REQtJIREMENT, 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, E)a-CLllSIONS AND CON()ITIONS OF StJCH oOLICIES. LIMITS SHOWN MAY HAVE BEEN P.EDUCED BY oAID CLAIMS INSR Lm TfPE OF INSuR ANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/'n'/'Q POLICY EXP iMWDDl LIMITS A !COMMERCIAL GENERAL LIABILITY ICLAIMS-MADE [Z] OCCUR /J DT22-CO-8G80535A-TCT-22 4/1/2022 4/1/2023 EACH OCCURRENCE $1 ,000,000 [)AMAGE TO RENTED PREMISES lEa occurrence)$ 300,000 ME[) EXP (Any one person)s5,000 PERSONAL & ADV INJURY sI,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRO- ___4 POLICY LJ JECT LOC J I OTHER $10,000 PD Ded GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY _/ ANY AUTO OWNED SCHE €LlLED__ AUTOS ONLY L___J AUTOS HIRED n NON-OWNED j_ AIITOS ONLY [ AUTOS ONLY J 81 0-8M554728-22-26-G Comprehensive & Collision Deductibles - $1,000 4/1 /2022 4/1/2023 COMBINED SINGLE LIMIT (Ea accident)S 1 ,000,000 BODILY INJURY (Par person)$ BODILY INJURY (Pet accident)$ PROPERTY DAMAGE (Pet accident)$ Hired Auto Physical Dmc $lncluded c !UMBRELLA LIAB EXCESS LIAB !OCCUR CLAIMS-MADE CUP-1 S615672-22-26 4/1/2022 4/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE s 5,000,000 DED I I RETENTION $ N/A $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y , N :'p':'e':";o:"A'c'c'u'A':gHEcUT'VE D 'lfMyae'sd, ad'eos"cn:'eNuHnd'et DESCRIPTION OF OPERATIONS below N IA J UB-3K21 9589-22-26-G Officers Excluded: - Richard Rood - David Rood 4/1/2022 4/1/2023 J I s'?K'rure I I K:H- E L EACH ACCIDENT $1 ,000,000 EL [)ISEASE-EAEMPLOYEE $1 .OOO.OOO E L DISEASE- POLICY LIMIT $1 ,000,000 B c Pollution/Professional Liability" Rented/Leased Equipment "Retro Date 1 0/1 8/2000 16PO4233 QT6607F31 2272TIL22 4/1/2022 4/1/2022 4/1/2023 4/1/2023 $2,000,000 Per Occ/Aggregate Limit $100,000 Limit Subject to $5,000 Ded DESCRIPTIONOFOPERATIONSILOCATIONSIVEHICl_ES iACORD'l01,AdditionalRemarksSchedule,maybiattachedifmorispaceisrequiriid) RE: Heating, Ventilation, Air Conditioning Services, City of Cupertino Buildings. The City of Cupertino, its City Council, officers, officials, employees. agents, servants and volunteers are included as additional insureds on a primary and non-contributory basis as respects the Commercial General Liability policy. Waiver of Subrogation in favor of said parties is included on the General Liability, Automobile Liability, and Employers' Liability policies. All endorsements are attached. CERTIFICATE HOLDER City of Cupertino 40555 Mary Avenue Oupertino CA 95014 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AuTHORIZED REPRESENT ATIVE RSC Insurance Brokerage ACORD 25 (2016/03) CANCELLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 6752]296 I 22-2'l T14I GL/Auto/Umb/WC/Poll&Prof-Equip I Sandra 4/1/2022 4:2B:51 A14 IPDT)Pat)e 1 of 11 04/0 1/2022 DT22-CO-8G80535A-TCT-22 Tliennal Meclianical 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 underthe 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 yoiir subcontractor in the performarice of "yoiir 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 "occurrence" or offense. (2) If a claim is made or "suif' is brought against the additional insured: CG 02 46 0419 @ 2018 The Travelers Indemnity Company. All rights reserved Page 1 of 2 6'l523296 I 22-23 TMI Gll/Aut0/Umb/WC/Ptill&Pr0f-ECliilp i Sandra Guo I 4/1/2022 4:2B:5:1 AM (PDT) I Page 2 0f 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 or 2 @ 2018 The Travelers Indemnity Company. All rights reserved.CGD2460419 6 7 5 -"' 3 2 9 6 2 2 -GL / Au to / Umb / WC / Pol l & Prof - Equ xp I Sa nd r a Guo I 4 / 1 / 2022 4 : 28 : 53 AM ( P DT ) I Pa the 3 of 11 4/1/2022 DT22-CO-8G80535 A-TCT-22 Thermal Meclianical COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any in3ury, 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. Blanket Additional Insured - Governmental Entities - Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSuRED SuBSIDIARIES UNNAMED The following is added to SECTION II- WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, 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 "properly damage" that occurred, or "personal and advertising injury" caused by an offense committed: 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 11- Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability - Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. AtruSt; as indicated in its name or the documents thot govern its structure. B. BLANKET ADDITIONAL INSURED - GOVERNMENTAL ENTITIES - PERMITS OR AuTHORuTIONS RELATING TO OPERATIONS The following is added to SECTION II - WHO IS AN INSURED: Any govemmental 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 injury', "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such govemmenta entity does not apply to: a. Any "bodily injury", "properly damage" or "personal and advertising injury" arising out of operations performed for the govemmental entity; or b. Any "bodily injury" or "properly damage" included in the "products-completed operations hazard" CGD3160219 @ 2017 The Travelers Indemn$ Company All rights reserved. Includes copyrighted material of Insurance Services Office,Inc, with its pennission. Page j of 3 67523296 I 22-2:1 TMI GL/Auto/Umb/WC/Poll&Prof-Equ+p I Sanclta Guo 4/1/2022 4:28:53 AM (PDT)Page 4 of 11 COMMERCIAL GENERAL LIABILITY C. INCIDENT AL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Sedion: 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.ail) of SECTION II - WHO IS AN INSuRED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (l)(ai (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 or paramedic; 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 "voluriteer 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 LIABILITf: Sale Of Pharmaceuticals "Bodily injury' or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of phamiaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related fumishing 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 LIABILITY CONDITIONS: 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 An Insured. D. BLANKETWAIVEROFSUBROGATION 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. E. 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; Page 2 of 3 @ 2017 The Travelers Indemnity Company. All rights reserved. CG 03 16 0219 Includes copyrighted material of Insurance Services Office,Inc, with its permission 67523296 22-:3 G L/ Au to / Umb / WC / Po 11 & Pyo f - nqu lp I San d+ a 4/1/2022 4:28:53 AM (PDT)Page 5 of 11 COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(l) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGETOPREMISESRENTEDTOYOu The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "properly damage" to: a. Any premises while rented to you or temporarily occupied by you with permission of the owner: or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CGD3160219 @ 2017 The Travelers Indemnlty Company. All rights ressrvsd. Includes copyrightsd matsrial or Insurance Services Office, Inc., whh its permission. Page 3 of 3 6752]296 I 22-23 TMI GL/Auto/[)mb/WC/Poll&Prof-Equxp I Sandta Guo 4/1/2022 +:28i53 AM (PDT)Page 6 of 11 Thei'mal Mechanical 810-8M554728-22-26-G 4/i/2022 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 bmadens 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. Limitmions 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 IN!IURED B. BLANKET ADDITIONAL IN8URED C. EMPLOYEE HIRED AUTO D. EMPLOYEE8 A8 lN8uRED E. 8uPPLEMENTARY PAYMENT8 - 1NCREA8ED LIMIT8 F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BA818 G. WAIVER OF DEDUCTIBLE - GLA88 PROV1810N8 A. BROAD FORM NAMED 1N8URED The follomng is added to Paragraph A,1., Who Is An Insured, of SECTION If - COVERED A1JTO8 LIABILITY COVERAGE: Any organization you nemy 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 1 80th day afier you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAl 1N8URED The follomng 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 agreemerd 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. HIRED AUTO PHY81CAL DAMAGE - LO88 0F U8E - INCREA8ED LIMIT 1. PHY81CAL DAMAGE - TRAN8PORTAT10N EXPEN8E8 - INCREA8ED LIMIT J. PER80fSlALPROPERTY K. AlR8Ms8 L. NOTICE AND KNOWLEfXsE OF ACCIDENT OR LO88 M. BLANKET WAIVER OF 8UBROGATION N. UNINTENTIONAl ERROR8 0R OM18810N8 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. EMPIOYEE HIRED AUTO t The follomng is added to Paragraph 4.1., Who Is An Insured, of SECTION II - COV- ERED AUTO8 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, mth your permission, while performing duties related to the conduci of your busi- ness. 2. The follomng repiaws Paragraph b. in a.s., Other Insurance, of SECTION IV - BU81- NE88 AUTO CONDIT10N8- b. For Hired Auto Physical Damage Cover- age, the follomng are deemed to be coy- ered 'autos" you own: (1) Any covered 'auto" you lease, hire, rent or bonow; and (2) Any covered "auto" hired or rented by your 'employee' under a contract in an "employee's" name, mth your GA T3 63 02 18 @2016 The Travelers Irx!emn§ Company. All r%lhUi reserved. Indudea copyr%;)hted rnaterlsl t Insurarce 8avk,as Office, Inc. wlth % pMmlmlon. Page 1 of 4 67523296 I 22-23 TMI GL/Auto/Umb/WC/PollbPiof-nqiiip I Sandra 4/1/2022 4:28:53 Act (PDT)Page 1 of COMMERCIAL AUTO permission, while performing duties related to the condua of your busi- ness. However, any "auto' that is leased, hired, rented or borrowed mth a driver is not a wvered "auto". D. EMPLOYEE8 A8 1N8URED The follomng is added to Paragraph A.t, Who is An Insured, of 8ECTION II - COVERED AUTO8 LIABILITY COVERAGE: Any "employee" of yours is an 'insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. 8UPPLEMENTARY PAYMENT8 - 1NCREA8ED L1MIT8 1. The follomng replaces Paragraph A.2.a.(2), of SECTION II - COVERED AUTOS LIABIL- ITYCOVERAGE. (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an 'accident" we cover. We do not have to furnish these bonds. 2. The follomng replaces Paragraph AJ.a.(4), of SECTION 1€ - COVERED A11TO8 LIABIL- ITf COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of eamings up to $500 a day be- cause of time off fmm work. F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BA818 The follomng replam Subparagraph (6) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - Bu!11NES8 JujTO CONDI- T10N8: (6) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or mthin such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto' that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto' you lease, hire, rent or borrow from any of your 'employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit' brought outside the United States of America, the territories and possessions of the Llntted States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tie any such claim or "suit' and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" mll make any settlement mthout our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or Jjsu ailn. (iv) We mll reimburse the "insured' for sums that the "insured" legally must pay as damages because of 'bodiiy injury" or "property damage" tO which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph c., Limits Of Insurance, of SECTION It - COVERED AUTOS LIABILITY COVERAGE. (v) We mll reimburse the "insured" for the reasonable expenses incuned with our consent for your investiga- tion of such daims and your defense of the "insured" against any such "suit', but only up to and included within the limit described in Para- graph c., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insuranw available to the 'insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the united States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 @2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Inaurance Services Office, Inc. with Its permlsslon. CAT3630216 6 1 52 3 2 e 6 I 2 2 - 2 3 TMI GL/ Auto / Umb / WC / Pol l & P r o f -Squ 11) l S andr a Guo i 4 / l / 2 02 2 4 : 2 B :5 3 AM i PDT )Page B of COMMERCiAL AUTO 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 mth compulsory insurance requirements mll not invalidate the coverage afforded by this policy, but we mll only be liable to the same extent m would have been liable had you complied mth 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 fumishing of certificates of insurance, or for compliance in any way mth the laws of other countrtes relating to insurance. G. WAIVER OF DEDUCTIBLE - GLA88 The following is added to Paragraph o., Deducti- ble, of SECTION Ill - PHYSICAL DAN)AGE COVERAGE: No deductible for a covered 'auto" mll apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LO88 0F u8E - INCREA8ED LIMIT The follomng replaws the lam sentence of Para- graph A.4.b., Loss Of use Expenses, of 8EC- TION ill - PHYSICAL DAThtlAGE COVERAGE: However, the most we mll pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one 'accident". 1. PHYSICAL DAMAGE - TRANSPORTATION EXPEN8E8 - INCREASED LIMIT The follomng replaces the firat sentence in Para- graph A.4.a,, Transportation Expenses, of 8ECT10N lie - PHYSICAL DAMAGE COVER- AGE: We mll 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 follomng is added to Paragraph A.4., C:over- age Extensions, of 8ECTION Ill - PHYSICAL DAMAGE COVERJXsE: Personal Property We mll pay up to $400 for 'loss" to wearing ap- parel and other personal pmperty which is: (1} Owned by an 'insured'; and (2) In or on your covered "auto'. This coverage applies only in the event of a total thefi of your covered "auto". No deductibles apply to this Personal Property coverage. K. A1RBAG8 The follomng is added to Paragraph s.s., Exclu- saons, 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.l.b. and A.l.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 mll pay up to a maximum of $1,000 for any one 'loss'. L. NOTICE AND KNOWLEDGE OF ACCIDENT OR cogs The follomng is added to Paragraph A.2.a., of - SECTION IV - BU81NE81 AUTO CONDIT10N8 Your duty to give us or our authorized represefnta- 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 8uBROaATlON The following replams Paragraph A.6., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BU81NE88 AUTO CONDI- T10N8: 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 wiitten contract signed and executed pnor to any 'accident" or 'loss", provided that the 'accident" or "lod' arises out of operations contemplated by CA T3 63 02 16 @ 2015Tha Tmwilers Indemntty Company. All nghm reserved. Includes wpyrlghted material oT Inairance 8ervlm Offloa, It'c. mlh Its permmmon. Page 3 of 4 67523296 I 22-23 TMI GL/Auto/Umb/WC/Pollitof-Equip i Sandta Guo 4/1/2022 4:28:5] AM (P[)Tl Page g of 11 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERROR8 0R OM18810N8 The follomng is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of 8ECTION IV - BUSINESS AUTO CONDIT10N8: The unintentional omission 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- led additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 @ 2015 The Travelara Indemmty Company. All rlghta reaeirved. Includes wpyrlghted materlal of Insurance ServkW Offkie, Inc. mih Its pennimlon. CAT36302'l8 6 7 5 2 3 2 9 6 I 2 2- 2 l TMI GL/ Au to / Umb / WC / Pol l & P yof - Equ xp I Sa nd r a Guo I 4 / 1 / 2 02 2 4 :2 8 :5 3 AM I PDT 1 I Pa g e 10 o f 11 TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - 001 'o"' NUMBER:UB3K2195892226G 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 % of the California workers' compensation pre- mium' 04/ml20n Schedule Person or Organization Job Description eAXneycupIeerdsopiril.oOrr oIOrfflaOnsSiztaotifoklnnlfolSrhwIhhlisclwi taliiveeirnsurcd lias agreed by written contract 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 EffeCt!Ve Pal!C'} NO.UB3K2195892226G Endorsemen( NO. lnsuredThermalMecl'ianical Premium Insurance Company Countersigned by DATE OF ISSUE:ST ASSIGN:Page 1 of 1 67523296 I 22-.:3 TMI GL/Auto/[lmb/WC/Pollirof-Equip i Sandra Guo 4/1/2022 4:2B:53 AM (PDT)Page 11 of 11 On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 1 of 12 ON-CALL PUBLIC WORKS CONTRACT WITH THERMAL MECHANICAL, INC 1. PARTIES This On-Call Public Works Contract (“Contract”) is made by and between the City of Cupertino, a municipal corporation (“City”), and Thermal Mechanical, Inc (“Contractor”) a Corporation for On- call heating, air conditioning and ventilation services at various City facilities, and is effective on the last date signed below (“Effective Date”). 2. SCOPE OF WORK 2.1 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 described in the Scope of Work (“Work”), attached and incorporated here as Exhibit A, on an as- needed basis. The Work must comply with this Contract and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and incorporated as Exhibit A-A. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request that Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Work, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Work performed without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2023 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Contract, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time. 3.3 Time is of the essence for the performance of all the Work required in this Contract and in each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 2 of 12 the Work on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work a total amount that will based upon actual costs but that will be capped so as not to exceed $60,000.00 (“Contract Price”), based upon the Scope of Work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work pursuant to a specific Service Order as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons hired to work under this Contract. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 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, if required by the Cupertino Municipal Code. 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 Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Contract and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Contract or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 3 of 12 overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Contract, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Contract are not greater than they would have been had the determination not been made. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors, and permitted assigns. 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 25% of the Work under any give Service Order, provided that each subcontractor is required by contract to be bound by the provisions of this Contract and any applicable Service Order. 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-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 4 of 12 on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work under a particular Service Order if the Work 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 Work pursuant to a Service Order. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City’s final payment. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of Cit y personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, 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, 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. On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 5 of 12 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract. 11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’ Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Contract. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Contract. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City. City will not execute the Contract until City approves 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 for Contractor and deducting the costs from Contractor’s compensation or terminating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal 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 authorization of employees performing the Work, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. a. The following provisions apply to any Service Order of $1,000 or more: i. In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 6 of 12 shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ii. Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. iii. Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. iv. Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. v. Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. vi. Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. vii. Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 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 the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of 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, On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 7 of 12 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 Sectio ns 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 subcontractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants, and agents, may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees t o abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all other rights and remedies available under the law and this Contract, including the right to seek indemnification under Section 11 of this Contract. 14. BONDS For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the compensation pursuant to the Service Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from payments due Contractor, or terminate the Service Order or Contract. City will not authorize work under a Service Order 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 un derground 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. On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 8 of 12 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (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 Service Orders where compensation is $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 mu st 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 offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 9 of 12 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. 17. PROJECT COORDINATION City Project Manager. The City assigns Ken Tanase as the City’s representative for all purposes under this Contract, with authority to oversee the progress and performance of the Scope of Work. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Wayne Shipley as its single Representative for all purposes under this Contract, with authority to oversee the progress and performance of the Work. Contractor’s Project manager is responsible for coordinating and scheduling the Work in accordance with City instructions, service orders, and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Work or parts thereof 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 Work under a Service Order. With City’s pre-approval in writing, the time spent in closing out Work under a Service Order will be compensated up to ten percent (10%) of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products, and deliverables completed. 19. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 10 of 12 party will be entitled to reasonable attorney fees and costs. 21. SIGNS/ADVERTISEMENTS 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’s waiver of a breach shall not constitute waiver of another provision or breach. 24. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Cont ract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 25. ENTIRE AGREEMENT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling. 26. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 27. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends. On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 11 of 12 28. INSERTED PROVISIONS Each provision and clause required by law for this Contract is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 29. HEADINGS The headings in this Contract are for convenience only, are not a part of the Contract and in no way affect, limit, or amplify the terms or provisions of this Contract. 30. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 31. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Ken Tanase Email: kent@cupertino.org To Contractor: Thermal Mechanical, Inc 425 Aldo Ave. Santa Clara, CA 95054 Attention: Wayne Shipley Email: wshipley@thermalmech.com 32. VALIDITY OF CONTRACT This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney’s Office. 33. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. This Contract may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. On-call heating, air conditioning and ventilation services at various City facilities On-Call Public Works Contract/ Rev. Jan. 2021 Page 12 of 12 IN WITNESS WHEREOF, the parties have caused the Contract to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date THERMAL MECHANICAL, INC By Name Title Date APPROVED AS TO FORM: HEATHER M. MINNER Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date David Rood President Mar 15, 2021 David Rood Heather M. Minner Mar 15, 2021 Director of Public Works Roger Lee Mar 15, 2021 EXHIBIT A NOTE: Thermal Mechanical also installs and replaces H.V.A.C. equipment and systems, and H.V.A.C. control issues. EXHIBIT A 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 1/20 Mandator y Directive for Construction Projects Mandatory Directive for Construction Projects – PDF: English | Spanish | Vietnamese | Chinese | Tagalog | *Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a di erence 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.* Information on the State’s Order and State guidance is available at covid19.ca.gov. Issued: July 7, 2020 Revised: October 13, 2020 If you think you are sick County Services During COVID-19 Eviction Moratorium Information Healthcare Provider Information Frequently Asked Questions and Ask a Question Home I am searching for... How Do I...Public Health Orders COVID-19 Data Learn What to Do Businesses and Workplaces Our County Response News Archives FREE COVID-19 Testing COVID-19 Vaccine Quick Links 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 2/20 On August 28, 2020, the State released its Blueprint for a Safer Economy (“Blueprint”), a statewide system of COVID-19 restrictions. Santa Clara County is currently in Tier Three (Orange) of the Blueprint. Under the Blueprint, construction ser vices may operate in Tier Three counties, including Santa Clara County. See the Statewide Public Health O icer Order here and the State’s Blueprint here . These businesses must follow the mandatory requirements in this Directive, the State and County Health O icer Orders, and the State’s COVID-19 Industr y Guidance documents, including the State’s COVID-19 Industry Guidance for Construction available here. While the construction industr y is critical to ensuring a safe and su icient 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, o en 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 Share a Concern 2-1-1 for Coronavirus Questions CDPH Novel Coronavirus Info CDC Novel Coronavirus Updates 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 3/20 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 O icer’s Order issued on October 5, 2020 (“Order”). Construction projects must comply with the Order and all requirements of this Directive. The Order Issued October 5 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 and governmental entities must fill out and submit a Revised Social Distancing Protocol within 14 days of the Order’s e ective date. The Revised Social Distancing Protocol must be filled out using an updated template, which will be available here . The Protocol is submitted under penalty of perjur y, 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 o icials who are enforcing the Order. For any business that only performs 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 4/20 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 ser ves 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 and government entities 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 a er online submission of the Revised Social Distancing Protocol. The Revised Social Distancing Protocol specifies additional signage requirements. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 5/20 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 must wear face coverings at all times specified in the California Department of Public Health’s mandatory Guidance for the Use of Face Coverings (“Face Covering Guidance”) and in any specific directives issued by the County Health O icer. Further, even where not required under State or local guidance and orders, face coverings should be worn to the maximum extent possible (1) when indoors and not in one’s own residence and (2) whenever outdoors and within six feet of anyone outside one’s own household. Face coverings must be worn even while working at a construction project unless if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. Capacity Limitation: All businesses must limit the number of people inside a facility at the same time ensure that everyone is able to maintain at least 6 feet of social distance from everyone outside their household at all times. 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. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 6/20 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 o 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. e. The worker must frequently wash hands with soap and water for at least 20 seconds or use 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 7/20 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 o icial. 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 10.* 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 Revised 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 8/20 construction jobsite is performed in compliance with the Order, this Directive, and the jobsite-specific Revised Social Distancing Protocol. c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite-specific Revised Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite-specific Revised 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; ii. the subcontractor has reviewed the General Contractor’s jobsite-specific Revised Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Revised 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 9/20 General Contractor must immediately implement the jobsite-specific Revised 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 Revised Social Distancing Protocol. 3. Cleaning A er 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 Revised Social Distancing Protocol, and any other laws and 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 10/20 regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what di erent 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 Revised Social Distancing Protocol, this Directive, and all other applicable laws and regulations. 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 Revised Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed at www.sccCOVIDconcerns.org or by calling the County O ice of Labor Standards Enforcement Advice Line at 866-870-7725. 5. Designated COVID-19 Supervisor(s) a. The General Contractor must designate a site-specific COVID-19 Super visor or Supervisors to enforce the jobsite-specific Revised 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 ser ve in this role. The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID-19 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 11/20 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 Revised 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 Revised Social Distancing Protocol, and the Order. 6. Seal O 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 o 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) di erent from the entr y/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 work area 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 12/20 must be cleaned and sanitized at the beginning and at the end of workdays. e. Ever y e ort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distance 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 Face Covering Guidance for the Use of Face Coverings and any additional directives issued by the County Health O icer. 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 and other Measures a. The General Contractor must: Ensure that workers are able to maintain at least 6 feet social distance at all times, except as strictly and temporarily necessary to safely carry out a specific job function. i. This may require staggering shi s, breaks, and trade-specific work as necessar y to reduce density and allow for easy maintenance of at least 6 feet of social distancing. Staggered shi s and breaks must comply with applicable wage and hour laws. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 13/20 ii. Eliminate or resolve “choke points” and “high-risk areas” where workers are unable to maintain at least 6 feat of social distance. The General Contractor must prohibit or limit use of these areas to ensure that 6 feet of social distance can easily be maintained between individuals. iii. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. iv. 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. v. Cal-OSHA requires employers to provide water. Water must be provided in single-ser ve containers. vi. 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 feet of social distance at all times 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, or if necessary 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 14/20 because they have no alternative means of transportation. If workers from di erent 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 a er each use. c. Wash your hands o en 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 o en, 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 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. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 15/20 g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessar y to get closer to safely 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/l earn-what-to-do-flyers.aspx . 10. Cooperate with County’s Case Investigation and Contact Tracing E orts 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 e orts. 11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 16/20 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, forepersons, 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 specifications: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; 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: 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 17/20 i. Conduct daily briefings in person (with proper social distancing) or by teleconference that must cover the following topics: A. New jobsite rules and pre- jobsite travel restrictions for the prevention of COVID-19 community spread. B. Review of sanitizing and hygiene procedures. C. Worker feedback on improving safety and sanitizing. D. Coordination of construction site daily cleaning /sanitization requirements. E. Any newly available information regarding COVID-19. F. 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 o icial. iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive: G. Develop a remediation plan; H. If any non-compliance is identified, ensure that the remediation plan is implemented, and post the 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 18/20 remediation plan at all entrances to the jobsite during the remediation period; I. Stop any construction activity until the jobsite is back in compliance; and J. 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 o en 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 19/20 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 Revised Social Distancing Protocol, the JSAS must work with the designated COVID-19 Super visor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID-19 Super visor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite-specific Revised Social Distancing Protocol. The JSAS must make sure that the 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 o icial 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 20/20 (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 O icer Order, visit the County Public Health Department’s website at www.sccgov.org /coronavirus . Last updated: 12/1/2020 11:23 AM Report a problem with this page All Content Copyright © 2021 , County of Santa Clara, CA CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT #:MA Date: Maximum Compensation: Consultant:Firm Name: Address: Contact: Ph: Email Address: Project Name: Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : SO Acc't #:PO #: Project #:Date: Approvals: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance:Date: Consultant: CIP Manager: Management Analyst Master Agreement Maximum Compensation: Master Agreement Unencumbered Balance: Total Previously Encumbered to Date: MA End Date: Encumbrance this Service Order: City of Cupertino Master Agreement Service Order Exhibit B Insurance Requirements for Construction Contracts - $60,000 Version: Sept. 2019 &RQWUDFWRUVKDOOSURFXUHDQGPDLQWDLQIRUWKHGXUDWLRQRIWKHFRQWUDFWand for five years following the completion of the ProjectLQVXUDQFHDJDLQVWFODLPVIRULQMXULHVWRSHUVRQVRUGDPDJHVWRSURSHUW\ZKLFKPD\DULVHIURPRULQ FRQQHFWLRQZLWKWKHSHUIRUPDQFHRIWKHZRUNKHUHXQGHUE\&RQWUDFWRULWVDJHQWVUHSUHVHQWDWLYHVHPSOR\HHVRU VXEFRQWUDFWRUV 0,1,0806&23($1'/,0,72),1685$1&( &RYHUDJHVKDOOEHDWOHDVWDVEURDGDV &RPPHUFLDO *HQHUDO /LDELOLW\ ³&*/´ ,QVXUDQFH 6HUYLFHV 2IILFH ,62 )RUP &* FRYHULQJ&*/ RQDQ ³RFFXUUHQFH´ EDVLVwritten 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, SURGXFWV DQG FRPSOHWHG RSHUDWLRQVvehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. 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The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <__________________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] <Project Title> 2021 Form PAYMENT BOND <Project Number> Page 31 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PAYMENT BOND <Project Title> 2021 Form PERFORMANCE BOND <Project Number> Page 32 Performance Bond <______________________________> (“City”) and __________________________ (“Contractor”) have entered into a contract for work on the <_______________________________________________> Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ <Project Title> 2021 Form PERFORMANCE BOND <Project Number> Page 33 Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <___________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PERFORMANCE BOND Thermal Mechanical Amend #1 for On-call heating, air conditioning and ventilation services at various City facilities Final Audit Report 2022-07-21 Created:2022-07-20 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAiOweg31aMmpl6ta-EP1I44SDa8z_Z-5P "Thermal Mechanical Amend #1 for On-call heating, air condition ing and ventilation services at various City facilities" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-07-20 - 9:22:02 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2022-07-20 - 9:23:56 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2022-07-20 - 9:24:28 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-07-20 - 9:24:46 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-07-21 - 4:02:34 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to wshipley@thermalmech.com for signature 2022-07-21 - 4:02:38 PM GMT Email viewed by wshipley@thermalmech.com 2022-07-21 - 6:17:06 PM GMT- IP address: 69.181.125.141 Signer wshipley@thermalmech.com entered name at signing as Dave Rood 2022-07-21 - 6:38:16 PM GMT- IP address: 69.181.125.141 Document e-signed by Dave Rood (wshipley@thermalmech.com) Signature Date: 2022-07-21 - 6:38:17 PM GMT - Time Source: server- IP address: 69.181.125.141 Document emailed to christopherj@cupertino.org for signature 2022-07-21 - 6:38:22 PM GMT Email viewed by christopherj@cupertino.org 2022-07-21 - 7:54:32 PM GMT- IP address: 172.225.89.28 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-07-21 - 8:13:55 PM GMT- IP address: 174.194.200.231 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-07-21 - 8:13:56 PM GMT - Time Source: server- IP address: 174.194.200.231 Document emailed to Matt Morley (mattm@cupertino.org) for signature 2022-07-21 - 8:14:01 PM GMT Email viewed by Matt Morley (mattm@cupertino.org) 2022-07-21 - 9:54:49 PM GMT- IP address: 104.47.73.254 Document e-signed by Matt Morley (mattm@cupertino.org) Signature Date: 2022-07-21 - 9:55:52 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-07-21 - 9:55:56 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-21 - 10:20:36 PM GMT- IP address: 104.28.123.113 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-07-21 - 10:43:09 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2022-07-21 - 10:43:09 PM GMT