13-190 Griffin Painting, Inc., Blue Pheasant Exterior PaintingDecember 18, 2013
Griffin Painting, Inc.
1020 Ruff Drive
San Jose, CA 95110
RE: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) '777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
Enclosed for your records is a fully executed. original copy of your agreement with the
City of Cupertino. If you have any questions, please contact the Public Works Department
at (408) 777 -3354.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
cc: Public Works.
Enclosure
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND GRIFFIN PAINTING
INC.
THIS AGREEMENT, for reference dated September 19th 2013, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and
"GRIFFIN PAINTING INC. ", a California corporation whose address is
1020 Ruff Drive San Jose, CA. 95110 hereinafter called the Contractor,, and is made with
reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to can-y on its business as it is now being conducted
under the Constitution and the statutes of the State of California and the Cupertino Municipal
Code.
B. City and Contractor desire to enter into an agreement for
Blue Pheasant Exterior Painting in accordance with the proposal dated November 10',
2012
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM:
The Contractor shall begin work within thirty (30) calendar days after receiving notice
from the Facilities Supervisor to commence the work, and shall diligently prosecute the work to
completion before the expiration of thirty (30) consecutive working days from the date of receipt
of notice to begin work.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment,
materials, except as otherwise specified, and to do all work strictly in accordance with the
proposal (Exhibit A) dated November 14`h, 2012 hereby referred to and expressly made a part
hereof with the same force and effect as if the same were fully incorporated herein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this agreement in an
amount not to exceed twelve thousand nine hundred dollars ($12,900.00) based on the rates of
payment set forth in Exhibit A, attached and incorporated herein by this reference. Payment will
be made in the same manner that claims of a like character are paid by the City, with checks
drawn on the treasury of the City, to be taken from the general fund.
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4. TIME IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance of this
Agreement.
5. STANDARD OF CARE:
Contractor agrees to perform all services :hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all
services shall be performed by qualified and experienced personnel who are not employed by the
City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Contractor intend that the relationship between them created by this Agreement
is that of employer- independent contractor. The manner and means of conducting the work are
under the control of Contractor, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of employment
will be acquired by virtue of Contractor's services. None of the benefits provided by City to its
employees, including but not limited to unemployment insurance, workers' compensation plans,
vacation and sick leave are available from City to Contractor, its employees or agents.
Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or
other purposes normally associated with an employer- employee relationship from any fees due
Contractor. Payments of the above items, if required, are the responsibility of Contractor.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment
authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA
or other federal or state rules and regulations. Contractor shall indemnify and hold City harmless
from and against any loss, damage, liability, costs or expenses arising from any noncompliance
of this provision by Contractor.
8. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer /employee conduct, Contractor agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on
the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any
and all violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agent.,, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other
liability of any nature, arising out of, pertaining to, or related to the performance of this
Agreement by Contractor or Contractor's employees, officers, officials, agents or independent
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contractors. Contractor shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole negligence or willful misconduct of City, its agents
or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of
City's choice, expert fees and all other costs and fees of litigation.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in these sections from each and every subcontractor or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If
Contractor fails to obtain such indemnity obligations from others as required here; Contractor
agrees to be fully responsible according to the terms of this section.
10. INSURANCE:
On 'or before the commencement of the terms of this Agreement, Contractor shall furnish
City with certificates showing the type, amount, class of operations covered, effective dates and
dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such
certificates, which do not limit Contractor's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this certificate be canceled
or coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,
"Attention: City Manager." It is agreed that Contractor shall maintain in force at all times
during the performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do insurance
business in the State of California. Endorsements naming the City as additional insured shall be
submitted with the insurance certificates.
A. COVERAGE:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000
each occurrence
$2,000,000
aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $2,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the
following minimum limits:
Bodily injury: $500,000 each occurrence
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Property Damage: $500.,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
B. SUBROGATION WAIVER:
Contractor agrees that in the event of loss due to any of the perils for which it has agreed
to provide comprehensive general and automotive liability insurance, Contractor shall look
solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer of said Contractor may acquire against City by virtue of the payment of any loss
under such insurance.
C. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the
foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or
as an agent of the Contractor and shall be compensated by the Contractor for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees, and volunteers shall
be named as an additional insured under all insurance coverages, except worker, s compensation
insurance. The naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such additional insured.
An additional insured named herein shall not be held liable for any premium, deductible portion
of any loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCIE:
The insurance limits required by City are not represented as being sufficient to protect
Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate
coverage for Contractor.
11. BONDS:
Contractor is not required to provide bonds.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee, hypothecate or transferee shall. acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.. However, claims for money by Contractor
from City under this Agreement may be assigned. to a bank, trust company or other financial
institution without prior written consent. Written notice of such assignment shall be promptly
furnished to City by Contractor.
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The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate
Member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy,
which shall result in changing the control of Contractor, shall be construed as an assignment of
this Agreement. Control means fifty percent (50 %) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and subcontractors
whose names are listed in Contractor's bid shall N: used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope
of work to be subcontracted and the name of the proposed subcontractor. Such request shall set
forth the total price or hourly rates used in preparing estimated costs for the subcontractor's
services. Approval of the subcontractor may, at the option of City, be issued in the form of a
Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to carry
general and automobile liability insurance in reasonable conformity to the insurance carried by
Contractor. In addition, any work or services subcontracted hereunder shall be subject to each
provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and licenses, including a City Business License,
that may be required in connection with the performance of services hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced,
prepared or caused to be prepared by Contractor pursuant to or in connection with this
Agreement shall be the exclusive property of City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
No report, information nor other data given to or prepared or assembled by Contractor
pursuant to this Agreement shall be made available to any individual or organization by
Contractor without prior approval by City.
Contractor shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
16. RECORDS:
Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the performance of
services under this Agreement.
Contractor shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
5
Contractor shall provide free access to such books and records to the representatives of City or
its designees at all proper times, and gives City thl� right to examine and audit same, and to make
transcripts there from as necessary, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, together with supporting
documents, shall be kept separate from other documents and records and shall be maintained for
a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by
City's preliminary examination or audit of records, and the City's supplemental examination or
audit of the records discloses a failure to adhere, to appropriate internal financial controls, or
other breach of contract or failure to act in good faith, then Contractor shall reimburse City for
all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to City shall be addressed to
City at:
City of Cupertino
10555 Mary Avenue
Cupertino CA 95014
Attention: Chris Orr
All notices, demands, requests, or approvals from City to Contractor shall be addressed to
Contractor at:
Griffin Painting Inc.
3580 Haven Ave #2
Redwood City, CA. 94063
Attention: Mark Griffin
18. URBAN RUNOFF MANAGEMh;NT:
The Contractor shall avoid creating excess dust when breaking asphalt or concrete and
during excavation and grading. If water is used for dust control, contractor shall use as little as
necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters
and storm drains.
The Contractor shall develop and implement erosion and sediment control to prevent
pollution of storm drains. Such control includes but is not limited to:
A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric
fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season
(October 15), in site de- watering activities and saw - cutting activities; shovel or vacuum saw -cut
slurry and remove from the site).
B. Cover exposed piles of soil or construction material with plastic sheeting. All
construction materials must be stored in containers.
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C. Sweep and remove all materials from paved surfaces that drain to streets, gutters
and storm drains prior to rain as well as at the end of the each work day. At the completion of
the project, the street shall be washed and the wash water shall be collected and disposed of
offsite in an appropriate location.
D. After breaking old pavement, Contractor shall remove all debris to avoid contact
with rainfall or runoff.
E. Contractor shall maintain a clean work area by removing trash, litter, and debris at
the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they
occur.
The objective is to ensure that the City and County of Santa Clara County -Wide Clean
Water Program is adequately enforced. These controls should be implemented prior to the start
of construction, up- graded as required, maintained during construction phases to provide
adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the States Best
Management Practices Municipal and Construction Handbooks, local program guidance
materials from municipalities, Section 7.1.01 of the Standard Specifications and any other
appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices,
citations, project stop orders or fines. The fine for noncompliance of the above program is two
hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean
Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385.
19. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time
and in the manner required hereunder, Contractor shall be deemed in default in the performance
of this Agreement. If such default is not cured within a period of two (2) days after receipt by
Contractor from City of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, City may terminate the Agreement forthwith by giving to
the Contractor written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon
termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date of
termination.
20. COMPLIANCES:
Contractor shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
21. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
7
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed
with the courts of the County of Santa Clara, State of California.
22. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any
signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services
performed under this Agreement unless prior written approval has been secured from City to do
otherwise.
23. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein,
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein, whether of the same or a different character.
24. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be
held to vary the provisions hereof. Any modification of this Agreement will be effective only by
written execution signed by both City and Contractor.
25. SAFETY REQUIREMENT
All work performed under this Agreement shall be performed in such a manner as to
provide safety to the public and to meet or exceed. the safety standards outlined by CAL -OSHA.
City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or
harmful acts or conditions are observed or reported relative to the performance of the work under
this Agreement.
Contractor shall maintain the work sites free of hazards to persons and /or property
resulting from his or her operations. Any hazardous condition noted by Contractor, which is not
a result of his or her operations, shall immediately be reported to City.
26. HOURS OF OPERATION
Contractor shall be allowed to operate only for the hours of 7:00 a.m. to 3:30 p.m. unless
prior written approval has been secured from City to do otherwise.
27. REQUIREMENT TO PAY PREVAILING WAGES
Consistent with the City's policy to pay prevailing wage rates, Contractor shall
comply with the City's Labor Compliance Program and all other requirements set forth in Labor
Code section 1770 et seq. The City shall require ;payment of the general rate of per diem wages
or the general rate of per diem wages for holiday and overtime work. Contractor will submit
(monthly or biweekly) certified payroll records to the City for all employees and subcontractors
in a preapproved format or a City provided form. Any delay in remitting certified payroll reports
to the City upon request from the City will result in either delay and /or forfeit of outstanding
payment to Contractor.
28. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each were
included herein. If through mistake or otherwise, any such provision is not inserted or is not
correctly inserted, the Agreement shall be amended to make such insertion on application by
either party.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement
and in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the
day and year first above written.
CONTRACTOR
",Griffin Painting Inc.
By
Title
Date- /Z - /?,
Soc. Sec. # or Tax I.D.
CITY OF CUPERTINO
A Municipal Corporation
By-/)("//
Title
Date
RECOMM �D F R APPROVAL:
By
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Title . ✓�.•✓ R2,yx of cr��•. ��/ °�c�s
APPROVED AS TO FORM:
By
City Attorney U
ATTEST:.
City Clerk
Contract Amount. V .Id g
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Account Number: 110° G1LO- WC, 2r
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PURCHASE ORDER
10300 Torre Avenue
Cupertino; CA:95014 -3255
(408) 777 -3219
CUPERTINO
V 1— 1364
N GRIFFIN PAINTING INC
p 3164 ROLISON ROAD
p REDWOOD CITY CA 94063
R L
PURCHASE ORDER NO. 00058215
PAGE NO. 1
S r
HI CITY OF CUPERTINO
i SERVICE CENTER
P 10555 MARY AVENUE
TI
A — CUPERTINO CA 95014
Q lTTN: CHRIS ORR
7
I
Proposal
Griffin Painting Inc.
3580 Haven Ave. #2
Redwood City, CA 94063
CA Lic# 599026
(650) 368 -3190 Fax (650) 368 -3192
PROPOSAL: 002417
Blue Pheasant Exterior
CLIENT: COCU PROJECT: 022398
City Of Cupertino Blue Pheasant Exterior
10300 Torre Ave.
Cupertino, CA 95014 -3202
DATE: 11/14/12
Contractor agrees to furnish all equipment, materials, supplies, services and labor in accordance with all applicable
labor, building and Building Plans and Specifications and to complete the following work:
Proposal Scope of Work:
Attn: Chris
EXTERIOR PAINTING.
Pressure wash building.
Hand tool loose or peeling paint.
Fill holes and cracks.
Prime as needed.
Apply 1 coat of finish to match existing colors.
Price for prevailing wage.
Alternate:
Prepare and paint metal hand rail black (back stair, side ramp, entry stair, kitchen stair).
ADD $ 3,800.00 to Bid.
-u,� c-—
Signed: � .
Dated: cl 11
Title: Sv"P r(/lS +C)
TOTAL BID: $9,100.00
4. fz �0 d
ACOO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
(`� 9/11/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE: A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Insurance Management. Corporation
P.O. Box 1217
License# 0054731
Clayton CA 94517
INSURED
Griffin Painting, Inc.
3580 Haven Ave
Suite #2
cue ` Arlene Huerta
I1AME:
PHONE (925') 673 -2200 FAX (925) 673 -2212
In�r u IA/C. No),
(¢"MAIL cYarlene @imcinsurance.com
DRr
INSURERS AFFORDING COVERAGE NA
INSURERA:James River Insurance CO
INSURERB:Safeco Insurance Co PL ID
INSDRER C Mt Hawlev Insurance Co
I INSURER D:Everest National Insurance
FimmiRFR E •Liberty Insurance Underwriters, 119917
Redwood City CA 94063 1 INSURER F• I I
/ ^IICOAeICC rcoTlrtrrATG KII IIU9:tG0d:T.1 4F1 A09915A. RFVISIAN Nl)MRFR:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE: BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE EEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF1NSURANCE
AODL
UBR
POLICY NUMBER _
POLICY'.VYY
FOLIC YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
DAMAGE RENTED
PREMISES Ea occurre nce
$ 50,000
.
X COMMERCIAL GENERAL LIABILITY
MED'EXP (Any one person)
$
A
CLAIMS -MADE FO OCCUR
X
Y
000235266
1/1/2013
1/1/2014
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 2,000,000
$
POLICY X PRO LOC
I
AUTOMOBILE LIABILITY
LIM
COMBINED SINGLE IT
Ea accident
1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
B
ALL OWNED SCHEDULED
X
5CC3545691
1/1/2013
1/1/2014
BODILY INJURY (Per accident)
$
AUTOS AUTOS
X NON -OWNED
PROPER a caent AMAGE
$
HIRED AUTOS AUTOS
Hirediborrowed
$
X
X
UMBRELLA LIAB
OCCUR
_
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
C
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION$
$
L0370840
1/1/2013
1/1/2014
D
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR /PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$ 1 000 000
E.L. DISEASE - EA EMPLOYE
$ 1,000,000
OFFICER /MEMBER EXCLUDED?
(Mandatory in NH)
NIA
7600004263131
1/1/2013
1/1/2014
E.L. DISEASE - POLICY LIMIT
1 $ 1,000,000
it, yes, describe under
DESCRIPTION'OF OPERATIONS below
_
E
Contractors Pollution
SF 103964 -113
5/11/2013
/11/2014
Each Claim 1,000,000
Liability
[IE
Policy Aggreagate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an
additional insured under all insurance coverages, excerpt worker's compensation insurance per the project
# 0022398.
Waiver of subrogation shall be applied to
Should any of the above insurance covered by this certificate be canceled or coverage reduced before the
expiration date thereof, the insurer affording coveracie shall provide thirty (30) days' advance written
notice to the City of Cupertino by certified mail, "Attention: City Manager.10 Day Notice of Cancellation
CERTIFICATE
City of Cupertino
COCU
10300 Torre Ave
Cupertino, CA 950.14
Arnon oc i jn4ninc%
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ene Huerta/ARLENE —-
n 19RR_9nin ACORD CORPORATION. All riahts reserved.
INS025 (201005).01 The ACORD name and logo are registered marks of ACORD
l
COMMENTSMEMARKS
for Non Payment of Premium.
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
I/
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
POLICY NUMBER POLICY CHANGES` COMPANY
EFFECTIVE
1/1/201312:01 AM JAMES RIVER INSURANCE: COMPANY
00023526 -6 -Standard: Time at the
address of the Named '
Insured
NAMED INSURED AUTHORIZED REPRESENTATIVE
Griffin Painting Inc _ Joseph F. Morris
COVERAGE PARTS AFFECTED
ALL COVERAGE PARTS
ADDITIONAL INSURED —OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED PERSON OR
ORGANIZATION APPLICABLE TO "APARTMENTS", "APARTMENT BUILDINGS" AND ALL CON-
STRUCTION OTHER THAN "RESIDENTIAL HOUSING"
'This endorsement modifies, insurance, provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE. PART
SCHEDULE
Name Of Additional Insured, Person(s) _T Or Organization(s):
Covered. Operations
Any person or organization you are required to include as an
"Your work" .or "your product" related to any con
additional insured. on this policy by- written. contract or wrilten
struction; reconstruction; rebuilding, restoratio
agreement in. effect during this policy period and, executed
renovation, remodeling,, repair, upgrading, improve,-
prior to.the occurrence of the "bodily injury", "property dam-
ment, refurbishing. or development of any project
age" or "personal and advertising injury" i
other than "resid"ential housing", of any description..
Information required to,complete this Schedule, if not shown. above, will be shown. in the Declarations.
A. Section 11 - Who Is An Insured is.amended to includes as an additional'insured the person(s) or organizations)
shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. Theacts or omissions of those acting on.your behalf;
in the performance of your ongoing operations for the additional insured(s). as specified in the schedule.
'B. With respect to the insdrance afforded to these additional insureds, the following additional exclusions apply:
This insurance-does not apply to "bodily injury` or "property damage" occurring °after.
1., All work, including, materials, parts or equipment' furnished in connection with such work, on the project
(other than service, maintenance or repairs). to be performed by or on behalf of the additional insured(s) at
IL1201 04 -03 Page 1 of 2
the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations
fora principal as a part of the same-Project.
C. Any coverage provided to an Additional Insured by this endorsement shall be excess over any other valid
and: collectible insurance available to such Additional Insured whether primary., excess, contingent or on
any other basis unless:
1. a written contract or written agreement specifically requires that this insurance apply on a primary
and noncontributory basis; or
2. prior to a loss, you request. in writing and we agree that this insurance shall apply on a primary, and
non: - contributory basis.
D: The following definitions are added' to SECTION V - DEFINITIONS of this policy:
"Residential housing" means a structure or structures., including the land upon which it is situated, designed or
intended for occupancy in whole or in part as a residence by any person or persons except "residential hous-
ing" does not include "apartments" or "apartment buildings) ".
"Apartments' mean one or more rooms. of a building used as a dwelling unit separate from others in: the build-
ing, and,wh.ich are rented from others by those dwelling insthem.
"Apartment building(s)" means a structure containing two or more separate "apartments ".
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
Authorized Representative Signature
Page 2 of 2 Copyright, Insurance Services Office, Inc., 1983 IL 12 01 1186 13
Copyright, ISO Commercial Risk Services, Inc., 1983
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFEULLY.
WAIVER OF SUBROGA °CI.ON AS REQUIRED BY
CONTRACT
This endorsement modifies insurance provided under the following:
ALL COVERAGE' PARTS
The Company agrees to waive any right of recovery against any person or organization, as
required by written contract, because of payments we make for injury or damage which is limited
to liability directly caused by "your work" which is imputed to such person or organization.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
Griffin Painting Inc
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