16-048 Burr Plumbing & Pumping Inc., Sewer Line ReplacementJ-o\<o -S l 1-
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
BURR PLUMBING & PUMPING INC. FOR SEWER LINE REPLACMENT
THIS AGREEMENT, for reference date//-J..)·-lb 2016, is by and between CITY OF
CUPERTINO (hereinafter referre d to as "City "), a municipal corporation, and Burr Plumbing &
Pumping Inc.(here inafter referred to as "Contractor"), a California corporation whose address is
1645 Almade n Rd ., San Jo se, CA. 95125 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 carry 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 construction work, in
accordance with the adopted Specifications, Special Provisions and Plans.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1 . TERM:
The Contractor shall begin work within thirty (30) working days after receiving notice
from City to commence the work, and shall diligently prosecute the work to completion before
the e xpiration 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 dated April 9, 2016, attached hereto as Exhibit "A", and Specifications, Special
Provisions and Plans, which are 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
the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and
incorporated herein by this reference . Payment will be made in the same manner that claims of
a like character are paid by City, with checks drawn on the treasury of City, to be taken from the
100-87-834-700-702 fund, which compensation is not to exceed ten thousand six htmdred and
eighty five dollars ($10,685 .00)
Pay ment will be made b y City in the following maimer: On the first day of each month,
Conh·actor shall submit a written estimate of the total amount of work done the previous month.
Payment shall be made up to 95% of the value of the work. City shall retain 5 % of the value of
the work as partial security for the completion of the work by Contractor. Retained amounts will
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be paid to Contractor 35 days after the acceptance by City and the recording of the Notice of
Completion with the Santa Clara County Recorder's office. Pay ment shall not be construed as
acceptance of defective work. No interest will be paid to Contractor on retained funds.
4. TIME IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance of this
Agreement.
It is agreed by the parties to the Agreement that in case all the work called for under the
Agreement is not completed before or upon the expiration of the time limit as set forth in
paragraph 1 above, damage will be sustained by City, and that it is and will be impracticable to
determine the actual damage which City will sustain in the event of and by reason of such delay.
It is therefore agreed that the Contractor will pay to City the sum of Two Thousand Dollars($
2,000) per day for each and every day's delay beyond the time prescri bed to complete the work;
and the Contractor agrees to pay such liquidated damages as herein provided, and in case the
same are not paid, agrees that City may deduct the amotmt thereof from any money due or that
may become due the Contractor under the Agreement.
It is further agreed that i.n case the work called for under the Agreement is not finished
and completed in all parts and requirements within the time specified, City shall have the right
to extend the time for completion or not, as may seem best to serve the interest of City; and if it
decides to extend the time limit for the completion of the Agreement, it shall further have the
right to charge the Contractor, his or her h e irs, assigns, or sureties, and to deduct from the final
payment for the work, all or any part, as it may deem proper, of the actual costs and overhead
expenses which are directly chargeable to the Agreement, and which accrue during the period of
such extensions .
The Contractor shall not be assessed with liquidated damages during any delay in the
completion of the work caused b y an act of God or of the public enemy, acts of City, fire, flood,
epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or
delays of subcontractors due to such causes; provided that the Contractor shall, within one (1)
day from the beginning of such delay, notify City in writing of the causes of delay . City shall
ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final
and conclusive.
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
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
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under the control of Contractor, e xcept to the exte nt they are limited by s tatute, rule or regulation
and the express term s of this Agreement. No civil service status or othe r 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 ta xes, 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 thi s 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 City and its officers, officials, agents, 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
contractors. Contractor shall not be obligated w1der this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City, its
agents or employees. Such costs and expenses shall include reasonable attorneys' fees of coLmsel
of City's choice, expert fees and all other costs and fees of litigation.
Contractor agrees to obtain executed inderrmity 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, Conh·actor
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 paragraph lOA, B, C and D. Such
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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 City 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 City as additional insured shall be submitted with the
insurance certificates. Contractor shall complete the attached Document 00530 Insurance Forms .
A. COVERAGE:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California; Employers'
Liability $1,000,000 per occurrence
(2) General Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $2,000,000 each occurrence
$4,000,000 aggregate -all other
Property Damage: $2,000,000 each occurrence
$4,000,000 aggregate
If submitted, combined single limit of $2 ,000,000 per occurrence; $4,000,000
in the aggregate will be considered equivalent to the required minimum
limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the
following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 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.
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C. FAILURE TO SECURE:
I£ 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. AD D ITIONAL 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 INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Conh·actor. Conh·actor is advised to consult Contractor's
insurance broker to determine adequate coverage for Contractor.
11. BONDS:
Bonds are not required for this agreement.
12. PR O HIBITION 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 Lmder 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.
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.
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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 be used in the performance of thi s Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope
of work to be subcontracted and the name of the proposed subconh·actor. Such request shall se t
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
genera l 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 t11e 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 City pursuant to thi s Agreement.
No report, information or 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 tmder 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.
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 the right to examine and audit same, and to make
transcripts t11erefrom as necessary, and to allow in spection of all work, data, documents,
proceedings and activities related to this Agreement. Such records, toge ther with supporting
Page 6 o f 20
documents, shall be kept sepa rate from other documents and records and shall be maintained for
a period of three (3) years after receipt of final payment.
If suppJemental examina tion or audit of the records is neces sary due to co ncerns raised
by City's preliminary examination or audit of records, and 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
Attn: Chris Orr
10555 Mary Ave.
Cupertino CA 95014
All notices, demands, requests, or approvals from City to Contractor shall be addressed
to Contractor at:
Burr Plumbing
Attn: Alicia Rosas
1645 Almaden Rd.
San Jose, CA. 95125
18. URBAN RUNOFF MANAGEMENT:
The Contractor shall avoid creating excess dust as the work is being prosecuted. If water
is used for dus t conh·ol, contractor shall use as little as necessary. Contractor shall take all steps
necessary to keep wash water out of the streets, gutters, storm drains and streams.
The Contractor shall develop and implement erosion and sediment control to prevent
pollution of storm drains and streams. Such conh·ol 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.
C. Sweep and remove all materials from paved s urfaces that drain to streets,
gutters and s torm drains prior to rain as well as at the end of the each work day. At the
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completion of the project, the s treet 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 State of
California's 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 s torm 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 tmpaid prior to the effective date of
termination .
20. COMPLIANCES:
Contractor s hall comply with all state or federal laws and all ordinances, rules and
regulations enacted o r issued by City. Specifically, and without limitation, Contractor shall
comply with all state, federal, or local regulation regarding the removal and disposal of
hazardous waste.
A. PREVAILING WAGES: To the extent applicable, Contractor shall comply
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with the City's Labor Compliance Program and all other requirements set forth in Labor
Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit
monthly ce rtified pa yro ll records to City for all employees and subcontractors in a
preapproved format or a City provided form. Any delay in r emitting certified payroll
reports to City upon request from City will result in eith e r delay and/or forfeit of
outstanding payment to Contractor.
B. WORKING DAY: To the extent applicable, Contractor shall comply with
California Labor Code Section 1810, et seq. which provides that work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week,
must be compensated as overtime, a t not less than l 112 times th e basic rate of pa y.
C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply
with Californfa Labor Code Section 1776 which requires certified payroll records be
maintaine d with the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem wages paid
to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with this Agreement. The Pa yro ll Records shall be made available for
in s pection as provid ed in California Labor Code Section 1776.
D. APPRENTICES: To the ex tent applicable, Contractor shall comply with
California Labor Code Section 1777.5 regarding apprentices.
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,
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 Cotmty of Santa Clara, State of California.
12. 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 thi s 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
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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. 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.
26. 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.
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P.O. No.: 2016-00000517
IN WITNESS WHEREOF, the parties h ave caused the Agreement to be executed on th e
day a nd yea r first above written.
CONTRACTOR
Burr Plumbing & umpin g Inc.
Address: 1645 Almaden Rd .,
San Jo se, CA. 95125
CITY OF CUPERTINO
A Municipal Corporation
B )~~
Timm Borden, Director of Public Works
RECOMMENDED FOR APPROVAL :
By &~a~
CfiR..tS
Printed Name
Title~~-w' __ S_u_f_e_-r_v_l_S_ ... _..-__ _
'fl () /) j A l . f7 j 0>'-------'"'
APPRUO ED AS TO FORM:
By_....,.,__~l,lt/l/.<'--='-'~L/ __ L/_)/\J../ ___ \._..)
City Attontey
ATTEST:
Contract Amount: $10,685.00
Account No . : 100-87-834-700-702
Page 11 of20
INSURANCE FORMS
INSURANCE FORMS INSTRUCTIONS
FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE
USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED.
ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE
1. Insurance Agreement -Must be signed by Contractor .
2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance
agent or must provide a certificate on the company's form. They must contain the same
information.
3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must
be signed by the insurance agent for general liability and automobile liability only .
4. Comprehensive general liability/c ommercial general liability endorsement of aggregate limits
of insurance per project -must be signed by the insurance agent for general liability only.
5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the
insurance agent for worker's compensation only.
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CUPERTINO INSURANCE AGREEMENT
A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this Contract.
B. Contractor and all subcontractors will carry worker's compensation insurance for the
protection of its employees during the progress of the work. TI1e insurer shall waive its rights of
subrogation against the City, the City's officers, agents and employees and shall issue an
endorsement to the policy evidencing same.
C. Contractor shall carry at all times, on all operations herew1der, commercial general
liability insurance, automobile liability insurance and builder's all risk insurance. All insurance
coverage shall be in amounts required by the City and shall be evidenced by the issuance of a
certificate in a form prescribed by the City and shall be underwritten by insurance companies
satisfactory to the City for all operations, sub-contract work, contractual obligations, product or
completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage
obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its
engineer, and each of its directors, officers, agents and employees, as determined by the City, as
additional insureds on said policies . Insurers must be licensed to do business in the State of
California. The Insurers must also have an "A" policyholder's rating and a financial rating of at
least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable
to the City.
D. Before Contractor performs any work at, or prepares or delivers materials to, the site of
construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance
coverages and such certificates shall provide the name and policy number of each carrier and
policy and that the insurance is in force and will not be canceled or modified without thirty (30)
days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages
in force until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of the City by
Contractor under this Contract and for the duration of the warranty period. Notwithstanding
nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall
maintain in full force and effect during the life of this Contract, the following insurance in
amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or
better or that is otherwise acceptable to the City.
LIMITS
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Worker's Compensation and Employers'
Liability
General Liability -commercial general
liability; including provisions for contractual
liability, personal injury, independent
contractors and products -completed
operations hazard.
Automobile Liability -comprehensive
covering owned, non-owned and hired
automobiles.
(Contractor's Name)
In accordance with the Worker's
Compensation Act of the State of
California -Worker's Comp ''statutory"
per CA Law; Employers' Liability
$1,000 ,000 per occurrence
Combined single limit of $2.0 million
per occurrence; $4.0 million in the
aggregate
Combined single limit of $1.0 million
per occurrence.
Dated: ___________ 20
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CUPERTINO
CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO
This certifies to the City of Cupertino that the following described policies have been issued to
the insured named below and are in force at this time.
Insured: _______________ _
Address: _______________ _
Description of operations/locations/products insured (show contract name and/or number, if
ill1y): _______________________________ _
WORKER'S COMPENSATION
(Name of insurer)
* Stahitory Min.
*Employer's
Liability
$ ___ _ $ ___ _ $ ____ _
Insurance Company's State License No. __________________ _
Check Policy Type:
COMPREHENSIVE GENERAL
LIABILITY
[ ] Premises/Operations
[ J Owners & Contractors
Protective
[ ] Contractual for Specific
Contract
$ _______ _
[ J Products Liability
[ ] XCU Hazards
[ ] Broad Form P.O.
[ ] Severability of Interest
Clause
[ ] Personal Injury with
Employee Exclusion H.emoved
or Self-Insured
COMMERCIAL GENERAL LIABILITY
Each Occurrence
General Aggregate
(if applicable)
Aggregate
Personal Injury
$ ______ _
$ ______ _
$ ______ _
Fire Damage (any one fire) $ ______ _
Medical Expense
(any one person)
Retention
$ ____ _
$ _____ _
(Name of insurer)
Policy No . _______ _
AUTOMOTIVE/VEHICLE LIABILITY
Commercial Form
Expiration Date ______ _
BODILY INJURY
Each Person
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PROPERTY DAMAGE
Each Accident
Liability Coverage
Each Accident
(Name of insurer)
Combined Single Limit $ ______ _
Policy No. _______ _ Expiration Date ______ _
BUILDER'S RISK "ALL RISK"
This is to certify that the following pojjcy has been issued by the below-stated company in conformance
with the requirements of the project documents and is in force at this time.
NIA
(Name of insurer)
Policy No. ________ _ Expiration Date ______ _
Limits of Liability: _______ _ Deductible: ________ _
(Agent's initial)
A copy of all Endorsements to the policy(ies) which in any way
limit the above-listed types of coverage are attached to this
Certificate of Insurance.
This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage
afforded by the policies listed herei n. Notwithstanding any requirement, term, or condition of any contract
or any other document with respect to which this Certificate of Insurance 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.
IT !S HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the
Agreement between the City and the insured .
By: __________ _ Dated: __________ 20 __
Attach Certificate of Insurance and Additional Insured Endorsement on co mpany forms.
Page 16 of 20
CITY OF g
CUPERTINO
ADDITIONAL INSURED ENDORSEMENT
and
ENDORSEMENT OF PRIMARY INSURANCE
and
NOTICE OF POLICY
CANCELLATION ENDORSEMENT
Project Title and Number:-----------------------
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is
agreed as follows:
The City of Cupertino ("City") and its directors, officers, engineers, agents and employees,
and all public agencies from whom permits will be obtained and their directors, officers,
engineers, agents and employees, and the State of California, and its officers, agents and
employees, are hereby declared to be additional insureds under the terms of this policy, but only
with respect to the operations of the Contractor at or upon any of the premises of the City in
connection with the Conh·act with the City, or acts or omissions of the additional insureds in
connection with, but limited to its general supervision or inspection of said operations.
The insurance afforded by this policy is primary insurance, and no additional insurance
held or owned by the designated additional i..nsured(s) shall be called upon to cover a loss under
said additional policy.
Cancellation Notice. The insurance afforded by this policy shaIJ not be suspended,
voided, canceled, reduced in coverage or in Urnits, or materially altered, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City
of Cupertino ("City"). Such notice shall be addressed to the City as indicated below.
Page 17 of 20
POLICY INFORMATION
1. Insurance Company:-------------------------
2. Insurance Policy Number: ---------------------
3. Effective Date of this Endorsement: _________________ 20 __
4. Insured: ____________________________ _
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre
A venue; Cupertino, California 95014.
I, (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative: __________________ _
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency: ____________ _ Title: _________ _
Address: _______________ _ Telephone: _______ _
Facsirrtile: --------
Page 18 of 20
CITY OF a
CUPERTINO
COMPREHENSIVE GENERAL LIABILITY
CO:MMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF
INSURANCE PER PROJECT
Project Title and Number:----------------------
In consideration of the policy premium and notwithstanding any inconsistent s tatement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as
follows:
This Endorsement modifies the insurance provided under the General Liability Coverage part
of the below-referenced policy of insurance.
The general aggregate limit under LIMITS OF INSURANCE applies separately to the project
described as
POLICY INFORMATION
1. Insmance Company:------------------------
2. Insurance Policy Number:----------------------
3 . Effective Date of this Endorsement: _________________ 20 __
4. Insured: ___________________________ _
5. Additional Insured: City of Cupertino, its directors, officers, agents and employees.
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, (print/type name)
warrant that I have au thority to bind the below listed Insurance Co mpany and by my sign ature
hereon do so bind this Company.
Signature of Authorized Representative:------------------
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency: _____________ _ Title:----------
Address: _______________ _ Telephone: _______ _
Facsimile: --------
Page 19 of 20
CITY OF g
CUPERTINO
WAIVER OF SUBROGATION ENDORSEMENT
WORKER'S COMPENSATION INSURANCE
Project Title and Number: ______________________ _
In consideration of the policy premium and notwithstanding any inconsistent statement in the
policy to which this Endorsement is attached or any other Endorsement attached thereto , it is
agreed as follows:
It is agreed that with respect to such insurance as is afforded by the policy, the Insurance
Company waives any right of subrogation against the City of Cupertino, and each of its directors,
officers, agents, consu ltants and employees by reason of any payment made on account of injury,
including death resulting therefrom, sustained by any employee of the insured, arising out of the
performance of the above-referenced Contract.
POLICY INFORMATION
1. Insurance Company:-------------------------
2. Insurance Policy Number: ______________________ _
3. Effective Date of this Endorsement: _________________ 20 __
4. Insured: ____________________________ ~
All notices herein provided to be given by the Insurance Company to the City in connection
with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre
Avenue; Cupertino, California 95014.
I, (print/type name)
warrant that I have authority to bind the below listed Insurance Company and by my signature
hereon do so bind this Company.
Signature of Authorized Representative:-------------------
(Original signature required on all Endorsements furnished to the District)
Names of
Agent/Agency:--------------
Address: ----------------
Title: _________ _
Telephone: ________ _
Facsimile: --------
END OF DOCUMENT
Pa ge 20 o f 20
l PROPOSAL I
j No . 8352
1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287-2877 *Fax (408) 287-2844 License#730349 A, C36, 021
Proposal submitted to: City of Cupertino
Date Submitted: 04-09-16 Description: Onsite Sewer Line Replacement
Phone Number: Job Name:
Street: 10555 Mary Ave. Job Location: Wilson Park
City, State, ZIP : Cupertino, CA 95014 Job Phone :
Fax Number: Cell Phone: 916 -802-0331
E~Mail: chriso@cugertino.org lsaacP@cugertino .org Contact: Chris Orr/ Isaac
We hereby submit specifications and estimates to replace the onsite bui lding sewer from the building thru
to new property line cleanout.
Scope of Work :
1. USA proposed work area.
2 . Saw cut aspha lt and/or concrete as necessary.
3. Remove asphalt/concrete and off haul spoils.
4. Excavate trench line to expose existing piping.
5 . Remove and replace all waste piping from cleanout at edge of building thru to new property line
cleanout to be located directly behind side wa lk area .
6. Properly bed piping in crushed rock.
7. Backfill trench line and compact as necessary. Prepare subgrade for final pavement surface.
8 . Replace asphalt/concrete to original grade level.
9. Broom clean work area .
All work to be performed during normal work hours.
Burr Plumbing will provide all necessary safety and shoring equipment.
If customer desires this piping can be replaced by hydrostatic pipe bursting (trenchless replacement).
Exclusions:
1. All engineering, soil testing and surveying .
2 . All permits, drawings or related fees , as required, will be additional.
3 . Repair of any unmarked lines, including; PG&E , water, cable, telephone, fiber optic, irrigation , etc.
4. Any and all required bonds or posting of certificates of deposits required.
5 . Wall, ceiling, flooring, framing and surface finish repairs.
6 . Responsibility for any existing or other systems and work not directly related to our work
7. Responsibility for any electrical , plumbing , drains, fire sprinkler and/or controls not expressly included
in this proposal.
8. Any changes or deviations from this proposal wi ll be executed only on written order and will become
an extra charge over the cost of this proposal.
9. Any unknown or unforeseen circumstances .
1 j Page Burr Plumbing & Pumping , In c. Initial ~-----
II (/) City of Cupertino m ::::r
-6" Service Center -I
-I 10555 Mary Avenue 0
0 CUPERTINO, CA 95014
CUPERTI NO www.Cupertino.org
VENDOR 5067 -BURR PLUMBING AND PUMPING INC
Q BURR PLUMBING AND PUMPING INC
3. 1645 ALMADEN ROAD
~ SAN JOSE, CA 95125
REFERENCE#
QUANTITY llJSll& DESCRIPTION
1.0000 Each
City of Cupertino Purchase Order
Service Center No. 2016-00000517
10555 Mary Avenue
CUPERTINO, CA 95014 DATE 04/18/2016
www.Cupertino.org
PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, SHIPPERS, BILL OF LADING AND
CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of1
ORIGINATOR: Chylene Osborne
DESCRIPTION: Sewer line replacement Wilson Park
UNIT COST TOTAL COST
10,685.0000 $10,685 .00
100-87-834 700-702 -Contract Service General Service Agreement
10 ,685.00
~ TOTAL DUE $10,685 .00 •
DATE 04/18/2016
Authorized Signature
Special Instructions
I PROPOSAL I
l No. 8352
1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287-2877 *Fax (408) 287-2844 Ucense#730349 A, C36, 021
We Propose to hereby furnish material and labor -in accordance with above specifications
For the sum of: Ten Thousand, Six Hundred & Eighty Five Dollars $10,685.00
Payment to be made as follows: Payment due upon completion of scope of work
Burr Plumbing & Pumping, Inc.
Note: Proposal may be withdrawn if not accepted within 30 days .
The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of
the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and
conditions set forth on the last page of this Proposal.
STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS ' STATE LICENSE
BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING -IF THE TOTAL PRICE OF THE JOB IS $500 OR
MORE (INCLUDING LABOR AND MATERIALS).
LICENSED CONTRACTORS ARE REGULA TED BY LAWS DESIGNED TO PROTECT THE PUBLIC . IF YOU CONTRACT WITH SOMEONE WHO DOES
NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY
REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY
INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF
THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS,
INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT
CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB
FOR MORE INFORMATION.
The services to be provided by Burr Plumbing & Pumping, Inc. DO NOT include any engineering work, and the customer is
responsible for providing all engineering determinations.
Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby
accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as
outlined above.
Date of Acceptance:
Signature:
2j Page Burr P lumb i ng & Pumping , Inc . Initial ~
,...
I PROPOSAL
BURR PLUffiBlnG
No. 8352
1645 Almaden Rd. San Jose. CA 95125 *Tel (408) 287-2877 *Fax (408) 287-2844 License#730349 A. C36. 021
Conditions of Proposal
1. Allowing Burr Plumbing & Pumping, Inc. ("Burr") to commence work or preparation for work constitutes acceptance by
you of this Proposal and all its terms and conditions . Quotations herein, unless otherwise stated , are for immediate
acceptance and are subject to change.
2. BURR shall be paid monthly ~regress payments, or as outlined in this proposal. if progress payments are provided in this
proposal , on or before the 1 Oh day of each month for the value of the work completed plus the value of materials and
equipment suitably stored less the aggregate of previous payments made to BURR. Final payment shall be made within 30
days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to
the project site .
3. Back charges shall not be considered valid unless contained in a writing signed by BURR before the work is executed .
4 . All sums not paid when due shall bear interest at the rate of 1 '!.% per month from the due date until paid or the maximum
legal rate permitted, whichever is less; all costs of collection , including the actual attorney's fees and costs incurred by
BURR, the actual expert fees incurred by BURR and costs as defined by the California Code of Civil Procedure shall be paid
by Owner or its representat ives.
5. If Owner or its representative fail to make a payment to BURR as provided herein , BURR may stop work without prejudice to
any other remedy it may have .
6 . Owner or its representative is to prepare all work areas to accept the work of BURR under the contract. BURR will not be
called upon to start work until sufficient areas are ready to insure that BURR may continue to work until completed .
7. After acceptance of this Proposal , BURR shall be given a reasonable time in which to make delivery of materials, equipment
and labor and to complete its work under this Proposal. BURR shall not be liable for delays or defaults where occasioned by
any causes of any kind and extent beyond its control , including but not limited to delays caused by the owner, general
contractor, architect and/or engineers , armed conflict , acts of terrorism or economic dislocation resulting therefrom ,
embargos , shortages of labor, equipment or materials, production facilities delays or transportation delays, labor difficulties,
civil disorder of any kind, the actions of civil or military authorities, vendor priorities and allocations, fires, floods , accidents
and acts of God.
8 . All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation . This
warranty is in lieu of all other warranties , express or implied , including any warranties of merchantability or fitness for a
particular purpose . BURR will not be responsible for special , incidental or consequential damages and shall not be
responsible for damage to its work occasioned by other parties. Any repair work necessitated by damage caused by others
directed by the Owner or its representatives to be performed will be considered extra work . BURR's responsibility for
damage or loss in transit ceases upon delivery in good condition to a public carrier.
9. Work called for herein is to be performed during BURR's regular working hours . Overtime rates will be charged for all work
performed outside such hours as an extra cost to Owner or its representative.
10. All materials shall be furn ished in accordance with the respective industry tolerances for variation in color, thickness , and
size, finish, texture and performance standards .
11 . Notwithstanding any provision contained in this Proposal or the contract documents betwe en Owner and General Contractor,
BURR may file a mechanic's lien , stop notice, payment bond cla im or other claim on its own beha lf in the event that any
payment due to BURR is not made as and when provided for in the terms of this Proposal.
12. The subcontract form used between BURR and Owner's General Contractor will be the A401 subcontract, then current , as
published by the American Arb itration Association. Where there is a conflict between the terms of that subcontract form and
this Proposal , or when the co ntract documents between Owner and its General Contractor conflict with the terms of t his
Proposal , then this Proposal shall govern .
13. Owner or Its representative shall furnish all temporary site facilities , including suitable covered storage facilities and hoisting
as required at no cost to BURR.
14 . Owner and its representative , including its General Contractor, shall make no demand fo r liqu idated or delay damages in any
sum which may exceed any such sum specifically provided for in this Proposal , and no liquidated damages may be assessed
against BURR for delays or causes attributable to other contractors or ari sing outside the scope of this Proposal .
15. Owner or its representative , including Owner's General Contractor, shall purchase and maintain property insurance upon th e
full valu e of the entire work and/or materials to be supplied which shall include the inte re st of BURR. Own er or its
representative , including Owner's General Contractor shall furnish to BURR evidence that it has named BURR as an
additional insured on said policy of insurance in an amount of no less than $1 million .
3 1Page Burr Plumb ing & Pumping, Inc . 1nit ia18°