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16-067 Fire Protection Management for Fire Sprinkler RepairsAGREEMENT BETWEEN THE CITY OF CUPER TINO AND FIRE PROTEC TION MANAGEMENT FOR FIRE SPRINKLER REPAIRS THIS AGREEMENT, for reference date d {V\'~td . 2016, is by and between CITY OF CUPERTINO (hereinalter referred to as "City"), a municipal corporation, and Fire Protection Ma nagement Inc.(hereinafter referred to as "Contractor"), a Cal iforni a corporation whose address is 4440 Grays Court, Concord, CA. 94518 and is made with reference to the following : RECITALS: A. City is a municipal corporation duly organized and validly existing under the Ja\vs of the State of California with the power to carry on its business as it is now being conducted w1der the Constitution and the statutes of the State of California and the Cupertino M unicipal Code. B. City and Contractor desire to enter into an agreement for construction work, Ln accordance with the adopted Specifications, Special Provisions and Plans. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: J . TERM: The Contractor shall begin work within thirty (30) working days aiter receiving notice from City to commence the work, and shaJI diligently prosecute the work to completion befor e the ex piration of thirty (30) consecutive working days from the date of receipt of notice to begin vvork. 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 i11 accordance with the Proposal dated May 16 1", 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 pursuan t to this Agreement in the amoru1t 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 tha t claim s of a like character are paid by City, with checks drawn on the treasury of City, to be taken from the 100-87-827-700-702 fund, which compensation is not to exceed twenty fi ve thousand two hundred and eighty dollars ($25,280.00) Payn1ent will be made by City in the following manner: On the first day of each month, Contractor shall subm it a \Vr itten estimate of the total amount of work done the previou s month. Payment shall be made up to 95% of the va lue of the work. City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts w ill Page 1of20 be paid to Conh·actor 35 days after the acceptance by City and the recording of the Notice of Completion with the Santa Clara County Recorder 's off ice. Payment shall not be construed as acceptance of defective work. No interest will be paid to Conh·actor on retained hmds. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance 0£ this Agreement. It is agreed by the parties to the Agreement that in case ail the work called for m tder the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph 1 above, damage wi ll be sustained by City, and that it is and \'l'ill be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to City the sum of Two Thousand Dollars ($ 2,000) per day for each and every day's delay beyond the time prescribed 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 arnow1t thereof from any money due or that may become due the Contractor tmder the Agreement. It is further agreed that in 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 heirs, assigns, or suxeties, 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 by 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, witmn one (1) day from the begimting 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 ail services shall be performed by qualified and experienced persorn1el who are not employed by City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship berween them created by this Agreement is that of employer-independent contractor. The mrumer and means of conducting the work are Page 2 of 20 tmder the conh·ol 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, PEl~S payments, or otl1er 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, Conh·actor 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 shalJ constihtte 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 nah1re, 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 c01msel of City's choice, expert fees and all other costs and fees of litigation . Conh·actor 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 conunencement of the terms of this Agreement, Contractor shaJJ flU'nish City with certificates showing the type, amow1t, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraph lOA, B, C and D. Such Page 3 of 20 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 Conh·actor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an i.nsurance 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: Conh·actor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California; Employers' Liability $1,000,000 per occmrence (2) General Liability: Commercial general Ii.ability coverage in the following minimum limits: Bod.iJy Injury: $2,000,000 each occLrrrence $4,000,000 aggrega te -all other Property Damage: $2,000,000 each occurrence $4,0 00,000 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: $1,0 00,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence 8. SUBROGATION WAIVER: Contractor agrees that in the event of Joss 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 insw-ance 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 acqui re against City by virtue of the payment of any loss tmder such insurance. Page 4of 20 C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fa il to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance :in the Conh·actor's name or as an agent of the Contractor and shall be compensated by t h e Con tractor for the cos ts of the insmance premjums at the maximum rate permitted by law and computed from the date written notice is received tbat the premiums have not been paid. D . ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volw1teers shall be named as an additional insured under all insmance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to whkh such additional insured would be entitled under this policy if not named as such additional insured . An additional insured named herein sh all 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 Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Bonds are not required for this agreement. 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest there in, d irectly or indirec tly, 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 tbis Agreement may be ass igned to a bank, trust company or other financial instih1tion 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 cotenan t, if Contractor is a partnership or joint venture or syndicate or cotenancy, wh ich shall result in changing the conlTol of Contractor, sha11 be construed as an assignment of this Agreement. Conh·ol means fifty percent (50%) or more of the voting power of the corporation. Page 5 of 20 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 this Agreement. Requests for additional subcontracting shall be s ubmitted in vvriting, describing the scope of \Nork 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 subconh·actor '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 b e required to furnish proof of workers' compensation insurance and shall also be required to cany general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted heretmder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain dming 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. RE PORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Conh·acto r pursuant to or in connection with this Agreement shall be the exclusive property of City . Con s ultant may retain a copy of any report furnished to City pursuant to this Agreement. No report, information or other data given to or prepare d or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Conh·actor shall, at such time and in such form as City may require, furnish reports concerning the stah1s of services requfred 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. Conh·actor 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 accessibl e . Contractor shall provide free access to such books and records to the representatives of Cily or its designees at all proper times, and gives City the right to examine and audit s ame, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting Pa g e 6 of 20 docmnents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receip t 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 City's supp lemental examination or audit of the records discloses a failure to adhere to appropria te internal financia l 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, regis tered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City sha11 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: Fire Protection Management Inc. Attn: Ron S. Stevens 4440 Grays Court Concord, CA. 94518 18 . URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust as the work is being prosecuted. If water is used for dust control, contractor shall use as little as necessary. Contractor sha ll take all steps necessary to keep wash water out of the sh·eets, gutters, storm drains and streams. The Contractor shall develop and implement erosion and sediment conh·ol to prevent pollution of storm drains and streams. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, b1ock and gravel filters. (Block storm drain inlets prior to the start of the ra in y 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 conslTuction material with plastic sheeting. All construction materjaJ.s must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to sh·eets, gutters and storm drains prior to rain as well as at the end of the each work day. At the Page 7 of 20 completion of the project, the slreet shall be washed and the wash water shall be collected and disposed of offsite in an approprjate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact wjth rainfall or runoff. E. Contractor shall maintain a dean work area by removing trash, litter, and debris at the end of each vmrk 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 conshuction, up-graded as required, maintained dming conshuction phases to provide adequate protection, and removed at the end of conshuction. These recommendations are intended to be used in conjunction with the State of California's Best Management Practices Mtmicipa1 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 constmction. Failure to comply with this program wj]J result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is tvvo hundred and fifty dollars ($250.00) per occurrence per day. The State w-1der the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Conh·actor fails or refuses to perform any of the provisions hereof at the time and in the manner requjred hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a perjod 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 state or federal laws and all ordinances, rules and regulations enacted or 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 Page 8 of 20 with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. ConlTactor shall pay prevailing wages. Contractor will submit monthly certified payroll records to City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll rep01ts to City upon request from City will result in either delay and/or forfeit of outstandin g 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 e mployees of contrnctors in excess of 8 hours per day, and 40 hours during an y one '"'ee k, must be co mpensated as overtime, at not les s than 1 Y2 time s the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California La bor Code Section 1776 which requires certified payroll records be maintained wi th the name, address, social security number, work classification, strnight tin1e and overtime hours worked each d ay and week, and the actual per diem 1;vciges pciid to each journeyman, apprentice, 1;vo rker, or other employee employed b y hin1 or her in connection with this Agreement. The Pa yro ll Records s hall be made a vailable fo r inspection as provided in Ca lifornia Labor Co d e Section 1776. D. APPRENTICES: To the extent 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 County 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 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 tenn, covenant, or condition con t ained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: 111is Agreement represents the full m1d 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. N o verbal agreement or implied covenant shall be Pa ge 9 of 20 held to vary the provisions hereof. Any modification of Hus 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 sha ll be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not in serted 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 Agreemen t 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. Page 10 of 20 P.O. No.: 2016-00000554 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR r ection Management Inc . By___:-~..J/..:.~::'::::'.::__~~- N ame ~~~ s~~ Title'\''("c::: .. ~e-V:S:: Date S -Z.. \..\-7-D\A:, Address: 4440 Grays Court, Concord, CA. 94518 CITY OF CUPERTINO Printed Name Title 5 w f e_,r-i./1 ~or Contract Amotmt: $25,280 .00 Acco unt No. : 100 -87-827-700-702 Page 11of20 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/commercial general liability endorsement of aggregate limits of ins u rance per project -must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be s igned by the insurance agent for worker's compensation only. Pa ge 12 of 20 C !TYOI' m 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 liabili ty for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and w ill comp ly w ith such provisions before commencing the performance of the work of this Conh·act. B. Contractor and all s ubcontra ctors will carry worker's compensation insurance for the protection of its e mployees during the progress of the work. The insurer shall \:vaive 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 hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the Ci ty and s hall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be Lmd erwritten 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 insLu ·eds 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 C lass VrI in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. 0 . Before Conh·actor performs any work at, or prepares or delivers materials to, the s ite of consb·uction, Contractor s hall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy nw11ber of each canier 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. Conh·actor shall maintain all of the foregoing insurance coverages in force 1mti1 the work under this Contract is fully completed. TI1e requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor tmder this Contract and for th e duration of the vvarranty 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 insu.rance 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 Pa ge 13 of 20 Worker's Compensation and Employers ' Liability General Liability -commercial general liability; including provisions for contractual liability, personal injury, independent conh·actors and products -completed operations hazard. Aut omobile Liability -comprehensive covering owned, non-owned and hired automobiles. 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 sil1gle limit of $2 .0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1 .0 million per occurrence. (Contractor's N arne) Dated: _~_-_2_L_\ ____ 20 \.-b Page 14 of 20 CITY Of El CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO · Description of opera · I any): ___ _;.ena~~~~£1~~f!2!.'J2.~~~~~tit-L. __ _ WORKER'S COMPENSA TIOl\. 1lfli/U ___ _ UABIUTY l ] Premises/Operations [ I Owners & Contractors Protective [ 1 Contractual for Specific Conh·act $ ______ _ [ ] Products Liability [ ] XCV Hawrds ""Statutory Min. • Employer's Llab-ility General Aggregate (if applicable) Personal lnjury $ Ir J Broad Form P.D. F ire Damage (any one fire) $ u 1 ' [ ] Severability of Interest H Clause I [ ] Personal Injury with Employee Exclusion Removed or Self-Insured COMMERCIAL GENERAL LIABILITY Medical Expense (any one pt.•rson) Retention s Gt,.' t)/ f) l) 0 I z__/W<£_nsurer) Policy No. ttM; n IA-0 SJ IJ5' 2 Pl I Expiration Date AUTOMOTJVE/Vf.H TCLE r JABIUTY Commercial Form BODILY INJURY Each Person Page 15 of 20 PROPERTY D /'\M A Gf Each Ac cident ---------------------------------· --------- I Liability Coverage /frt __ $ s ~J'~J Each Accident (Name of insurer) $ ____________ or I A~ -/} LU Combined Single Limit s_j_Hf 1vo--ltftilR.Y 7CDI 7 o l :JV2-ri-I . Policy No. .//11::£ Expiration Date tJ:r/!_ / b BUILDER'S RISK" ALL RlSK" This is to t:ertify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in forct! .it this time. NIA ______ _ (Name of insurer} Policy ~o. _____ _ Expiration Date _____ _ Deductible: ~ih'Y' (Agent's initial) A c:opy of all Endorsements to the policy(ies) which in any way hmit the above-listed types of coverage ;ire attached to this Certificate of Insurance. This Certificate of Insurance is not an msurance policy· and does not anu~nd, e-xtend or a lter the coverage afforded by the policies listed herein. Notwithstanding any requirement. term, or condH1on of any contract or any other document with respect to which this Certificolc of Insurance ma y be issued or may pt'!rtain, I the insurance afforded by the policies dt!!KT ibl.!d herein is subjecl lo all the Lc r ms, exclus ions and conditions ! of such policies. IT IS HEREBY CERTIFIED that the above polily{it>s) p rovide liability insurance .1~ req uired by the ; Agreement between the City and the insured. By: ______ _ Dated: 20 ! l\lt;ich Cerlifica t1> nf Insurance and Additional insured Endo~ment on company furrns . Page 16 o f 20 CITY OF m CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATJON ENDORSEMENT Project Title and Number:----------- [n consideration of thP policy premium and notwithstanding any inconsistent statement in the policy to which thls Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and it.s directors, officers, engineers, .:ip;cnts and employees, and rill public agencies from whom permits will bi.· obtainPd 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 Contract with the City, or acts or omissions of the additional insureds in connection with, but limited toils general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional iMUTance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said addilional policy. l/ Cancellation Notice. The insurance afforded by tJ1is policy shall not be suspended, I voided, canceled, reduced in coverage or i.n limits, or materially altered, except after thirty (30) • days' prior written notice by ccrtifred mail, return receipt requested, has been given to the City Ii of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. ~ Page 1?of 20 I POLICY fNFORMA TION 1. Insurance Company: _ 2. Insurance Pohcy Number:-------------------- 3. Effective Date of this Endorsement:-----------------___ 20 __ -- 4. [nsured: _______ _ All notices herein provided to be given by the ln~-urancc Company to the City in connection with this policy and these Endorsements, sha U be mailed to or delivered to the City al 10300 Torre A venue; Cupertino, California 95014. I L (print/type name} Iii warrant that I have authority to bind the below listed fnsurance Company and by my signature • hereon do so bind this Company. j Signature of Authorized Representative: ·------______ --------·--- (Original signature required on all Endorsements furl;lished to the District) tP/IA t:1/Jd ~~..rvo,.,/c r ~::,~;:~ency: sM'1 /kl Title: JA~M/ Address: ______ _ Telephone: ~O f6d -,If(; Facsimile: ---------------~--------- l'ag~ 18 of20 I CITY OF a CUPERTINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSfu\1ENT OF AGGREGATE LIMlTS OF INSURANCE PIR PROJECT Project Tille and Number:--------------------- In consideration of the policy premium cu1d notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: Th.is Endorsement modifies the insurance providPd under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under UMJTS OF £NSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company:------~--- 2. Insurance Policy Number:---------------------- 3. Effective Dat<' o( I.his Endorsement: ___ _ --·-------------·-20 __ _ 4. Insured:----------------------· 5. Additional 1nsured: 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 / 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. I Signature of Authorized Representative:--------------~----·---­ (Original signature required on all Endorsements furnished to the Dislrid) Names of Agent/Agency:-------- Address:------- Page 19 of 2D Title: Telephone: ________ _ Facsimile: ---------- CITY Of· [I CUPERTlNO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Project Title and Numbeco I In consideration of the policy premium and notwithstanding any inconsistent statement m the ' policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It iB 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, consultants 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: 4. Insured: ___ _ Afl nt)tices herein provided to be given by the Insurance Company to the City in connection 1 with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Ton·e Avenue; Cupertino, California 95014. l, {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 Represe n tative:-----------·---·---- (Original signature required on all Endorsements furnished to the District) Nrunes of Agent/Agency:-------------- Address:---------------- 'litle: Telephone: _______ _ Facsimile: _______ _ END OF DOCUMENT Page 20 of 20 -------···-----· -·---------··-·-·--· ----------------------------- FIREPR0-01 CARAUJO ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 5/18/2016 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 po licies may require an endorsement. A statement on this cert ificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRooucER License# OE63493 CONTACT NAME : Orr & Associates Insurance Services f_,t)gN~o Ext d951) 506-5859 I iffc. Nol : (800) 474-3003 28780 Single Oak Dr Ste 255 ~o"ii~~ss: service@orrandassociates.com Temecula , CA 92590 INSURER(S) AFFORDING COVERAGE NAIC# 1NsURER A : Kinsale Insurance Company 38920 INSURED 1NsuRER B : American Fire and Casualty Co 24066 Fire Protection Mgmt, Inc. INSURER c : National Union Fire of Pittsburg 19445 4440 Grays Court 1NsuRER o : Markel Insurance Company 38970 Concord, CA 94518 1NsuRER E: lntegon Preferred Insurance Company 31488 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIF Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED . NOTWITHSTANDING AN Y REQUIRE MENT, TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR "uuc :SU"t< (~~Tri5~1 {~~5~1 LTR TYPE OF INSURANCE INSO wvo POLICY NUMBER LI MITS A x COMMERCIAL GENERAL LIABILITY EAC H OCCURRENC E $ 1,000,000 -D CLAIMS.MADE 0occuR x x 01000121452 05/28/2015 05/28/2016 UAMAl.">t: I U ~~•<I t:U 100,000 PR EMISES IEa occurrence ) s - MED EXP (Any one person) $ - PERSONAL & ADV INJURY s 1 ,000 ,000 - GEN'L AGGREGATE LIMIT APPLIES PER : GENERALAGGREGATE $ 2,000,000 =l POLICY 0 ~:& D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER : s AUTOMOBILE LIABILITY COMBINED SINGLE LIMI T $ 1,000,000 IEa accident\ B x ANY AUTO x x BAA56154130 07/12/2015 07/12/2016 BODI L y INJURY (Per pe rson) $ f--ALL OWNED X SC HEDULED BODILY INJURY (Per accident) S f--AUTOS AUTOS x X NON-OWNED PR OP ERTY DAMAG E s HIRED AUTOS _AUTOS {Per accident) -s UMBRELLA LIAB M OCCUR EACH OCCURRENCE s 3 ,000,000 c x EXCESS LIAB CLAIMS.MADE EBU053092891 05/28/2015 05/28/2016 AGGREGATE s 3 ,000 ,000 OED I I RETENTION $ $ WORKERS COMPENSATION x I ~~~TUTE I I OTH- ANO EMPLOYERS' LIABILITY ER D Y/N x MWC0004519-05 06/02/2015 06/02/2016 1,000,000 ANY PROPRIETOR/PARTNER/EXECUT IVE D EL. EACH ACCIDENT s OFFIC ER/MEMBER EXCLUD ED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1 ,000,000 If yes , desc ribe under DESCR IPT ION OF OP ERATIONS below EL DISEASE-POLICY LIMIT s 1,000,000 E MACK FIRE TRUCK 2001463342 07/12/2015 07/12/2016 C.S.L. 1,000,000 DESCRIPT ION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Add it ion al Rem arks Schedule, may be attached If more spa ce Is require d) 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 insured . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POL ICIES B E CANCELL ED BEFOR E The City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE cftJV_, ~~ I © 1988-2014 ACORD CORPORATION. All rights reserve d. A CORD 25 (2014/01) The ACORD name an d logo are registered marks of ACORD ·• # FIRE PROTECTION M A N A G E M E N T I N C. May 16 , 2016 C hr 1' tr •·r\ Mr. .thfistopi'ler Orr City of Cupertino City Hall Cupertino, CA 95014 Re: Five Year Certification and Fire Sprinkler Repairs-10300 Torre Dear Chri s : Ii I I Thank you for your interest in FPM. Please accept the follo w ing as a proposal to perform the state required fi ve y ear certification and repairs to the fire sprinkler system at the abov e-referenced address. The work to be performed will be as follows: 1. Perform the state required five year certification. All work shall be performed in accordance with NFPA 13 and local fire authorities . If any repairs are needed to bring the system up to code, they will be extra and approval will be obtained prior to any repairs being made. 2 . Remove and replace post indicator valve. This work includes hand excavation of the area, replacement of the post indicator valve , reinstalling the tamper switch, rewiring and returning the area to grade. Also, the work will include installing a new fire department connection. 3. Relocate gauge and add new test and drain valve in boiler room 4 .. Replace approximately 40 feet of exposed 4 inch pipe in basement obstructed with sludge and tubercles from MIC contamination. The cost for the above-referenced work shall be $25,280.00. This amount does not include any plans or permit that may be required by the local fire authorities. "!'.---------~----------D~------------~·"<J!il•'l<!SllOl-l:"~---urvr1 4440 Grays Court • Concord, CA 94518-1935 Phone: (925)602-1790 • Fax:(925)459-0363 • www.fireprotectionmgmt.com CUPERTINO en ::J'" "'C -i 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO , CA 95014 www.Cupertino.org VENDOR 407 -Fire Protection Management Inc bl Fire Protection Management Inc a_ 4440 Grays Ct su CONCORD , CA 94518-1935 a REFERENCE# QUANTITY nm•• DESCRIPTION 1.0000 Each m -i 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www. Cupertino. org Purchase Order No. 2016-00000554 DATE 05/17/2016 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: Fire Sprinkler Repair City Hall UNIT COST TOTAL COST 25 ,280.0000 $25 ,280 .00 100-87-827 700-702 -Contract Service General Service Agreement 25,280.00 ~ TOTAL DUE $25,280 .00 • DATE 05/17/2016 Authorized Signature Special Instructions