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17-020 Chrisp Company, Guardrail RepairAGREEMENT BETWEEN THE CITY OF CUPERTINO AND CHRISP COMPANY FOR GUARDRAIL REPAIR THIS AGREEMENT, for reference dated Jan . 27, 2017, is by and between CITY OF CUPERTINO (hereinafter referred to as "City"), a municipal corporation, and Chrisp Company (hereinafter referred to as "Contractor"), a California corporation whose address is 43650 Osgood Rd., Fremont, Ca . 94539 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 expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2 . SERVICES TO BE PERFORMED : Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Proposal dated January 17th, 2017, 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 100-82-804-700-702 fund, which compensation is not to exceed Seven Thousand Three Hundred and Fifty dollars ($7350.00) Payment will be made by City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made up to 95 % of the value of the work. City shall retain 5 % of the value of the work as partial security for the completion of the work by Contractor. Retained amounts will P age 1 of 20 be paid to Contractor 35 days after the acceptance b y City and the recording of the Notice of Completion with the Santa Clara County Recorder's office. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. 4 . TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph 1 above, damage will be sustained b y City, and that it is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to City the sum of Two Thousand Dollars ($ 2,000) per day for each and every day's delay beyond the time 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 amount thereof from any money due or that may become due the Contractor under 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 sureties, and to deduct from the final pay ment 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 b y this Agreement is that of employer-independent contractor. The marmer and means of conducting the work are Page 2 of 20 under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless 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 under 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 counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required h ere, 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 Pa ge 3 of 20 certificates, which do not limit Contractor's inderrmification, 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. Page 4 of 20 -----------~-- C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volw1teers 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 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 tl1erein, 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 assigrunent, hypothecation or transfer. However, claims for money b y Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. 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. Pa ge 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 submitted in writing, describing the sco pe of work to be subcontracted and the name of the propose d subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs £or the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carrie d b y Contractor. In addition, any work or services subcontracted hereunder shall b e subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared b y Contractor pursuant to or in connection with this Agreement shall b e the exclusive property of City. Consultant may retain a copy of any report furnished to City pursuant to this 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 b y Contractor without prior approval b y 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 b y City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to p ermit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall b e 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 h·anscripts therefrom as necessary, and to allow ins p ection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting Page 6 of 20 documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City 's preliminary examination or audit of records, and 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: Brad Alexander 10555 Mary Ave. Cupertino CA 95014 All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Chrisp Company Attn: David Morris 43650 Osgood Rd Fremont, Ca. 94539 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 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 control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences , block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all mater ials from pave d surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the P age 7 of 20 completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the 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 storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days ' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20 . COMPLIANCES: Contractor shall comply with all 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. Contractor 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 reports to City upon request from City will result in either 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, at not less than 1 ½ times the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained 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 Payroll Records shall be made available for inspection as provided in California Labor Code 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 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 Page 9 of 20 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 b y 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. P age 10 of 20 P.O.No.: IN WITNESS WHEREOF, the parties have caused the Agreement to be execu ted on the day and year first above written. CONTRACTOR Chrisp Company By----<->,.i---=)/4~~~l_f_/J1L---=- Name David Morris Title Executive Vice President Date 1/30/17 Address: 43650 Osgood Rd., Fremont, Ca . 94539 CITY OF CUPERTINO A Mwucipal Corporation By ~/2 ___ /--Timm Borden,irecto, of Public Works Date J -/ 3 ~ .20/1 RECOMMENDED FOR APPROVAL: By ~ Brad Alexander, Public Works Supervisor APP W ED AS TO FORM: By . j A )\L-/ ......, V ~Attorney ATTEST: CSYucS2l .dr Grace Schmidt, City Clerk )..-/ 3-/ ·7 Contract Amount: $7350.00 Account No. : 100-82-804-700-702 P age 11 of 20 CALI FORNIA ALL-P URP OS E ACKNOWL ED GM EN T CIVIL COD E § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ALAMEDA On ___ 1_/_30_/_20_1_7 ____ before me, ___ K_E_L_L_Y_R_._A_G_U_ILA_R~·~N_O_T_A_R_Y_P_U_B_L_IC ____ _ Date Here Insert Name and Title of the Officer personally appeared ___________ D_A_V_ID_L._M_O_R_R_IS ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she.4hey executed the same in his~/thei,: authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------oPnONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ LJ Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -n Lim ited n General D Partner -D Limited D General D Individual D Attorney in Fact n Individual D Attorney in Fact D Trustee LJ Guardian or Conservator D Trustee n Guardian or Conservator D Other: _____________ _ LJ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www .NationalNotary.org • 1-800-US NOTARY (1 -800 -876-6827) Item #5907 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 b y Contractor. 2. Certificate of Insurance to the City of Cupertino -must b e completed b y 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 b y the insurance agent for gen eral liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project -must b e signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed b y the insurance agent for worker's compensation only. P age 12 o f 20 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. The 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 hereunder, 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 b y 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 inderrmification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishi11g 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 P age 13 of 20 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, p.on-owned and hired automobiles. CHRISP COMP ANY (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: _______ 1~/3_0~/2_0_1_7_ P age 14 of 20 CITY OF a 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: CHRISP COMP ANY Address: 43650 OSGOOD ROAD FREMONT CA 94539 Description of operations/locations/products insured (show contract name and/or number, if any):--------------------------------- WORKER'S COMPENSATION Zurich American Insurance Company (Name of insurer) * Statutory Min. * Employer's Liability $ 1,000 ,000 $ 1 000 000 $ 1,000,000 Insurance Company's State License No. ____ 1_65_3_5 _____________ _ Check Policy Type: COMPREHENSIVE GENERAL LIABILITY [x] Premises/Operations [x] Owners & Contractors Protective [ ] Contractual for Specific Contract $ ______ _ [ ] Products Liability [x ] XCV Hazards [x ] Broad Form P.O. [ ] Severability of Interest Clause [ ] Personal Injury with Employee Exclusion Removed or Self-Insured COMMERCIAL GENERAL LIABILITY Zurich American Insurance Company Each Occurrence General Aggregate (if applicable) Aggregate Personal Injury $ 1,000,000 $ 2,000 ,000 $ 2,000,000 Fire Damage (any one fire) $_5_o._oo_o ____ _ Medical Expense (any one person) Retention $ 5,000 $ 10,000 (Name of insurer) Policy No. GLO 0217730-01 AUTOMOTIVENEHICLE LIABILITY Commercial Form Expiration Date 121112017 BODILY INJURY Each Person Page 15 of 20 PROPERTY DAMAGE Each Accident Liability Coverage Zurich American Insurance Company (Name of insurer) Policy No. SAP 0217729-01 BUILDER'S RISK "ALL RISK" $ _____ $ ____ _ Each Accident $ _______ or Combined Single Limit 12/1/2017 Expiration Date ______ _ $ 1,000,000 This is to certify that the following policy 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 herein. 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 IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. Dated: -i-+--{p ___ 20Q Certificate of Insurance and Additional Insured Endorsement on company forms . Page 16 of 20 CITY OF fl CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: ___ __,G=U=A=-==R=D'""'R=A-=I=L'-'R=E=P"""A=I=R"'------------ 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 Contract 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 insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, 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: ---~Z~U=R=IC=H~A=M~ERI~C=A=N~IN~S~U~RA~=N~C=E=C~O~M=P~A=N~Y~-- 2. Insurance Policy Number: ___ G_Lo_o2_1_77_3_0_-0_1 _______________ _ 3. Effective Date of this Endorsement: _______________ ....,1=2"""'/1=/=2=01=6"-- 4. Insured: ________ C=H~RI~S~P_C~O_MP_A~NY~------------- 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 Avenue; Cupertino, California 95014. I, Jennifer Abbate (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. rnished to the District) Names of Agent/ Agency: _A_rt_h_ur_J_. G_a_ll_ag_h_e_r _______ _ Title: Client Service Supervisor Address: 3697 Mt. Diablo Blvd ., Suite 300 Telephone: 925-953-5283 ___ _ Lafayette , CA 94549 Facsimile: _9_2_5-_299_-0_3_28 ____ _ Page 18 of 20 CITY OF II CUPERTINO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: ____ G=U=-=A=R-=D=R=A=IL~R=E=P~A=I=R=----------- 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 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. Insurance Company: ZURICH AMERICAN INSURANCE COMP ANY 2. Insurance Policy Number: -~G~L_0~0_2=17~7~3~0-~0~1 ______________ _ 3. Effective Date of this Endorsement: 12/1/2016 4. Insured: CHRISP COMP ANY 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. Jennifer Abbate 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: -+.f-----T.--~-a--~~---_______ _ (Original signature required on all En Names of Agent/ Agency: _A_rt_h_ur_J_. G_a_ll_ag_h_er _______ _ Address: 3697 Mt. Diablo Blvd ., Suite 300 Lafayette, CA 94549 Pa ge 19 of 20 Title: Client Service Supervisor Telephone: 925-953-5283 ___ _ Facsimile: 925-299-0328 -------- CITY OF a CUPERTINO WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE Project Title and Number: ____ G=-=Uc.:..A=R=D=.,R=A=I=L-=R=E=P'"""A-=I=R-=----------- 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, 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: ZURICH AMERICAN INSURANCE COMP ANY 2. Insurance Policy Number: __ W'--'--"C"'--0=2=1..,_7 .... 7=3-=-1-"""0""'1 _______________ _ 3. Effective Date of this Endorsement: 12/1/2016 4. Insured: CHRISP COMP ANY 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. Jennifer Abbate 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. rnished to the District) Names of Agent/Agency: __ A_rth_u_r J_._G_a1_1a_gh_e_r ______ _ Title: Client Service Supervisor Address: __ 3_69_7_M_t_. o_ia_b_1o_s_1v_d._. s_u_ite_3_o_o _____ _ T 1 h 925-953-5283 eep one: _______ _ Lafayette, CA 94549 Facsimile: 925-299-0328 -------- END OF DOCUMENT Pa ge 20 of 20 REVISED Registration No . 1000000306 Fremont Office REVISED 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fa x: (510) 656 -2397 Quotation TO : CUPERTINO , CITY OF 10300 TORRE AVENUE Contractors Li cense No . 3746 00 DIR Registration No . 1000000306 A General Engineering C-13 Fence , Wire , wood C-32 Highway Improvement Un ion Co ntra ctor / No minority Status Current Date : 1/17/2017 BidDate : 12/13/2016 JobName : 22772 ALCALDE ROAD GUARDRAIL REPAIR DIR CUPERTINO CA 95014-0255 Location : CUPERTINO Bid#: 34136 O 01 02 Pho ne : (408) 777-3275 Fa x: ( ) - Contact: BRAD ALEXANDER email: brada@cupertino.org ITEM NO. DESCRIPTION TRAFFIC CONTROL AND MOBILIZATION COSTS FOR CHRISP COMPANY WORK ONLY REMOVE 65 LF OF METAL RAIL WITH BLOCKS AND USING THE EXISTING POST , INSTALL 65 LF OF NEW 6"X8 " WOOD RAIL Written Authorization is Required Prior to Proceeding With Work ACCEPTED BY: Brad Alexander P.O. Number TITLE: Public Works Supervisor Job Number This quote includes all stipulations found on page 2 Page 1 of 2 Contra c t#: Job#: Working Days : Liqui dated Damages QUANTITY UNIT UNIT PRICE 1 SUM 1 SUM Subtotal Bond Rate 1.2% 2500.000 4850.000 TOTAL Addendu QUOTE PREPARED BY David Morris (510) 719-6453 dmorris@chrispco.com CHRISP COMPANY Ex hib it "A " TOTAL $2 ,500 .00 $4 ,850 .00 $7,3 50.00 $7 ,3 50 .00 ~p ~atUf REVISED Registration No. 1000000306 Fremont Office REVISED 43650 Osgood Rd Fremont CA 94539 Phone : ( 510) 656-2840 Fax: ( 510) 656-2397 Quotation Contractors License No . 374600 DIR DIR Registration No. 1000000306 A General Engineering C-13 Fence, Wire , wood C-32 Highway Improvement Union Contractor/ No minority Status COMMENTS, EXCLUSIONS, AND STIPULATIONS The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co. dated January 17, 2017 for the following project 22772 ALCALDE ROAD GUARDRAIL REPAIR • NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN $5,000.00 • • Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date • EXCLUDE: Installation or removal of temporary delineation • Clean, clear and unobstructed access required for Chrisp Co. work • Final PAY QTYS presented by owner MUST be agreed by Chrisp Co. • EXCLUDE: Traffic Control Plan • Traffic Control INCLUDED for Chrisp Company work ONLY • After receiving contract 10 working days written notice required prior to scheduling of work • EXCLUDE: Special Insurance Requirements,(i.e. Railroad Insurance, ________ _ • EXCLUDE: Construction Area Signs • This quotation excludes Primary Liability Insurance greater than $2,000,000. • This quotation excludes all work associated with the project SWPP and WPCP. • Mobilization & Traffic Control Items shall not be adjusted for decreases in the work. • Mobilization & Traffic Control Items shall be adjusted for increases in the work • EXCLUDE: Advanced posting of "No Parking" signs • THIS QUOTATION IS BASED ON A STANDARD MONDAY THROUGH FRIDAY WORK WEEK. ADDITIONAL COSTS WILL OCCUR FOR WORK PERFORMED ON WEEKENDS • CHRISP COMPANY WILL USE EXISTING EMPLOYEE POOL TO PERFORM ALL WORK ON THIS PROJECT. IF THERE ARE ANY HIRING GOALS FOR THIS PROJECT THIS WILL BE EXCLUDED Page 2 of 2 Exhibit "A"