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17-076 Griffin Painting, Inc., Creekside Park Wall ProjectProject No. J-0 ! ":r-S I 't CITY OF CUPERTINO CONTRACT For Public Works Projects of $45,000 or Less This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Griffin Painting Inc.. a Corporation ("Contractor"), pursuant to Public Contract Code Section 22032, for work on the Creekside Park Wall Project ("Project"). 1. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Attachment A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference . To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of thi s Contract, the Contract terms will control. 2 . TIME FOR COMPLETION The City Engineer will not issue Contractor a written notice to proceed ("NTP") with the Work for the Project until the Contract is fully executed by both parties and City has received all insurance documentation pursuant to Section 13 below and any required bonds, if applicable, pursuant to Section 14 below. Contractor must fully complete the Work within 14 calendar days from the commencement date given in the NTP ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time. 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, performed in full compliance with this Contract, City will pay Contractor$ 38.180.00 ("Contract Price"). Contractor must submit an invoice on the first day of each month during the Contract Time for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. City will pay Contractor 95% of the undisputed amount(s) billed, within 30 days after City's receipt of each properly submitted invoice. Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. Payment and performance bonds are required for this Contract if the Contract Price is $25,000 or Public Works Contract Creekside Park Wall Project Page 1 Project No. __ _ more. 4. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of$ 500.00 per day for each day of unexcused delay in completion. The liquidated damages amount is based on the reasonably foreseeable consequences of delay, which may include actual costs incurred by City due to the delay as well as intangible damages, including loss of or interference with use of public property or inconvenience to the public. Unavoidable delay caused by unanticipated events or circumstances which are entirely outside of Contractor's control may be excused, provided Contractor gives City prompt written notice of any such delay, but excused delay will not entitle Contractor to additional compensation, subject to the limits of Public Contract Code Section 7102. City may deduct liquidated damages from payment due or to become due to Contractor under this Contract. 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): C10 Electrical. Contractor must also obtain a City business license before beginning Work on the Project. Contractor is solely responsible for obtaining any required building permits or similar governmental authorizations for the Work, at Contractor's sole expense. 6 . LABOR CODE COMPLIANCE Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at Section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations ("DIR") pursuant to Labor Code Section 1725.5, and Contractor and any subcontractors must be registered with the DIR to perform public works projects. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. A. Prevailing Wages. The Contract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft, classification or type of worker needed to perform the Work, including but not limited to employer payments for health and welfare, pension, vacation, and apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the Public Works Contract Creekside Park Wall Project Page 2 Project No. __ _ applicable prevailing wage rate , in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. B. Working Day. Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code Section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Attachment A or authorized in writing by City. C. Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811 and 1815. Contractor must submit certified payroll records to the Labor Commissioner as required under California law and regulations. D. Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5. E. Workers' Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing performance of the Work on this Contract." 7. AMENDMENTS AND CHANGE ORDERS The provisions of this Contract may not be modified except by a written amendment or change order that is duly authorized and executed by both City and Contractor. Any Contractor request for a change order must be submitted in writing, specifically identifying the proposed change to the Contract and the Work, and the proposed adjustment, if any, to the Contract Price or the Contract Time. Each such request must be accompanied by all substantiating documentation, including, but not limited to, the drawings, detailed cost estimates, and schedule analysis for the change order. 8. STANDARDS AND COMPLIANCE Public Works Contract Creekside Park Wall Project Page 3 Project No. __ _ Contractor will use its best efforts to complete the Work in a professional and expeditious manner, in compliance with this Contract and all applicable permit requirements. Contractor's workmanship must meet or exceed all applicable standards and must comply with all applicable local, state, and federal laws, regulations, rules, and requirements, including City ordinances. By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. 9. INDEPENDENT CONTRACTOR City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 10. IMMIGRATION REFORM AND CONTROL ACT ("IRCA") Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors performing the Work, pursuant to the IRCA or similar federal or state rules and regulations governing employment of immigrants. Contractor must indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from Contractor's failure to comply with this section. 11. NON-DISCRIMINATION Discrimination against any prospective or present employee of Contractor because of race, color, ancestry national origin, ethnicity, religion, sex, sexual orientation, age, disability or marital status is strictly prohibited. Contractor, its employees and its subcontractors, must comply with all applicable local, state and federal nondiscrimination laws, including but not limited to the California Fair Employment and Housing Act, Government Code Section 11135 and Labor Code Sections 1735 and 3077.5. Any violation of this section constitutes a material breach of this Contract. 12. INDEMNITY To the fullest extent allowed by law, Contractor must indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, Publ ic Works Contract Creekside Park Wall Project Page4 Project No. __ _ officials, agents, employees, consultants and volunteers (individually, an "lndemnitee," and collectively, the "lndemnitees") from and against any and all liability, claims, stop notices, actions, causes of action, demands, losses, damages, and expenses (including legal expenses) whatsoever, including liability arising from an 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 Contract or the Work (collectively, "Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the active negligence, sole negligence, or willful misconduct of an lndemnitee(s). Contractor's failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon City's receipt of any third-party claim relating to the Contract, as required by Public Contract Code Section 9201. No lndemnitee will be personally liable to Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers' compensation laws or other employee benefit statutes, or by the insurance coverage or bond limits required under this Contract, and will survive the expiration or any early termination of the Contract. 13. INSURANCE Contractor must maintain the insurance coverage required in this section through the date of City's acceptance of the Work. The coverage must include the policy types and limits specified below, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor's performance under the Contract. City will not execute the Contract and issue the NTP until Contractor has submitted to City satisfactory certificates of insurance and endorsements, evidencing the type, amount, class of operations covered, and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of "A" or better and a financial size rating of "VI I" or better. If Contractor fails to provide or maintain any of the required insurance coverage, City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. A. Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Attachment A : Public Works Contract Creekside Park Wall Project Page 5 Project No. __ _ (1) Commercial General Liability ("CGL") Insurance: The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or its subcontractor's acts or omissions in the performance of the Work, including contractor's protected coverage, blanket contractual, completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. The CGL policy must protect against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract. (2) Comprehensive Automobile Liability Insurance: The automobile liability policy must be issued on an occurrence basis, with limits of at least $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of $1,000,000 per occurrence, covering owned, non- owned and hired automobiles. (3) Builder's Risk Insurance: The builder's risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (4) Workers' Compensation Insurance and Employer's Liability Insurance: The workers' compensation and employer's liability policy or policies must comply with the requirements of the California Workers' Compensation Insurance and Safety Act, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. B. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section, except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any Public Works Contract Creekside Park Wall Project Page6 Project No. __ _ extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. C. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. D. Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. E. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk policy must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured . (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. F . Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy, using a form and format acceptable to City. G. Subcontractors . Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project, including those requirements related to the naming of additional insureds and waivers of subrogation. 14. BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract under Attachment B, Bond Forms. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor Public Works Contract Creekside Park Wall Project Page 7 Project No. __ _ must provide a substitute bond from a surety acceptable to City, within seven calendar days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City's prior written consent. The terms and conditions of this Contract are binding on Contractor's heirs, successors, and assignees. 16. SUBCONTRACTORS Contractor may use qualified, competent subcontractors to perform up to 90 % of the Work under this Contract, provided each subcontract expressly requires the subcontractor to be bound by the provisions of this Contract, including, but not limited to, the indemnity and insurance requirements. City reserves the right to reject any subcontractor of any tier, and to bar a subcontractor from performing further Work on the Project, if City, acting in its sole discretion, determines that the subcontractor's performance or failure to perform does not meet the requirements of this Contract, or for any of the reasons set forth in Public Contract Code Section 4107. If City rejects a subcontractor pursuant to this section, Contractor must either self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City, at no additional cost to City. 17. UTILITIES, TRENCHING AND EXCAVATION A. Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging. For underground service alerts for City street lighting and traffic signal conduits, Contractor must also, before commencing any Work, call the City of Cupertino Service Center at (408) 777-3269. B. As required by Government Code Section 4215, if, while performing the Work, Contractor discovers utilities or utility facilities not identified by City, Contractor must immediately provide written notice to City and to each known utility. C. As required by Government Code Section 7104, Contractor must promptly notify City in writing if Contractor finds any of the three conditions listed below, and wait for further direction from City before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or Public Works Contract Creekside Park Wall Project Page 8 Project No . __ _ more of the following three conditions is or are present and that the presenters of any such condition will cause a decrease or increase in Contractor's cost of or time required for performance of the Work, City will amend the Contract Time or Contract Price for the Work as required by law: (1) Material that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (3) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. D. As required by Labor Code Section 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City, or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 18. DAILY REPORTS Contractor must maintain daily reports on the Work and submit them to City upon completion of the Project, or at any time upon request by City . Each daily report must describe: the Work performed that day; the number of workers performing the Work and hours worked; the equipment and hours of labor used for each task; a description of weather conditions; and any circumstances affecting the planned progress of the Work. All such reports are the exclusive property of City, but Contractor is permitted to retain copies of the daily reports for its records. 19. RECORDS Unless otherwise specified in Attachment A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed , Public Works Contract Creekside Park Wall Project Page9 Project No. __ _ showing any changes from the Work as planned in Attachment A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work, including but not limited to, as applicable: mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final record drawings of the Proje.ct. Deviations from the original drawings must be shown in detail, and the location of all main runs, including but not limited to piping, conduit, ductwork, and drain lines, must be shown by dimension and elevation. 20. NOTICES All notices, demands, requests or approvals under this Contract must be given or made in writing and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Chris Orr, Public Works Supervisor Contractor: Griffin Painting 3580 Haven Ave. #2 Redwood City, CA 94063 Attention: Mark Griffin 21. URBAN RUNOFF MANAGEMENT All Work on the Project must fully comply with federal, state, local and City regulations concerning stormwater management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Contractor will also develop and implement erosion and sediment controls to prevent pollution of storm drains. Contractor must implement these controls prior to the start of the Work, upgrade them due to weather conditions or as otherwise required by City, maintain them during construction or other Work phases to provide adequate Public Works Contract Creekside Park Wall Project Page 10 Project No. __ _ protection, and remove them at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: A. Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, from October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected. Storm drain inlets will be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site. B. Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of each work day. When the Work is completed, wash the streets and collect and dispose of the wash water offsite, in an appropriate location and lawful manner. D. After breaking old pavement, remove all debris to avoid contact with rainfall or runoff. E. Maintain a clean work area by removing trash, litter, and debris at the end of each work day and also when the Work is completed. Clean up any leaks, drips, and other spills as they occur. F. The requirements stated above are intended to be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. 22. EARLY TERMINATION City may terminate this Contract for convenience, upon written notice to Contractor. City may also terminate this Contract for cause. If Contractor fails or refuses to perform the Work as required under this Contract, Contractor will be deemed in default. If the default is not cured to City's satisfaction within two days after delivery of written notice of default to Contractor, City may, in its sole discretion, elect to do one or more of the following: A. Terminate the Contract immediately, upon written notice to Contractor. B . Complete the Work using City's own forces and charge Contractor for Public Works Contract Creekside Park Wal l Project Page 11 Project No. __ _ all resulting costs and expenses, including City staff time. C. Retain another contractor to complete the Work and charge Contractor for all resulting costs and expenses. D. Require the performance bond surety to pay for completion of the Work. E. Pursue any other remedy available to City at law or under this Contract. If City terminates the Contract for convenience or for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. Nothing in Section 23 below is intended to delay, abridge or bar City's right to terminate this Contract early pursuant to this section. 23. DISPUTE RESOLUTION, LAW AND VENUE Any dispute arising under or relating to this Contract is subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., which are incorporated by reference. Interpretation and enforcement of this Contract is governed by California law. Venue for any legal action filed in relation to this Contract is the Superior Court for the County of Santa Clara, California, and no other place. 24. ADVERTISEMENT Contractor may not post, exhibit, or display any advertising signage at the Project site without prior written approval from City. This section does not apply to signage intended or required for general safety while the Work is in progress. 25. WAIVER A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 26. WARRANTY Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or Public Works Contract Creekside Park Wall Project Page 12 Project No. __ _ materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, Attachments A and B, and the documents and statutes attached, referenced or expressly incorporated herein, including any duly authorized and executed amendments or change orders to the Contract, constitute the full and complete understanding of every kind or nature whatsoever between City and Contractor with respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any provision or authorized modification to this Contract is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, all other provisions will remain in full force and effect. 28. SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26 (Warranty) expressly survive termination or expiration of the Contract. 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract is deemed to be inserted, and the Contract will be construed and enforced as though each was included. If through mistake or otherwise any such provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 30. CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect, limit or amplify the terms or provisions of the Contract. 31 . AUTHORIZATION Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Contract Creekside Park Wall Project Page 13 Project No . __ _ Tn e partres agree fo tths Con tr act as w ffnesse d by th e sign atures heEbw: ~i:~ttft& Dat e sj1S/ I 7 By _________ .,..-__ Name :;?: Ti tle -----z~---- D ate-=_-=_-=_-=_-=_-=_-=_-:_z-=--=-~-=--=--=--=--=--=--=--=--=--=- C IT Y OF CUPERTINO, By.,...:;--,L,=-c,=-''--------- Ti Boren Ofr ect or of P ub lic Works Da t e S'/~3/r7 RECOMMENDED FOR APPROVAL : By 6~ ~~ Name rhlf1.s o il/?.. T itl.e Svf'~ru1s~.,,,- Da te S-/?-2o/? APPROV ED A S TO FORM : ~ fa)-j ~.Randol ph Stevenson H om Ca1ty AUO rp e y \ D at e ~L2-I'~ Attachment A: Scope of Work Att achment B: Bond Forms Pu bli c W ork s Co ntract Cree kside Pa rk Wall Proj ect ATTEST: ~ 6>U,~ Grace Sc hm idt City Cler k Date & -r--/7 Contract Amount: $38,180.00 P.O . No. 2017 -518 Account 'Nl o . 10D~-'824 700-7102 Page 14 Attachment A Scope of Work Contractor will perform the following Work for the Project, within the Contract Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this Contract: • EXTERIOR -DESIGNATED BRICK WALL: • Abrasive blast to prep for repainting. • PAINTING: • Apply primer and two (2) full coats of paint. • ColorTBD • This proposal assumes all work shall be performed during normal business hours (Monday-Friday 7 :00 a.m . to 3:30 p.m.). • Exclusions: Overtime, any other special systems, fire alarm system, liquidated damages, temporary power/lighting, any paint and/or patch. Public Works Contract Creekside Park Wall Project Page 15 Public Works Contract Creekside Park Wall Project Attachment B Bond Forms (follow) Page 16 Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 63196336 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota , and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make , constitute and appoint ~A~r~l~e=n~e~~H~u~e~r~t~a~------------------------------- its true and lawfu l attorney(s)-in-fact , with full power and authority hereby conferred, to execute , acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Griffin Painting, Inc. Obligee: City of Cupertino Am OU n t: $ 1 , 0 0 0 , 0 0 0 . 0 0 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President , sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds , policies , undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer , or any Vice President or by such other officers as the Board of Directors may authorize. The President , any Vice President , Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies , or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds , policies , undertakings , Powers of Attorney or other obligations of the corporation . The signature of any such officer and the corporate seal may be printed by facsimile ." All authority hereby conferred shall expire and terminate , without notice , unless used before midnight of June 3 0 t h 2 0 1 7 , but until such time shall be irrevocable and in full force and effect. In Witn ess Whereof, Western Surety Company has caused these presents to be signed by its Vice President , Paul T. Bruflat , and its corporate ,sea/ o_ be affixed this ] 5th day of May 201 7 STATE OF SOUTH DAKOTA } ss COUNTY OF MINNEHAHA On this • 15th day of Ma y , in the year 201 7 , before me , a notary public, personally appeared Paul T . Bruflat , who being to me duly sworn , acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation . •~~~~~~~~~~~~~~~~~~~~~~~~+ $ J. MOHR f q $~NOTARY PUBLIC®$ ~ ~ SEAL SOUTH DAKOTA SEAL $ Notary Public -South Dakota 3 3 ·~~~~~~~~~~~~~~~~~~~~~~~+ My Commissi o n Expires J une 23, 2 0 21 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in fu ll force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force . In testimony whereof, I have hereunto set my hand and s eal of Western Surety Company this ----~l=S~t ~h~----day of May 201 7 To validate bond authenticity , go to www.cnasurety c om > Owner /Obligee Services > Validate Bond Coverage. Form F5306-1-2016 Performance Bond The City of Cupertino ("City ") and-------------------- ("Contractor'') have entered into a contract, dated , 20 __ ("Contract") for work on the Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, the Contractor as Principal and , its surety ("Surety"), are bound to City as obligee for an amount not less than $ (the "Bond Sum"). By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations; Waiver. Surety's obligations under this Bond will remain in full force and effect during the Contract term and the one year warranty period under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon expiration of the one year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract, including changes to the scope of work or extensions of time for performance of work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845. 3. Application of Contract Balance. Upon making a demand on this Bond , City will make the Contract balance availab le to Surety for completion of the work under the Contract. For purposes of this provision, the Contract balance is defined as the total amount payable by City to Contractor as the Contract price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under the Contract, time being of the essence, Surety must act within seven days of the date of the written notice from the City referencing this section to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the work; 4.2 Arrange for completion of the work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety at Surety's expense; or 4.3 Waive its right to complete the work under the Contract and reimburse City the amount of City's costs to have the remaining work completed . 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal , design professional, or delay costs. Public Works Contract Creekside Park Wall Project Page 19 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address: City/State/Zip: ------------------- Phone: Fax:----------------------- Email: 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on ---------· 20_. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted . SURETY: ----------------------Business Name Name/Title [print] (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: GRIFFIN PAINTING Business Name Name/Title [print] Name/Title [print] APPROVED BY CITY: Name/Title [print] Public Works Contract Creekside Park Wall Project END OF PERFORMANCE BOND Page 20 Payment Bond The City of Cupertino ("City") and Griffin Painting, ("Contractor") have entered into a contract, dated , 20_ ("C ontract") for work on the Creekside Park Wall Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and , its surety ("Surety"), are bound to City as obligee in an amount not less than $ ("Bo nd Sum"), under California Civil Code Sections 9550, et seq . 2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the persons named in California Civil Code Section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its subcontractors, under California Unemployment Insurance Code Section 13020, with respect to the work and labor, then Surety will pay for the same . 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code Section 9100, so as to give a right of action to those persons or their ass igns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void . Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extens ion s of time for performance of the work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code Section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address: --------------------- City/State/Zip: -------------------- Phone: Fax:-----------------------Email: 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond . Public Works Contract Creekside Park Wall Proj ect Page 17 7. Effective Date; Execution. This Bond is entered into and is effective on , 20_. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted. SURETY:-------------------------- Business Name Nameffitle (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: __ G~R_I_F_FI_N_P_A_IN_T_IN_G _____ _ Business Name Nameffitle Nameffitle APPROVED BY CITY : Nameffitle Public Works Contract Creekside Park Wall Project END OF PAYMENT BOND Page 18 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 5/15/2017 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:li~cT Arlene Huerta Insurance Management Corporation rA~~"J'n c ... ,. (925) 673-2200 I FAX IA/C Nol: (925) 673-2212 P.O. Box 1217 ~~J~cc.arlene@imcinsurance.com License# OC54731 INSURER ($) AFFORDING COVERAGE NAIC# Clayton CA 94517 INSURER A :AmTrus t. International Underwriters INSURED INSURER B :Financial Indemni tv Comoanv Griffin Painting, Inc. INSURERc:National Union Fire Ins Co of PA 3580 Haven Ave INSURER D :Insurance Companv of the West Suite #2 INSURER E :Axis Surnlus Lines Ins Co Redwood Citv CA 94063 INSURER F: COVERAGES CERTIFICATE NUMBER:CL141202323 REVISION NUMBER: THIS IS IO t;EK 11FY I HAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THt: INSURt:u NAMED ABOVE FOR I Ht: POLlt;Y l'ER10u INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE LTR ,,.,., .. ,.,n,n POLICY NUMBER ,~~g~ ,.':&It,%~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -DAMAGE TO r-<t:N I t:U X COMMERCIAL GENERAL UABILllY PREMISES fEa occurrencel $ 100,000 -=i CLAIMS-MADE [ii OCCUR X X 11/1/2017 1/1/2018 A EN102473702 MED EXP (Any one person) $ 5 000 1-- PERSONAL & ADV INJURY $ 1,000,000 -GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS • COMP/OP AGG $ 2,000,000 , POLICY rxi ~tr.,. n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1.000 000 /Ea accidentl B X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED 14128734 1/1/2017 1/1/2018 BODILY INJURY (Per accident) $ -AUTOS AUTOS X X NON-OWNED PROPERlY DAMAGE $ HIREOAUTOS AUTOS /Per accidentl --Hired/borrowed $ UMBRELLA UAB H OCCUR EACH OCCURRENCE $ 5,000,000 1-- C X EXCESS LIAB CLA IMS-MADE AGGREGATE $ 5,000,000 OED I I RETENTION $ EBU 088086657 ll/1/2017 1/1/2018 $ D WORKERS COMPENSATION x I /!,gJTtJ1~s I I OJitl· AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACC IDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? 1/1/2017 1/1/2018 (Mandatory In NH) X wSA5035369 E.L. DISEASE • EA EMPLOYEE $ 1 000 000 g~sc;~j~J~ otoPERATIONS below E.L. DISEASE • POLICY LIMIT $ 1 000 000 E Contractors Pollution Each Claim 1,000,000 Liability CPoo2387-01 -2017 5/11/2017 5/11/2018 Policy Aggreagate 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remar1<s Schedule, If more space ls required) The City of Cupertino, including its City Council, boards and commissions, officers, officials, agents, employees.consultants and volunteers shall be named as additional insured with respects to the General Liability. Waiver of subrogation shall be applied to the GL and WC. Insurance shall be primary and non-contributory. Project:City of Cupertino Creekside Park Wall Project CERTIFICATE HOLDER CANCELLATION 10 D N ti f C ell ti f N P ay o ce o anc a on or on avment o f p . remum. City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 103QO Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE Attention:Chris Orr, Public Works Supervisor Arlene Huerta/ARLENE ~~~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) INS025 (201oos1.01 The ACORD name and logo are registered marks of ACORD POLICYNUMBER: EN 1 0 2 47370 2 COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS • OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: EN102473702 Endorsement Effective: 01 /01 /1 7 12:01 a.m . Named Insured : Counter Signed By: GRIFFIN PAINTING INC tJ.~s~,i\ ('" . ~ v .~ ':X.\.l ,. ' ... , J ' SCHEDULE Name of Person or Organization : Any person or organization that the named insured is obligated by virtue of a written contract or Agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, informa tion required to complete th is endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liab le for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exc lus ions This insurance does not apply to "bodi ly injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than services, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed: or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. NX GL 189 05 11 Page 1 of 2 Includes copyrighted material of Insurance Services Office , Inc., with its permission COMMERCIAL GENERAL LIABILITY NX GL 189 0511 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. D. The following are added to SECTION V -DEFINITIONS: "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. E. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Pr imary Wording With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you underwritten contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance . Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy . 2 . Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make fo r injury or damage arising out of "you work" done under a contract with that person or organization . NX GL 189 05 11 Page 2 of 2 Includes copyrighted material of Insurance Services Office , Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. W c will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET W AIYER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/01/2017 Insured: Griffin Painting, Inc. Policy No. WSA5035369 Insurance Company: ICW GROUP Insurance Company Endorsement No. 001 Premium $ INCL. c;;-_-:1,7~ Countersigned By:--------------------------- -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. 6 Griffin Painting Inc . 3580 Haven Ave. #2 Redwood City, CA 94063 CA Lie# 599026 (650) 368-3190 Fax (650) 368-3192 CLIENT: COCUP City Of Cupertino 10300 Torre Ave. Cupertino, CA 95014-3202 Proposal PROPOSAL: 003435 Creekside Park Wall PROJECT: 023398 Creekside Park Wall DATE: 05/04/17 Contractor agrees to furnish all equipment, materials , supplies, services and labor in accordance with all applicable labor, building and Building Plans and Specifications and to complete the following work: Proposal Scope of Work: Attn: Chris EXTERIOR -DESIGNATED BRICK WALL Abrasive blast to prep for repainting. NOTES : Others to post and shut down walkway for duration of the work, (one week), and notify neighbors. Air samples are not including in above price. Profiling of waste is not included in the above price. Six inches at top of the wall to remain as is. The above price does not include abatement or disposal of any hazardous materials. The above price does not include dust or debris control outside our work area, including neighbor's yards and houses. We will provide containment, clean-up and disposal of spent abrasive, ( on trail side only) . We will provide dust collection, (not 100%). The above price includes one (1) move-in. Some paint may remain on brick and there may be some damage to brick and/or mortar. The above price is based on working regular, straight time hours, Monday thru Friday, 7:00am to 3:30pm. PAINTING: Apply primer and 2 full coats of paint. ColorTBD. TOTAL BID: $38,180.00 Proposal 00 3435 Signed:'---4-&_,.;LJ.~'-'"--"'-'.=:.-__..~"'---""-~-"'--''--------- Dated: ____,..5;.._-_'1_,__-...... 1 ...... ) __ _ Title: S /J --·---c) L e.-,.,, i-e_,tc!.,.'1/ ( Page 2 05/04/17 II CUPERTI NO (/) ~ "C -I 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO , CA 95014 www.Cupertino.org VENDOR 1364 -GRIFFIN PAINTING INC ~ GRIFFIN PAINTING INC ::, 3164 ROLISON ROAD -m REDWOOD CITY, CA 94063 Sl REFERENCE# QUANTITY 111ma DESCRIPTION 1.0000 Each m -I 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www.Cupertino.org Purchase Order No. 2017 -00000518 DATE 05/08/2017 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: Creekside Park Wall UNIT COST TOTAL COST 38 ,180.0000 $38,180 .00 100-86-824 700-702 -Contract Service General Service Agreement 38 ,180.00 • TOTAL DUE $38,180 .00 • DATE 05/08/2017 Authorized Signature Special Instruc tions