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17-179 Griffin Painting, Inc., Painting the Senior Center Trellis
Purchase Order No. 2018-00000271 CITY OF fl PUBLIC WORKS CONTRACT OF $45,000 OR LESS WITH Griffin Painting Inc. FOR Painting-Senior Center Trellis CUPERTINO 1. PARTIES This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Griff'm Painting Inc. a Corporation, pursuant to Public Contract Code Section 22032, for work on painting the Senior Center trellis. 2. 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 and any other documents and statutes incorporated by reference. If any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2. TIME FOR COMPLETION The Work required shall commence on TBD or on the date shown on a written Notice to Proceed ("NTP"). 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 bonds required for contracts of $25,000 or more, pursuant to Section 14 below. Contractor must fully complete the Work within 30 calendar days from the commencement date ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time. 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, City will pay Contractor a total not to exceed$ 3,880.00. Contractor must submit an invoice on the first day of each month during the 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. 4. LIQUIDATED DAMAGES Liquidated damages in the amount of$100.00 will be charged each day of unexcused delay, or City may deduct said amount from payments. Liquidated damages are based on reasonably foreseeable consequences of delay, including actual costs incurred by City and intangible damages such as loss of or interference with use of public property or public inconvenience. Upon receiving prompt notice from Contractor of unanticipated events, City may excuse minor unavoidable delays but Contractor will not be entitled to additional compensation, subject to provisions of Public Contract Code Section 7102. Painting-Senior Center Trellis Griffin Painting Inc. Page I Public Works Contract-Under $45,000/R.ev. Oct 4, 2017 Purchase Order No. 2018-00000271 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): C-33. Contractor must obtain a City business license before beginning Work. 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, this 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. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. Prevailing Wages. Contractor must pay prevailing wages 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, pension, vacation, 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/subcontractor are required to make aggrieved workers whole and to pay City a penalty up to $ 200.00 per day or portion thereof, for each worker not paid prevailing wages. Working Day. Pursuant to Labor Code Section 1810, a legal day's work is eight hours oflabor. Pursuant to Labor Code Section 1813, Contractor will pay City a penalty of$25 for each day workers of Contractor or subcontractors are required or permitted to work more than eight hours a day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. The Work must be done during regular City working days/ hours unless otherwise specified in Attachment A or authorized in writing by City. Payroll Records. Contractor must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and DIR implementing regulations. Contractor and subcontractors must certify under penalty of perjury that the information in payroll records is true and correct, as required by Labor Code Sections 1771, 1811 and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner unless the Contract is exempt from DIR registration. Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5. Dm Monitoring, Enforcement, and Registration. This Contract is subject to compliance, monitoring and enforcement by the DIR pursuant to Labor Code Section 1725.5, unless exempted as indicated below. Contractor/subcontractors must be registered with the DIR to perform public works projects. (1) The registration requirements of Labor Code Section 1725.5 or for electronic submission of certified payroll records do not apply if the Contract is for: ( a) construction, alteration, demolition, installation, or repair and under $25,000; or (b) maintenance and under $15,000. (2) "Maintenance" includes routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired, carpentry, electrical, Painting-Senior Center Trellis Griffin Painting hlc. Page2 Public Works Contract-Under $45,000/R.ev. Oct 4, 2017 Purchase Order No. 2018-00000271 plumbing, glazing, touchup painting, and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment pennanently attached to the building or realty as fixtures, and landscape maintenance including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. Workers' Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies: "I am aware of Labor Code Section 3 700 which requires 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 the Work on this Contract." 7. AMENDMENTS AND CHANGE ORDERS All amendments or change orders must be in writing and duly authorized and executed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work and any adjustments in Contract Price or Contract Time. Each such request must be accompanied by all supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 8. STANDARDS AND COMPLIANCE Contractor will use its best efforts to complete the Work in a professional and expeditious manner as required by this Contract and all permit requirements. Contractor's workmanship must meet or exceed industry standards and comply with applicable local, state, and federal laws, regulations, rules, and requirements. By executing this Contract Contractor warrants that all Work will be performed by qualified and experienced personnel, 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 a conflict of interest. 9. INDEPENDENT CONTRACTOR Contractor is an independent contractor and is responsible for the Work and the means and methods by which it is performed. Contractor is not a City employee nor entitled to any employee benefits. 10. COMPLIANCE WITH LAWS Contractor must comply with all applicable local, state and federal laws, rules and regulations. Contractor will promptly advise City of any change in applicable laws or other conditions that may affect City's project or Contractor's ability to perform. In addition, Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors performing the Work, pursuant to the Immigration Reform and Control Act 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 Painting-Senior Center Trellis Griffin Painting Inc, Public Works Contract-Under $45,000/Rev. Oct 4, 2017 Page3 Purchase Order No. 2018-00000271 Discrimination against any person, prospective, or present employee of Contractor in connection with this Contract in violation of federal, state or local law is prohibited. There shall be no discrimination on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, or any other protected classification, including gender identity, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) Contractor, its employees and subcontractors, must comply with all anti-discrimination laws, including but not limited to civil rights laws, the California Fair Employment and Housing Act, Gov. Code Sec. 11135, and Labor Code Sec. 1735 and 3077.5. Violations of this provision constitute a material breach. 12. INDEMNITY To the fullest extent allowed by law, Contractor must indenmify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers ("Indemnitees") 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 injury or death of any person, or damage to property or other liability of any nature, arising out of, pertaining to, or related to the Work or performance of this Contract ("Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors. This indenmity obligation does not extend to Liability caused by the sole negligence or willful misconduct of an Indemnitees. Contractor's failure or refusal to timely accept a tender of defense 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 Indenmitee 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 shall comply with all the insurance requirements in Attachment C -Insurance Requirements, attached and incorporated herein by reference. Contractor shall not commence any work or provide any Services until after all insurance requirements are met. 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 nor issue a NTP until Contractor has submitted 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"VII" 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, deduct costs from payments to Contractor, or terminate the Contract for default. 14. BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Painting -Senior Center Trellis Griffin Painting Inc. Page4 Public Works Contract-Unde.r $45,000/Rev. Oct 4, 2017 Purchase Order No. 2018-00000271 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 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 50 % of the Work, provided each subcontract expressly requires subcontractors to be bound by the provisions of this Contract, including but not limited to the indemnity and insurance requirements. It is Contractor's responsibility to ensure that Subcontractors maintain the required insurance certificates, minimum coverage, additional insureds endorsements, indemnity, and waivers of subrogation. Contractor agrees to include these insurance requirements and indemnity provisions in any contract with a Subcontractor. Contractor shall require Subcontractors to provide valid certificates of insurance and endorsements prior to commencement of Work and shall provide proof of compliance to City. Subcontractors must agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents. Subcontractors must include these requirements in any contract with a Sub-subcontractor. A copy of this Agreement and its insurance provisions will be furnished to the Subcontractor upon request. 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 Painting -Senior Center Trellis Griffin Painting Inc. Page 5 Public Works Contract-Under $45,000/Rev. Oct 4, 2017 Purchase Order No. 2018-00000271 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 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 III 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 excavation of any trench or trenches 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 for worker protection from potential hazards of caving ground. 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. RECORDS AND DAILY REPORTS Contractor must maintain daily reports on the Work and submit them to City upon request and at completion of Project. Daily reports must describe: the Work performed that day; the number of workers and hours performing the Work; the equipment and hours oflabor 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 for its records. Unless otherwise specified in Attachment A, Contractor must maintain and update a separate set of as- built drawings during performance of the Work, showing any changes to the Work Scope 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; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final record drawings of the Project. 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. 19. CONFLICTS OF INTEREST Contractor warrants it does not have a conflict of interest in connection with this Contractor or the Work. Contractor shall comply with conflict of interest laws under Government Code section 1090 et seq., the Political Reform Act, Government Code section 81000 et seq., and all accompanying regulations. Contractor warrants that neither Contractor, subcontractor, nor their employees are employed by City or have any other relationship with City officials, employees or consultants that would Painting~ Senior Center Trellis Griffin Painting Inc. Page6 Public Works Contract-Under $45,000/Rev. Oct 4, 2017 Purchase Order No. 2018-00000271 create an unlawful conflict of interest. If Contractor acts in a staff capacity or makes governmental decisions during the Contract Term, Contractor may be required to fill out a conflict of interest form pursuant to Title 2, Division 6, Section 18700 of the California Code of Regulations. 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 of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Ken Tanase Copy to: Jonathan Ferrante Email: tyb@cupertino.org 21. URBAN RUNOFF MANAGEMENT Contractor: Griffin Painting Inc. Address: 3164 Rolison Road Redwood City, CA. 94063 Attention: Mark Griffin Copyto: __________ _ Email: ------------- 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 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, October 15 through June 15, storm drain inlets impacted by construction work must 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 and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manuer. D. After breaking old pavement, remove debris to avoid contact with rainfall/runoff. E. Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. Painting-Senior Center Trellis Griffin Painting Inc. Page 7 Public Works Contract -Under $45,000/Rev. Oct 4, 2017 Purchase Order No. 2018-00000271 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. EARLYTERMINATION City may terminate this Contract for convenience or for cause, upon written notice to Contractor. Contractor's failure or refusal to perform the Work as required will be deemed a default. If 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 all resulting costs and expenses, including City staff time. C. Retain another contractor to complete the Work and charge Contractor for 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, City will owe Contractor only for Work satisfactorily performed before Contract termination date. 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 Contract disputes are subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., incorporated here by reference. Interpretation and enforcement of this Contract are governed by California law, and venue for any legal action shall be the Superior Court for the County of Santa Clara, California. Contract disputes are subject to the requirements of the California Government Claims Act. 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 Work is in progress. 25. WAIVER City waiver of any breach of a contract provision or condition, or the acceptance of work or payment for said work, shall not constitute a waiver of any other breach of this Contract. Painting-Senior Center Trellis Griffin Painting Inc, Page8 Public Works Contract-U11der $45,000/Rev. Oct 4, 2017 Purchase Order No. 2018-00000271 26. WARRANTY Contractor guarantees the Work and materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work as complete ("Warranty Period"). During the Warranty Period, upon notice from City of any Work defects, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials and any other Work or materials that are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, attachments, and documents and statutes attached, referenced, or expressly incorporated herein, including any duly authorized and executed amendments or change orders, constitute the full and complete understanding of every kind or nature 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 term or provision of this Contract is determined by a court to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions shall 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 mandated by law will be deemed to be included in this Contract for purposes of interpretation and enforcement. If through mistake or otherwise any such provision was omitted or incorrectly inserted, the Contract will be deemed amended accordingly. The Parties will work in good faith to give meaning to the intent of this Contract. 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 The persons signing below warrant they have the authority to enter into this Agreement and legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. IN WITNESS WHEREOF, the parties have caused this Contract to be executed. Painting-Senior Center Trellis Griffin Painting Inc. Page 9 Public Works Contract-Under $45,000/Rev. Oct 4, 2017 CONTRACTOR Griffin Painting Inc., Purchase Order No. 2018-000002 71 CITY OF CUPERTINO, a Municipal Corporation By: ----+-~~L'-------,--4~1~~' _ /Yb,(C, &r1 c-Ki:--By:~ Timm Borden Title: __ "f!~o1,u_~}~rk-:~·~------- Date: fl(?-6U7 -~'"-+-, ~O...,,f-'--~-------- APPROVED AS TO FORM: ~~ ;QM ~, Randolph Hom By: Title: Director of Public Works Date: vl / 1--fj/lJ ATTEST: Grace Schmi~<~ }/J Title: City Attorney Title: City Clerk City Attorney's Office Date: ----------- Painting-Senior Center Trellis Griffin Painting.Inc. City of Cupertino Date: _/_2_~~2,~/_~_(~7 __ Page IO Contract Amount: $3,880.00 P.O. No. 2018-00000271 Account No. 100-87 -831 • 700-702 Public Works Contract-Under $45,000/Rev. Oct 4, 2017 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: See attached Proposal #003 527 Painting -Senior Center Trellis Griffin Painting Inc, Public Works Contract-Under $45,000/Rev. Oct 4, 2017 Page l l Griffin Painting Inc. 3580 Haven Ave. #2 Redwood City, CA 94063 CA Lie# 699026 (650) 368-3190 Fax (650) 368-3192 CLIENT: COCUP City Of Cupertino 10300 Torre Ave. Cupertino, CA 95014-3202 Proposal PROPOSAL: 003527 Senior Center Trellis PROJECT: 023489 Senior Center Trellis Cupertino, CA DATE: 09/19/17 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: Ty Wood Trellis: Clean and apply wood brightner. Scrub by hand with brush. Apply Cedar tone sealer by hand. Paint metal brackets. -'/' ' /, t Title: Cci.~~" 11" U /, rJ Jk,·· f Painting -Senior Center Trellis Griffin Painting Inc, EXHIBIT "A" TOTAL BIO: $3,880.00 END OF ATTACHMENT A Public Works Contract-Under $45,000/Rev. Oct 4, 2017 Page 12 ATTACHMENT C -INSURANCE REQUIREMENTS A. Required Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Attachment A: (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. a. It will be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy, whichever is greater. b. The Additional Insured coverage under the Contractor's policy will be "primary and non- contributory" and will not seek contribution from the City's insurance or self-insurance and will be at least as broad as CG 20 010412. c. The limits oflnsurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance will contain or be endorsed to contain a provision that such coverage will also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City's own insurance or self- insurance will be called upon to protect it as a named insured. Contractor will maintain insurance as required by this contract to the fullest amount allowed by law and will maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the contractor. (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) 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 Painting-Senior Center Trellis Griffin Painting Jue. Page 13 Public Works Contract-Under $45,000/Rev. Oct 4, 2017 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. Builder's Risk Insurance. Contractor must provide builder's risk insurance only if the box below is checked. D Builder's Risk coverage is required for this Contact. The builder's risk policy must be issued for course of construction 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, and name the City as a loss payee as its interest may appear. If the Project does not involve new or major reconstruction, the City may elect, acting in its sole discretion, to accept an installation floater policy instead of builder's risk. The installation floater policy must provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. C. 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 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. D. 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. E. 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. F. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk or installation floater policy, if required, 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 oflateral support. Painting-Senior Center Trellis Griffin Painting Inc. Page 14 Public Works Contract-Under $45,000/Rev. Oct 4, 2017 G. 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. H. 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. Painting-Senior Center Trellis Griffin Painting Inc. END OF ATTACHMENT C Public Works Contract-Under $45,000/Rev. Oct 4, 2017 Page 15 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYVYI ~ 11/?1/?017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE· POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Heu of such endorsement(s). PRODUCER , S2!U~CT Arlene Huerta Insurance Management Corporation PHONE ...... (925) 673-2200 I ft.l u.,. c92si 613-2212 P.O. Box 1217 ~arlene@imcinsurance.com License# OC54731 INSURERfSl AFFORDING COVERAGE NAIC# Clayton CA 94517 INSURER A :AmTrust. InternationalUnderwri ters INSURED INSURER a :Financial Indemni +-•• r.o----nv Griffin Painting, Inc. 1NsURERc:National Union Fire Ins Co of PA 3580 Haven Ave INSURER o :Insurance Cotnr1anv of the West Suite #2 INSURER E :Avis S11rnJus Lines Ins Co Redwood Citv CA 94063 '"""".,ER F: COVERAGES CERTIFICATE NUMBER:CL141202323 REVISION NUMBER: T rnS IS TO CERTll"Y THAT I HE t"OL1v1c.~ vr Ce LIO I ED BELOW HAvc BEeN l>Sucu TO THE iNSUKED NAMED AeOVE FOR THE POLIGY Pcm0D INDICATED. NOT1MTHSTAND1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 1YPEOFINSURANCE POLICY t.1UMBER 11:a~~rvw:,l ,~BM~, LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I--g~~~i~ OE~~!!.'."~---' X COMMERCIAL GENERAL LIABILITY $ 100,000 A I CLAIMS-MADE Ci] OCCUR X X &:N102473702 ~/1/2017 1/1/2018 MED EXP (Any one person) $ 5 000 I--PERSONAL & ADV INJURY $ 1,000,000 I--GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG $ 2,000,000 Ii POLICY fxl ~!',Pe n LOG $ AUTOMOBILE LIABILITY ~~~~\d~~?NGLE L1Mff • l 000 000 B >x ANY AUTO BODILY INJURY (Per person) $ I--ALL OWNED r--SCHEDULED 4128734 11/1/2017 1/1/2018 AUTOS AUTOS BODILY INJURY (Per accident) $ I-->x NON-OWNED rp~?:;~~t~AW.GE ~ HIRED AUTOS AUTOS $ I-- Hired/borrowed $ UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ 5,000,000 I-- C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ s,000,000 OED I I RETENTION $ EBU 088086657 /1/2017 1/1/2018 $ D WORKERS COMPENSATION x I we srATu-I IOJ);i· AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA X E.L. EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? /1/2017 1/1/2018 (Mandatory In NH) WSA5035369 E.L. DISEASE -EA EMPLOYEE $ 1.000.000 If yes, describe under DESCRIPTION OF OPERATIONS 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 Aggreagata 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addition al Remarks Sohedule, lf more spaoe is 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. Insurance shall be primary and non-contributory. Waiver of subrogation shall be applied to the General Liability and Workers Comp. CERTIFICATE HOLDER CANCELLATION 10 nav "~ .. 1 ce of Canrellat;on for Non P-·--nt of Premium. City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELl.EO BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupel1ino CA 95014-3202 AUTHORIZED REPRESENTATIVE Arlene Huerta/ARLENE c,;(;:::2..7--,.__e,,,:-:- © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) INS025 (201005).01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ENl 024 73 7 02 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: O 1/01117 12:01 a.m. Named Insured: Counter Signed By: GRIFFIN PAINTING INC \(,, .. ·," ,. ;,''·· ,,:~··.,,, ... . . ~..1'1'"\t';;..,;\· \...Jc;l< :)::\l SCHEDULE Name of Person or Organization: Any person or organization that the named insured ls obliguted by virtue of a written contract or Agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who ts An Insured is amended to include as an insured the parson or organization shown in the Schedule, but only to tile extent that the person or organization shown in the Schedule is held liable 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. Exclusions This Insurance does not apply to "bodily injury'' or "properly 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 "you(' refer to the Named Insured shown in the Declarations. NX GL 189 0511 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. Prjmarv Wording Wtth 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 rigl1t of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "you work" done under a contract with that person or organization. NX GL 189 0511 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with Its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 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. We 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 othe1wise 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 W AIYER 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 othe1wise 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.e_,..,;-,/~ Countersigned By:-------------------------- -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCJRB's California Workers' Compensation Insurance Forms Manual -1999. 6 Kemper Specialty Financial Indemnity Company POLICY NUMBER: 4128734 Griffin Painting Inc. 01/01/2017 -01/01/2018 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s) or Organlzation(s) The City of Cupertino BUSINESS AUTO COVERAGE Each person or organization indicated above is an "Insured" for Liability Coverage, but only to the extent that person or organiz;ation qualifies as an "Insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA20 48 07 87