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18-212 Wall Covering Designs, Senior Center Repairs - Acoustical Panel Replacement
CITY OF a PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES Thi s publi c works contract ("Contract") is made and entered into on @ c.Jn-be,.Y / ·µrt } ("Effec tiv e D a te ") by and betwee n the City of Cupertino , a munic ip a l corporation ("City"), and Wall Covering Designs , a Corporation ("Contractor") for Se nior Center Repairs -Acoustical Panel R e placement. 2. SCOPE OF WORK Co ntractor will perform and provide all la bor, m at eri als , equipment, supplies, transportation and any other items or work necessary to perfonn and complete the work required for the Project ("Work"), as req uire cl in th e Scope of Work, attached h e re and incorporate d as Exhibit A , and in accordance with the tenns and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on th e E ffec ti ve Date and ends on January 31, 2 019 ("Contrac t Time") unl ess termina te d earli er as pro vided h erein. Contractor 's Work shall b egin on th e d a te shown on a written Notice to Proceed ("NTP") a nd must be fully completed within the C ontract Time or on the date spec ifi cally pro v id ed in th e Noti ce to Proceed . The C it y Engineer will not i ss u e a NTP until th e Co ntrac t is fully executed by both parti es and C ity has received satisfactory proof of in surance a nd any performance and p ayment bonds that m ay be required. 3.2 Time is of the essence for Contractor's perfonnance and completion of the Work. Contra c tor must have suffici ent tim e , r eso urces , and qu a lifi ed staff t o deliver th e work on time . 3.3 Liquidated damages of$ 500 will be charged for each day of unexcused delay , or C ity may deduct the amount from Contractor 's payments. Liquidated damages are based on rea so nably fore seeable consequences of delay and may includ e intangible lo sses which the Parties agree may be difficult to ascertain, such as loss of public confidence in C ity and its contractors, interference or lo ss of us e of public facilities, and extend ed di s ruption to the public . 4. COMPENSATION 4.1 Maximum Compensation. City will pay C ontrac tor for satisfactory pe rfo1111ance of the Work an amount that will ba sed on actual costs but that will be capped so as not to exceed$ 22,875 ("Contract Price"), for all of Contractor's direct and indirect costs, including all l abor, material s, supplies , equipment, taxes , insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor mus t submit an in v oice on the first day of each month, describing th e Work pe rfonned during the preceding month , it emi z ing labor, materials , equipment and Public Works Project Senior Center Repairs -A constical Panel Replacement Public Work s Contract $45 ,000/Rev. May 22, 2018 Page I of 11 any incidental costs incmTed. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits . 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional maimer and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor wa1nnts on behalf of itself and its subcontractors that they are properly licensed , registered , and/or ce1tified to perfonn the Work as required by law , and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): B or C-61/029 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perfonn the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indenu1ification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation , including but not limited to plans/drawings , detailed cost estimates , and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein , directly or indirectly , by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval , which shall not be unreasonably withheld . Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs , successors and permitted assigns Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45,000 /Rev. May 22, 2018 Pa ge 2 of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupe1iino" must be displayed in all pieces of publicity , flyers , press releases , posters , brochures, interviews, public service announcements and newspaper aiiicles. No signs may be posted or displayed on or about City prope1iy , except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perfonn all the Work with its own forces , except that Contractor may hire qualified subcontractors to perfonn up to 10 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from perfonning Work on the Project, if City in its sole discretion detennines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily repotis of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed , the number of workers , the hours , the equipment, the weather conditions, and any circumstances affecting perfonnance. City will have ownership of the reports , but Contractor will be pem1itted to retain copies . 10.2 If applicable , Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work , including mechanical , electrical and plumbing work; HV AC systems; utilities and utility connections ; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main nms , piping, conduit, ductwork , and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work; in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45 ,000 /Rev . May 22, 2018 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel , Contractor shall indemnify, defend , a nd hold hannless City , its City Council , boards and commissions, officers, officials , employees , agents , servants, volunteers and consultants ("Indemnitees"), tlu·ough legal counsel acceptable to City , from and against any and all liability , damages , claims , stop notices , actions , causes of action , demands, charges, losses and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature ari sing directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract , obligations, represent a tions or warranties ; (b) Perfonnance or nonperfonnance of the Work or of any obligations under the Contract by Contractor, its employees , agents , servants, subcontractors or subcontractors ; ( c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site ; and (d) Personal injury , prope1iy damage , or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors . 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request , Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price , Workers' Compensation or other employee benefits , or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indenmity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of thi s Contract, a purchase order or other transaction . 12. INSURANCE Contractor shall comply with the Insurance Requirements , attached and incorporated here as Exhibit B . Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount , cl ass of operations covered , and the effective and expiration dates of coverage . Failure to comply with this provision may result in City , at its sole discretion and without notice , purchasing insurance at Contractor 's expense, deducting the costs from Contractor's compensation, or tenninating the Contract. Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45,000 /Rev. May 22, 2018 Page 4 o f 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Co ntractor will promptly notify City of changes in th e law or other conditions that may affect the Project or Contractor's ability to perform . Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Refonn and Control Act 13.2 Labor Laws. (a) Co ntracts of $1,000 or more are subject to the requirements of the California Labor Code , including but not limited to: (i) Prevailing wage laws under Labor Co de Section 1775 , which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification , or type of worker needed to perfonn the Work, including health , pension and vacation . The prevailing wage rates are on file with the City Engineer's office and are available online at http ://www.dir.ca.go v/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more ; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by th e regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a pe nalt y of $ 25.00 per worker for each day of violation . (c) As required by Labor Code Section 1861 , by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 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 Co ntract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed , color, ancestry, national origin , ethnicity , handicap , disability , marital status , pregnancy , age , sex , gender, sexual orientation, gender identity , Acquired-Immune Deficiency Syndrome (AIDS) or any other protected class ification . Contractor shall comply with all anti-discrimination laws , including Government Code Sections 12900 and 11135, and Labor Code Sections 1735 , 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination , Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated . Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45 ,000 /Rev . May 22, 2018 Pag e 5 of I I 13.4 Conflicts of Interest. Contractor, its employees , subcontractors, servants and agents , may not have , maintain or acquire a conflict of interest in relation to this Contract in violation of law , including Govenm1ent Code section 1090 and Government Code section 81000 and their accompanying regulations . No officer, official , employee, consultant, or other agent of the City ("City Representative") may have, maintain , or acquire a "financial interest" in the Contract, as that term is defined by state law , or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees , subcontractors , servants and agents wmnnt they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest fonn if it makes certain governmental decisions or serves in a staff capacity , as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or tenninating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification . 14. BONDS For contracts of $25 ,000 or more, Contractor must obtain a payment bond and a perfonnance bond, each in the penal sum of l 00% of the Contract P1ice , using the Bond Fonns attached and incorporated here as Exhibit C. Each bond must be issued by a st1rety admitted in California , with a financial rating from A .M. Best Company of Class A-or higher, or as otherwise acceptable to City. 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 do so, City may in its sole discretion and without ptior notice , purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted . 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits , City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing , and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Perfonnance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I , Class II , or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by infonnation about the worksite made available to Contractor; and Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45,000 /Rev . May 22, 2018 Page 6 of 11 ( c) 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. 15.3 For contracts $25 ,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval , per Labor Code Section 6705 prior to commencing work. The plan must show the design of sho1ing, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders . If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal , state and local laws and regulations concerning stonn water 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. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of stonn drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must b e removed at the encl of construction and completion of the Work. Such controls must include , but will not be limited to , the following requirements: (a) Install stonn drain inlet protection devices sL1ch 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 tlu·ough June 15 , stonn 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 off site in lawful maimer; (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. 16.2 These requirements must 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 stonnwater 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 . Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45,000 /Rev. May 22, 2018 Pa ge 7 of 11 17. PROJECT COORDINATION Cit y Project Manager. C it y ass ig ns A lex Acenas, Public Works Project Manager as th e Ci ty re pr ese ntat ive for all purposes un de r this Co ntra c t, w ith auth o rit y to req uir e compl iance with th e Scope of Wo rk. C it y may sub stitute Pro j ec t Ma nagers at any tim e and without pri o r no tice to Co ntract o r. Contractor Project Manager . S ubj ect to C it y approva l, Co ntra cto r assigns Bra nt Nor lander ___________________ as its si ng le re pr ese ntati ve for all purposes und e r this Contract , w ith th e responsibi lity to e ns ur e progress w ith th e Work. Co ntra cto r 's Proj ect Manager is respo ns ibl e for coo rdin atin g a nd sched ulin g th e Work and must reg ul arl y update the C it y Proj ec t Manager about th e stat us and any de lays w ith th e Wo rk , consistent w it h the Scope of Wo rk. Any sub stituti ons mu st be a ppro ved in wr itin g by C it y . 18. ABANDONMENT AND TERMINATION 18.1 C it y may aba nd on or postpone the Project o r parts t he refo r at a ny time. Co ntracto r will be co mp e nsated for sat isfac tory Work pe rfo rm ed throu gh the date of abandonment a nd wi ll be give n reasonable tim e to c lose o ut th e Work. With C it y's pr e-a pprova l in wri t in g, the time s pent in c los in g o ut th e Work will be compensated up to I 0% of th e total t im e ex pend e d in performing the Work. 18.2 C it y may termin ate th e Co ntra ct fo r cause or witho ut ca use at any time. Contrac to r will be paid for sat isfac tory Work re nd ered through th e te rmin at ion date a nd w ill be g ive n reaso nabl e time to c lose out the Work. 18.3 Fina l pa y me nt will no t be ma de until Co ntra ctor delivers th e Work and provides reco rd s documenting th e Work, products a nd deliverables comp leted . Not hin g in the Sec ti o n be low is int end ed to del ay , abr id ge or bar C it y's ri ght und er this Sect io n. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Co ntra ct is gove rn ed by th e laws of State of Ca li fornia . Ven ue fo r a ny lega l act io n sha ll be the Sup eri or Co urt of th e Co unty of Sa nt a C lara , Ca li fo rni a . T he dispute reso luti on procedu res o f Publi c Co ntr ac t Code Sect io n 20 I 04 , in cor porate d here by refe rence , app ly to thi s Co nt ract and Co ntract o r is required to continue th e Work pending reso lu tion of any di sp ut e. Prior to fi lin g a law s ui t, Co ntract or must comp ly with th e c la im filin g requir e ment s of the Ca li fo rn ia Government Co de . lfth e Pa,tie s e lect a rbitration , the arbitrator's awa rd mu st be s upp o rt ed by law a nd subs tant ial ev id ence and includ e detailed writt e n findin gs of law and fact. 20. ATTORNEY FEES If City initiates lega l act io n, fil es a co mpl ai nt or cross -comp la in t , or pur sues arbitration, appeal, o r ot her proceedings to en force it s ri g ht s o r a judgment in con nec ti o n w ith thi s Co ntract , th e pr eva ilin g party wi ll be entitl ed to reasonable attorney fees a nd cost s. Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Co ntra ct $45 ,000/Rev . May 22, 2018 Pagc8of'II 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property , except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision . City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that mate1ials and equipment used will be new, of good quality , and free from defective workmanship and materials , and that the Work will be free from material defects not intrinsic in the design or materials. All Work , materials and equipment should pass to City free of claims , liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period , Contractor will repair or replace any Work defects or materials , including damage that mises from Contractor's Wananty Work , except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents , and statutes attached , referenced , or expressly incorporated herein , including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attaclunent or incorporated provisions conflict or are inconsistent with the tenns of this Contract, the Contract terms will control. 28. SEVERABILITY/PARTIAL INVALIDITY If a cou1i finds any term or provision of this Contract to be illegal , invalid or unenforceable, the legal po1iion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all watTanties , indemnities , payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Contract $45 ,000/Rev . May 22, 2018 Pag e 9 of 11 29. INSE RTED P R OVISIONS Eac h pro vi s io n and c la use requir e d by la w to be in se rt ed in t hi s Co nt rac t w ill be d ee med to be in cluded a nd w ill be infe rr e d here in. E ither pa rt y may requ es t an a mend ment to cur e mi sta ken in se rti o ns or o mi ss io ns o f required p rov is ions. 30. CAPT[ONS Th e ca pti o ns , titl es , and head in gs in thi s Co ntra ct are fo r co nve ni e nce onl y and ma y not be use d in th e co nstru ct io n or in te rpre tat ion of th e Co nt ract o r fo r a ny o th er pu rpose. 3 1. COU NTE RPAR TS T hi s Co nt rac t may be exec ut ed in co unt er part s, ea ch of whi ch is a n o ri g in a l and a ll o f which take n toget her s ha ll fo rm one s in g le doc um e nt. 2 0. NOTI CES All noti ces , requ ests, a nd app rov al s mu st be se nt in writin g to th e perso ns be low and w ill be co ns id ered e ffec ti ve o n th e date o f pe rso nal de li ve ry, th e date co nfirmed by a re put a bl e ove rni ght de li ve ry se rvice , o n th e fi fth cal e ndar cla y after de pos it in th e Unit ed Sta tes Ma il , pos tage pr e paid , reg istered o r ce rt ifi ed , or th e nex t busin ess day foll ow in g e lec troni c s ubmi ss io n: To C ity o f C up e rtin o : 10 30 0 To rr e Ave nu e, C up ertin o CA 95 014 Atte nti o n: Alex Ace nas. PW Projec t Mana ger To Cont ractor: Wa ll Cove rin g Des igns Att entio n: Brant No rl and e r Co py to: _____________ _ Co py to: Ema il : A lexA @c upe rtin o.org Ema il : bran t @ wa ll cv r.co m 3 0 . VALIDI TY OF C O N TRACT T hi s Co nt rac t is va lid a nd e nfo rc ea bl e o nl y if (a) it co mpli es w ith th e purc has in g and co ntra c t prov is io ns of C up ertin o Muni c ip a l Co d e Cha pt ers 3.22 and 3.23 , (b) is s ig ned by th e C it y Ma na ge r o r an a uth o ri ze d d es ignee, and (c ) is a ppr ove d for fo rm by th e C ity Att orn ey 's O ffic e. 32. EXECU T I O N T he pe rso ns sig nin g be low wa rra nt they have t he aut ho ri ty to e nt er in to thi s Co ntract and to leg all y bind th e ir res pect iv e Pa1ti es. If Co nt rac to r is a co rp o rati o n, s ig na tures fr o m two offi ce rs of th e co rp o ra ti o n ar e requir ed pur su ant to Ca li fo rni a Co rp o rati o ns Co de Sec ti o n 3 13 . Public Works Project Senior Center Repairs -Acoustical Panel Replacement Public Works Co ntrac t $4 5,000 /Rev. May 22, 2018 Page IO o f 11 IN WITN ESS WHEREOF, th e part ies hav e caused this Contrac t t o be exec uted as of th e Exec ut ion Date first above written. CONTRACTOR Wall Covering Designs Corno ration By:~~ Brant No rl a nder Title: Estimator Signature Dat e: _I0_/_1_/1_8 ______ _ Cup rtino City Attorney ATTEST: By: ~~ti GRACE SCHMIDT, C it y Clerk CITY OF CUPERTINO, a Municipal Co rporation By ~ T imm Bord e n Title: Director of Public Works Sig natu re Dat e: __ [_&i~(~r_ ... /~r 8'~------ ,v i:d'D ,q1 .o<l ~ 00 .qos S (2.. er 6 ~ 3 . ~ J. o I gu-1 qr 7JtJ 1-- Public Works Projec t Senior Center Repa i rs -Acoustica l Panel Replacem e nt · Pub lic Works Con trac t $45 ,000 /Rev. May 22, 2018 Pag e I I ol' I I Exhibit A rJJWCD WALL COVERING DESIGNS Job# Estimate# Revised : Date : E-18-0686-1 09/24/2018 Prepared by: Brant Norlander Prepared for: Cupertino Senior Center 21251 Stevens Creek Blvd . Cupertino , CA 95014 Attn: Alex Acenas alexa@cupertino .org (408) 777-3232 Project: Cupertino Senior Center 21251 Stevens Creek Blvd . Cupertino , CA 95014 This is to confirm our pricing for the Cupertino Senior Center project as requested . STRETCHED FABRIC SYSTEM Furnish and install the following product(s): ACOUSTIC PANEL -1" inch thick Whisper Walls stretched fabric assembly over 61b density fiberglass Fabric : Koroseal -Pebble 111, Color: Bella 09 -54"w -BID NOTES: • Any wall mounts/fixtures over new fabric panels to be disengaged by owner prior to install. WCD can provide any necessary backing to sit flush with fabric • This project is bid under State Prevailing Wage • If contracted, this proposal will be incorporated into contract documents. • Escalation's for material and labor, may be added if this project goes beyond the schedule set at bid time . Architect: Perkins Eastman Plans: 8/28/18 Addendum(s): Assumption(s): One phase, access to all installation areas Lead Times : Submittals _ weeks , Product _ weeks (pending availability) Schedule: Installation weeks Scheduled Start Date : -------- 1 n st a II at ion Areas: Marked drawings to follow outlining location and quantity(s) included in our scope. EXCLUSIONS: Anything not noted on this estimate is not included . Shop drawings , as built and CAD drawings, pricing available if needed. Any demo , furring , blocking , wall prep , wall repairs , floating walls or priming walls is excluded. page 1 of 2 925 Tanklage Road Unit A, San Carlos CA 94070 Phone : (650) 596-1058 License #712458 Wallcovering * Acoustical Wall Treatments * Wall Protection Systems * Walltalkers Whisper Walls Licensed Dealer * Home Theaters $22 ,875 Signature page 2 of 2 Exhibit A Date 925 Tanklage Road Unit A, San Carlos CA 94070 Phone: (650) 596-1058 License #712458 Total Wallcovering * Acoustical Wall Treatments * Wall Protection Systems * Walltalkers Whisper Walls Licensed Dealer * Home Theaters $22,875 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to prope11y which may arise from or in connection with the perfonnance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: V1. Commercial General Liability (CGL): Insurance Services Office (ISO) Fmm CG 00 01 covering CGL on an I Y' "occu1Tence" basis , written on a comprehensive general liability form, and must include coverage for liability ,0 l 1/ arising from Contractor's or Subcontra c tor 's acts or omissions, including Contractor 's protected coverage, blanket contractua l, products and completed operations , vehicle coverage and employer's non-ownership liability )( coverage, with limits of at least $2,000,000 p er occurrence. Th e CGL policy must protect against any 'and all 'f~ .1~\yVf iability for p ersonal injury, dea th , prope11y damage or destrnction, and personal and advertising injury . If a general 'V ¥J}7 aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 'Y• 25 03 or 25 04) or the general aggregate limit shall be twice the required occmTence limit. a. It shall 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 shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement ; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage under Contractor's policy shall be "p1imary and non-conttibutmy," will not seek contribution from City 's insurance/self-insurance, and shall be at least as broad as ISO CG 20 010413 c . The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance , provided each policy complies with the requirements set fmih in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City 's own insurance or self-insurance shall be called upon to protect City as a named insured. J. Automobile Liability: ISO Fonn CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos , then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injmy and prope11y damage . ~-Workers' Compensation: As required by th e State of California, with Statutory Limits , and Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease , or as othe1wise required by statute. If Contractor is self-insured , Contractor must provide a Ce11ificate of Pennission to Self-Insure, duly authorized by the DIR. D N / A if box checked ( Contractor provides written verification it has no employees). 4. Prof~ssional Liability with limits no less than $1,000,000 per occuITence or claim, and $2,000,000 aggregate. ~ N I A if box checked (Contract is not des ign/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage fo1m , with limit ~ equal to the completed va lue of the project and no coinsurance penalty provisions. ·Et] N I A if box checked (Project does not involve construction or improvements/installations to prop erty). In s uran ce Requirements for Constru ct ion Contracts -$45,000 Version: Nov 2017 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no le~s than $1,000,000 per occmTence or claim, and $2,000,000 policy aggregate. ,!lJ N IA if box checked (Proj ec t do e s not involve e nvironmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials , employees, and volunteers ; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide , or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: V Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services perfmmed by or on behalf of Contractor including mate1ials, pa1ts, or equipment furnished . Endorsement of CGL coverage shall be at least as broad as ISO Fotm CG 20 IO 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33 , or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor 's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 2001 04 13 with respect to City, its officers, officials , employees and volunteers, and shall not seek conttibution from City's insurance. If the limits of insurance are satisfied in pati by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each cettificate of insurance must state that the coverage afforded by the policy 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 ce1iified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Constrnction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occmTence basis, for all-risk coverage on a 100% completed value basis on the insurable pottion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstrnction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder 's Risk. For such projects, the Propetty Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, stmctures, processes , machinery and equipment, and shall provide property damage coverage for any building, strncture, machinery or equipment damaged, impaired, broken, or destroyed during the perfotmance of the Work, including during transit, installation, and testing at the City 's site . Insuran ce R equirements fo r Con s tru cti on Contra cts -$45 ,000 Vers ion: No v 2017 2 Waiver of Subrogation I ;Each required policy must include an endorsement providing that the caITier agrees to waive any right of subrogation ,V it may have against City . Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by vi11ue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers ' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors . Acceptability of Insurers Insurance must be issued by insurers 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. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements , or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, cet1ified copies of all required insurance policies , including endorsements , required by these specifications , at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors . For CGL coverage subcontractors shall provide coverage with a fmm at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Perfo1mance Bonds shall be in a sum equal to the Contract Price . If the Performance Bond provides for a one-year wananty a separate Maintenance Bond is not necessary. If the wairnnty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California . Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience , insurer , coverage, or other circumstances . In s uran ce R equirem ents for Con s tru ction Contracts -$45 ,000 Vers ion : No v 201 7 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/3/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~1~CT Melissa Tauber Vantreo Insurance Brokerage ;,m?NJo Ext\· 707-546-2300 I FAX 100 Stony Point Rd, Suite 160 !A/C No\: 707-546-2915 Santa Rosa CA 95401 t~oA~~ss: certs(@vantreo.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Hou·ston Soecialtv In surance Comoanv 12936 INSURED WA LLDE S-02 INSURER B : Security National Insurance Company 19879 Wallcovering Designs, Inc. INSURER c : Tooa In surance Comoanv 18031 925 Tanklage Rd Ste #A San Carlos CA 94070 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1525390032 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING 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 , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI MS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE l 11J<:D WVD POLICY NUMBER !MM/DD/YYYY\ (MM/DD/YYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY y y TEN22078 v 1011/2018 10/112019 ·,r EACH OCCURRENCE $1,000,000 / >--=:J CLA IMS-MADE 0 OCC UR DAMAGE TO RENTED PREMI SES (Ea occu rr ence\ $100,000 MED EXP (Any one person) $5,000 ~ PERSONAL & ADV INJUR Y $1,000 ,000 ~ GEN'L AGGR EGATE LIM IT AP PLIE S PER: GENE RA L AGGREGATE $2,000,000 v Fl 0PRO-DLOC PR ODUC TS -COMP/O P AGG $2 ,000 ,000 ~ POLICY JECT OTHE R: Pollution Liability $ incl uded \ B AUTOMOBILE LIABILITY SPP1539013 00 11112018 11112019 V pg~~~~d~~tflNGLE LIMIT $1 ,000 ,000 - X ANY AUT O BO DILY IN JU RY (Per person) $ -OWN ED ~ SC HED UL ED BO DILY INJU RY (Pe r accident) $ -AUTOS ON LY -AUTOS X HIRED X NON-OWN ED PROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ON LY /Pe r accident\ $ .,......---..... I C UMBRELLA LIAB M OCCUR XL0020112301 10/112018 101112019 v EACH OCCU RREN CE Iii 5,000 ,000 ~ I -y X EXCESS LIAB CLAIMS-MA DE AGGR EGAT E $5,000 ,000 OED I I RETENTION $ ·-·-1\----.--/ WORKERS COMPENSATION I PER I I OTH - AND EMPLOYERS' LIABILITY vv or )<.{)' s STATU TE ER YIN ANYPROPR IET OR/PARTNER/EXECU TI VE D N/A E.L. EAC H ACC IDENT $ OFFIC ER/M EMBER EXCLUD ED ? (Mandatory In NH) (Qt',~p E.L. DI SEAS E -EA EMPL OYE E $ If yes, describe und er E.L. DISEAS E -POLICY LIMIT $ DESCRIPTION OF OPER AT IONS below II .-~ I DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (A( \tached if more space is required) RE : Cupertino Senior Center The City of Cupertino, its City Council , officers , officials , employees , agents , servants and volunteers are included as additional insured in regards to general liability per the attached form , which includes primary wo rding and waiver of subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . The City of Cupertino 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ~WMO.-f~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Pol~r;;;~278 Po li cy Number"T.EN20088 '-----·-·· COMMERCIAL GENERAL LIABILITY CG 20 37 0704 THIS ENDORSEMENT CHANGES T HE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS Th is endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Only those parties required to be named as an ALL Additional Insured in a written contract with the Named Insured under this policy, entered into prior to loss or "occurrence". Information required to complete this Schedule, if not shown above , will be shown in the Declarations . Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury" or "property dam- age" caused , in whole or in part, by "your work" at the location designated and des cribed in the sched- ule of this endorsement performed for that add itional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties , Inc ., 2004 Page 1 of 1 D Pol# ~~7-~ Policy Numb r: TEN20088 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 't'E .. II Z.207 B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s): Location(s) Of Covered Operations Only those parties required to be named as an Addi-ALL tional Insured in a written contract with the Named Insured under this policy, entered into prior to loss or "occurrence". Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part , by : 1. Your acts or omissions ; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to . these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after : 1. All work, including materials , parts or equip- ment furnished in connection with such work, on the project (other than service , maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 0704 © ISO Properties , Inc ., 2004 Page 1 of 1 CJ Pol# TEN22078 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS O F RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Only such Person or Organization where required in a written contract with the Named Insured under this policy , entered into pr ior to the loss or "occurrence ". Information required to complete this Schedule, if not shown above , will be shown in the Declarations . The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver """"' applies only to the person or organization shown in the Schedule above . CG 24 04 05 09 © Insurance Services Office , Inc., 2008 Page 1 of 1 D Pol#. TEN22:, COMMERCIAL GENERAL LIABILITY \__ __ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEN0215 01 14 PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Other Insurance: d. Notwithstanding the provisions of sub-paragraphs a , b, and c of this paragraph 4, with respect to the Third Party as defined below , it is understood and agreed that in the event of a claim or "suit" caused in whole or in part by the Named lnsured's negligence , this insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non -contributory. The Third Party to whom this endorsement applies is : Absence of a specifically named Third Party above means this endorsement applies only to those third parties required to be named as an Additional Insured as Primary and Non-Contributory coverage specified in a written contract with the Named Insured under this policy, entered into prior to the "loss" or "occurrence". All other terms , conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged . TEN0215 0114 Includes copyright material of Insurance Services Office , Inc . Page 1 of 1 WALLDES-01 LAUREN ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/01/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Goodman Insurance Services, Inc. r.tg~Jo, Ext): (949) 769-3100 I [ffc , No):(949) 769-3930 101 Pacifica, Suite 150 E-MAIL Irvine, CA 92618 ADDRESS: INSURERCSl AFFORDING COVERAGE NAIC# INSURER A : Falls Lake Fire and Casualty Company 15884 INSURED INSURER B : Wallcovering Designs, Inc . INSURER C : 925 Tanklage Road Unit A INSURER D : San Carlos, CA 94070 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 POLI CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCL USIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~;~ TYPE OF INSURANCE ~.?.P} ~\~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS IMMIDD/YYYYl IMMtnD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence\ $ MED EXP /Anv one oe rsonl $ - PERSONAL & ADV INJURY $ - R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ D PRO-D POLICY JECT LOC PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SING LE LIMIT /Ea accident\ $ ANY AU TO BODILY INJURY /Per oersonl $ ,__ OWNED ~ SCHEDULED f---AUTOS ONLY f---AUTOS BODILY INJURY {Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE ~ AUTOS ON LY f---AUTOS ONLY {Per accident\ $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ A WORKERS COMPENSATION X I ~ffTuTE I I OTH- AND EMPLOYERS ' LIABILITY ER YIN X FLA003443-01 v 01/01/2018 01 /01 /201 !f, 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EACH ACCIDENT $ OFFI CER/MEMBER EXCLUDED? N/A 1 ,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ v If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Workers' Comp waiver of subrogation applies to certificate holder(s) per the attached when required by written contract, for the following project: Job: Cupertino Senior Center Certificate holders continued: The City of Cupertino, its City Council, officers , officials, employees, agents, servants and volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I f .,J--?. .!tf'-- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (ed . 4-84) 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 ~% of the California workers' compensation premium otherwise due on such remuneration . Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work . 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 t ·s-1ffiaofs-e . ent is issued subsequent to preparation of the policy.) Endorsement Effective Date: 1/1/2018 Endorsement No. Insured: Wallcovering Designs , Inc . Countersigned by ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.