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19-020 Griffin Painting, Inc., for Cupertino Teen Center PaintingCITY OF m PUBLIC WORKS CONTRACT $60,000 OR LESS C UPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on _...,I J ..... ;;.,__.j __ )_J ..... 9....__ ____ _ ("Effective Date") by and between the City of Cupertino, a municipal co~poration ("City"), and Griffin Painting Inc. , a Corporation ("Contractor") for Cupertino Teen Center Painting 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on March 31, 2019 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $ 8 800. 00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials , equipment and Public Works Project Cupertino Teen Center Painting Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page l of 11 any incidental costs incurred. 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 manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered , and/or certified to pe1form 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): C33 , 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 perform 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 indemnification 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 docwnentation , 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 Cupertino Teen Center Painting Public Works Contract $60,000 /Rev. Jan. 02, 20 19 Page 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 Cupertino" must be displayed in all pieces of publicity , flyers, press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 20 % 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 performing Work on the Project, if City in its sole discretion determines 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 reports 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 performance. City will have ownership of the reports, but Contractor will be permitted 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 runs, 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 Cupertino Teen Center Painting Public Works Contract $60,000 !Rev. Jan . 02 , 2019 Pa ge 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, and hold harmless City , its City Council, boards and commissions , officers, officials , employees , agents, servants , volunteers and consultants ("Indemnitees"), through 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 arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance 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, property 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 indemnity 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 this Contract, a purchase order or other transaction . 12. INSURANCE Contractor shall comply with the Insurance Requirements , attached and incorporated here as Ex hibit 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, class 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 terminating the Contract. Public Works Project Cupertj no Teen Center Painting Public Wo rks Contract $60,000 /Rev. Jan. 02, 2019 Puge 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the 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 Reform and Control Act 13.2 Labor Laws. (a) Contracts 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 Code Section 1775 , which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification , or type of worker needed to perform 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 .gov/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 the regulations of California, Department oflndustrial 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 penalty of $ 200.00 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 Contract." 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 classification . 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 Contractor1s employees or sub-contractors will not be tolerated. Public Works Project Cupertino Teen Center Painting Public Works Contract $60,000 !Rev. Jan . 02 , 2019 Page 5 of 11 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 Government 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 warrant 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 form 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 terminating 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 performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety 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 prior 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/Performance, 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 information about the worksite made available to Contractor; and Public Works Project Cupertino Teen Center Painting Public Works Contract $60,000 /R ev. Jan. 02, 2019 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 shoring, bracing , sloping and other provisions for worker protection from cav ing 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 storm 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 sta1t of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm 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 be removed 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 off site in lawful manner; ( 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. C lean 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 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 . Public Work s Project Cupertino Teen Center Paintjnq Public Works Contract $60,000 /Rev . Jan . 02, 2019 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ty Bloomquist as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval , Contractor assigns Mark Griffin -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time . Contractor will be compensated for satisfact01y Work performed through the date of abandonment and will be given reasonable time to close out the Work With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work 18.3 Final payment will not be made until Contractor 1 delivers the Work and provides records documenting the Work , products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City 's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104 , incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator 's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal , or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs . Public Work s Project Cupertjno Teen Center Painting Public Works Contract $60,000 !Rev. Jan. 02, 2019 Pa ge 8 of 11 / 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 materials 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 arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRECONTRACT 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 attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY /PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illega l, invalid or unenforceable, the legal portion 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 warranties , indemnities , payment obligations , insurance and bonds , shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Cupertino Teen Center Painting Public Works Contract $60,000 !Rev. Jan. 02, 2019 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions . 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices , requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified , or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Ty Bloomqui st Copy to : carlv@cupertino.org Email : ty b@cupertino.org 30. VALIDITY OF CONTRACT To Contractor: Griffin Painting Inc . Attention: Mark Griffin ------------- Copy to : Email : mark@griffinpainting.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3 .23, (b) is signed by the City Manager or an authorized designee , and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to 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. Public Works Proj ect Cupertino Teen Center Painting Public Works Contract $60 ,000 /Rev. Jan. 02 , 2019 Page 10 of 11 IN WITNESS WHEREOF , the parties have caused this Contract to be ex ecuted as of the Execution Date first above written. CONTRACTOR Griffin Painting Inc. Corporation By .~~¥· Title: Owner //?resict./2 .-/- 7 . Signature Date: ~m,/; q , APPROVED AS TO FORM: CITY OF CUPERTINO, a Municipal Corporation By P L ~Timm'13aetl I Title: Director of Public Works Signature Date: ~ By: 1 ~-_.,,.,,- ROCIO ~r..-F IERRe \.\-~CA \"1.,,.e ( ~ rY\ (I{\ e \ Cupertino City Attorney ATTEST: By: ~w 3-::---r1 GRACE SCH1\1IDT, City Clerk Public Works Project Cupertino Teen Center Painting Public Works Contract $60,000 iR ev. Jan . 02, 2019 Page 11 of l l Proposal Amount Griffin Painting Cupertino Teen Center Painting $ 6,800.00 Description patch, paint -'----'-'------------------- Account# Proposal Amount Description Account# Proposal Amount Description Account# Unforeseeables/Extras SUBTOTAL Contingency CONTRACT TOTAL $ $ $ PW Project Manager Ty Bloomquist 6,800.00 2,000.00 8,800.00 Carl Valdez -Superintendent Date Proposal EXHIBI T 11 A11 Griffin Painting Inc. 3580 Haven Ave. #2 Redwood City, CA 94063 CA Lie# 599026 (650) 368-3190 Fax (650) 368-3192 CLIENT: COCU City Of Cupertino 10300 Torre Ave. Cupertino , CA 95014-3202 PROPOSAL: 003553 Cupertino Teen Center PROJECT: 023516 Cupertino Teen Center DATE: 01/10/19 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 Patch walls as needed . Paint walls with 2 coats of finish . (Color Cottage White) Blue walls might take 3 coats. Prepare and enamel door and window frames . Signed: __________________ _ Dated: --------- Title: TOTAL BID: $6 ,800 .00 'PUBLIC WORKS CONSTRUCTION CONTRACTS 'Small Projects -$60,000 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 property which may arise from or in connection with the performance 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: l. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL .on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence 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 "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 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 forth 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. 2. Automobile Liability: ISO Form 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 injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. D N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate . .,&l NIA if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ~ NIA if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. g' NIA if box checked (Project does not involve environmental 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 insuranc e 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: 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 performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 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 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part 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 certificate 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 certified 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 Construction 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 occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equ ipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site.· insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 2 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. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue 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, certified 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 form 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 Performance Bonds shall be in a sum equal to the Contract Price . If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty 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. Insurance Requirements for Construction Contracts -$60,000 Version : Jan. 2019 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD/YYYY ) ~ 1/7/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and cond iti ons of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to t he certificate holder in lieu of such endorsement(s). PRODUCER ~2~~~CT Arlene Huerta Insurance Management Corporation P.~~NE_ "•"· (925) 673-2200 I FAX IA/C No l : (925 ) 673 -2212 P.O . Box 1217 ~DMDA~~""' ar lene@ imcinsurance . com License# OC54731 INSURER(Sl AFFORDI NG COVERAGE NAIC # Clayton CA 94517 I NSURER A :James Ri ver Insurance Companv INSURED I NSURER B :Financial Indemnitv Comnanv Griffin Painting, Inc. INSURER c :Tokio Mar i ne Specialty Insurance Compan', 3580 Haven Ave I NSURER D :Insurance Company of the West Suite #2 INSURER E :Arch Specialtv Ins Co Redwood City CA 94063 I NSURER F : COVERAGES CERTIFICATE NUMBER:CL141202323 REVISION NUMBER: THI S IS T O CERTI FY TH AT THE POLI CIES OF IN SURANC E LI STED BELOW HAVE BEEN ISSU ED TO THE INSURED NA MED A BOVE FO R THE PO LI CY PERIOD INDI CATED . NOTWI TH STAND ING A NY RE QUIRE MENT , TER M O R CO NDITI ON OF A NY CO NTRAC T OR OTHER DOC UMENT WI TH RES PE CT T O WHI C H THI S C ERTIFI CA TE MAY BE ISSUED OR MAY PERTA IN , THE IN SURAN CE AFF ORDED BY THE POLI CIES DE SC RIBED HEREIN IS SUB JECT TO A LL THE TERM S, EXC LU SIONS A ND CO NDITI ONS OF SU CH POLI CIE S. LI MIT S SHOW N MAY HAVE BE EN REDU CED BY PAID C LAIMS. INSR TYPE OF INSURANCE ADDL SUBR c~~MEiv ~~> ,~2rl%Yv~Vv1 LIMITS LTR I""'" WVD POLICY NUMBER GENERAL LIABILITY EACH OCCURR ENCE $ V 1 ,ooo,ooo -DAMAGE , u RENTED X COMMERC IA L GENERAL LI AB ILITY PREM ISES IEa occurrence\ $ 100 ,000 -~ CLAIMS-MADE Ci] OCCUR X X 00 00 0 0 3 2 0 v 1 /1 /2 019 1 /1 /202 0 \I A MED EXP (Any one pe rson) $ 5 000 - PERSO NA L & A DV IN JURY $ 1,000,000 - GENERAL AGGREGATE $ V 2,000,000 - GEN'L AGGR EGATE LIM IT APP LI ES PER: PROD UCTS -COMP/OP AGG $ 2,000,000 -i POLI CY rxi ~t/?;: n LOC $ AU TOMOBILE LIABILITY COMBINED SINGLE LIMI T v 1 000 000 IEa accident\ $ - X ANY AUTO BO DILY IN JURY (Per person) $ B -ALL OWNED -SC HEDU LED 4 1 28 734 02 / 1 /1/2 01 9 1 /1 /2 0 20 !' X X BO DI LY INJURY (Per accident) $ -AU T OS -AUTOS X X NON-OWN ED PROP ERTY DAMAGE $ -HIRED AUTOS -AUTOS (Per accident\ Hired/borrowed $ ,,,,,.------....., " UMBRELLA LIAB H OCCUR EAC H OCCURRE NCE / V s ,000,000 - C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 OED I I RE TENTION$ PUB 6 60007 1 /1 /2019 1 /1 /2 02 0.J ~ D WORKERS COMPENSATIO N x I /;i,gJTtT1¥s I I OTH-'-~ FR AND EMPLOYERS" LIABILIT Y Y /N $ .,/ 1 ANY PROPR IETOR/PARTNER/EXECUT IVE D N/A E.L. EACH ACCI DEN T 000 000 OFF ICER/MEMBER EXCLUOED? 1 /1 /2 019 1 /1 /2 0 20 \/ (Mand atory in NH) X wSA50353 69 -02 E.L. DISEASE -EA EM PLOYEE $ 1 000,000 If yes , describe under DESCR IPT ION OF OPE RATIONS below E.L. D ISEASE -PO LI CY LI M IT $ 1 000,000 E Contractors Pollution Each Claim 1,000,000 Liability 12C PL 11872 00 5/11/2018 5/11/2019 V Po licy Aggreagate 2 ,000 ,000 DES C RIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Atta c h ACORD 101 , Addit io nal Rem arks Sc h edule, if m o r e s pa ce is r equired ) The City of Cupertino , including its City Council, boards and commissions , officers, officials, agen t s, consultants and volunteers shall be named as additional i nsured with respects to the General Liability and Auto Liability for All CA Operations. Waiver of subrogation shall be applied to the General Liability, Auto Liability and Workers Comp. Insurance shall be primary and non-contri butory CERTIFICATE HOLDER City of Cupertino 10300 Torre Ave. Cupertino , CA 95014-3202 ACORD 25 (20 10/05) INS025 (201oos ).01 CANCELLATION 10 D N t · av o i ce o f C ance 11 t· f a 10n or Non Pavment of Pr emi um. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE /1 ' ftcc: (12.,•.--'j-.,._,, C'. Arlene Huerta © 1988-2010 ACORD CORPORATION . All rights reserved. The ACORD name and logo are registered marks of ACORD ~ ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY · ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insu red Person(s) Or Organization(s): The City of Cupertino, including its City Council , boards and commissions, officers, officials, agents, consultants and volunteers If no entry appears abo ve , this endorsement applies to all Additional Insureds covered under this policy. Any co verage provided to an Additional Insured under this policy shall be ex cess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis . ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP503 1 US 04-10 Page 1 of 1 Kemper Specialty Financial Indemnity Company POLICY NUMBE . 21-12873402 BUSINESS AUTOMOBILE LIABILITY Griffin Paint Inc. 01/01/2019 -0 2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s) or Organization(s) The City of Cupertino, including its City Council, boards and commissions, officers, officials, agents, consultants and volunteers BUSINESS AUTO COVERAGE Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA20 48 07 87 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 SEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): tions The City of Cupertino, including its City Council, boards and commissions, officers, officials, agents, consultants and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations . CG 20 37 07 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule , but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". © ISO Properties, Inc., 2004 Page 1 of 1 D POLICY NUMBE COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 F TRANSFER OF RIGHTS OF RECOVERY AGAINST OT HERS TO US This endorsement modifies insurance provided unde r the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The City of Cupertino, including its City Council , boards and commissions, officers, officials, agents, consultants and volunteers Information required to complete th is 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 organ ization 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 w ith 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 Cl I IJJCI Uf.JC\....IClllY nancial Indemnity Company OLICY NUMBER:41287340 2 riffin Painting Inc. 1/01/2019 -01/01/2020 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The following is added to SECTION Ill -· PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: 6. If, because of damage, destruction or theft of a covered "auto", which is a long-term leased "auto", the lease agreement between you and the lessor is terminated, "we" will pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto" which you are required to pay: less any fees to dispose of the auto ; any overdue payments; financial penalties imposed under a lease for excessive use , abnormal wear and tear or high mileage; security deposits not refunded by the lessor ; cost for extended warranties , Credit Life Insurance, Health, Accident or Disab ility Insurance purchased with the loan ; and carry over balances from previous leases. This coverage applies only to the initial lease for the covered "auto" which has not previously been leased. This coverage is excess over all other collectible insurance . SECTION IV -BUSINESS AUTO CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV - BUSINESS AUTO CONDITION, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss: d. Knowledge of any "accident", claim, "su it" or "loss" will be deemed knowledge by you when notice of such "accident", claim, "suit" or "loss" has been received by: (1) You , if you are an individual; (2) Any partner or insurance manager if you are a partnership; or (3) An executive office or insurance manager if you are a corporation . ---.l 17 . BLANKET WAIVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Fo rm has rights to recover damages from another, which have not been waived through the execution of an "insured contract", written agreement, or permit, prior to the "accident" or "loss" giving rise to the payment , those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident" or "loss" to impair them. 18 . UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form . However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. SECTION V -DEFINITIONS 19. MENTAL ANGUISH Paragraph C. "Bodily Injury", SECTION V- DEFINITIONS is replaced by the following: C. "Bodily Inju ry" means bodily injury, sickness or decease sustained by a person including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc . with permission . Copyright , Insurance Services Office, Inc., 1996 (__ WORKERS COMPENSATION AND EMPLOYERS LIABlLITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organi zation named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration . SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS W AIYER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/01/2019 Insured : Griffin Painting, Inc. Policy No . WSA5035369-02 Insurance Company: ICW GROUP Insurance Company Premium$ INCL. .-) ~-._,y._e-c-: Countersigned By:--------------------------- -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. 6