Loading...
19-056 Drake Welding, Inc., DeAnza Blvd. Median Arbor ModificationsCITY OF II PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1.PARTIES This public works contract ("Contract") is made and entered into on March 6, 2019 ("Effective Date") by and between the City of Cupe1iino, a municipal corporation ("City"), and Drake Welding, Inc. , a Corporation ("Contractor") for DeAnza Blvd. Median Arbor Modifications 2.SCOPE OF WORK Contractor will perfonn and provide all labor, materials, equipment, supplies, transportation and any other items or work necessa1y to perfom1 and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3.TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2019 ("Contract Time") unless temunated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract -----,Time or on theaate specifically prov1aea m the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both patiies and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's perf01mance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 0 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 asce1iain, 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 satisfact01y perf01mance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $17,000.00 ("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 subnut an invoice on the first day of each month, describing the Work perfonned during the preceding month, itemizing labor, materials, equipment and Public Works Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 !Rev. Jan. 02, 2019 Page I 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 wan-ants 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 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): C51 -Steel, Structural and C60 -Welding , 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 te1ms 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 ·equired�to-p�erform the-Wnrk 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 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 othe1wise, 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 pennitted assigns Public Works Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 !Rev. Jan. 02, 2019 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 aiticles. No signs may be posted or displayed on or about City prope1ty, 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 perfonn up to 50 % 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 detennines that subcontractor's Work falls sh011 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 perf01m the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice ofCompletion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10.RECORDS AND DAI-LY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The rep011s must describe the Work and specific tasks perfonned, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting perfo1mance. City will have ownership of the rep011s, but Contractor will be pe1mitted 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 dete1mines 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 rnns, 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 DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 !Rev.Jan. 02, 2019 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, and hold hannless 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 wananties; (b)Performance 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, property damage, or economic loss resulting from the work or perfo1mance 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 clain1, 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 1ight 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 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, 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 tenninating the Contract. Public Works Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 4 of l l _J 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 perfo1111. Contractor is responsible for verifying the employment status of employees perfo1111ing the Work, as required by the Immigration Refo1111 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 ce1tified 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 of Industrial Relations ("DIR"); -� (iv)Comply with DIR-Monitoring, Enforcement ancl Registration requiremenfsof 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 $ 25.00 per worker for each day of violation. ( c)As required by Labor Code Section 1861, by signing this Contract Contractor ce1tifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to unde1take 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 discrirninatioq 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 DeAnza Blvd. Median Arbor Modifications 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 te1m 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 ce1tain 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 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, C1ty may m its sole discretion and without prior notice, purcfiase oonas at Contractor's expense, deduct the cost from payments due Contractor, or tenninate 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 Ale1t ("USA") 811 hotline and request marking of utility locations before digging or conunencing Work. For underground service ale1ts 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 diffe1ing from those indicated by info1mation about the worksite made available to Contractor; and Public Works Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 6 of l l (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 caving ground and other hazards. The protective system must comply with all Constrnction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or strnctural 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 sto1m drains. Prior to the start 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 constrnction and completion of the Work. Such controls must include, but will not be linlited to, the following requirements: (a)Install storm drain inlet protection devices such as sand bag batTiers, filter fabric fences, and olocR ana gravel filters at all arain inlets impacteaoy constrnction.Tiuring the annual rainy season, October 15 through 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 slmTy and remove from the Work site; (b)Cover exposed piles of soil or constrnction material with plastic sheeting. Store all constrnction materials in containers; ( c)Sweep and remove all materials from paved surfaces that drain to streets, gutters and stmm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; ( d)After breaking old pavement, remove debris to avoid contact with rainfall/rnnoff; ( 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 Califonlia Stmmwater Quality Association and California Best Management Practices Municipal and Constrnction Handbooks, local program guidance materials from municipalities, and any other applicable documents on st01mwater quality controls for constrnction. 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 DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 7 of 11 17.PROJECT COORDINATION City Project Manager. City assigns John Raaymakers as the City representative for all pmposes 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 Don Mice li ___________________ 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 pa1ts therefor at any time. Contractor will be compensated for satisfacto1y Work perfo1med 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 perfonning the Work. 18.2 City may te1minate the Contract for cause or without cause at any time. Contractor will be paid for satisfactmy Work rendered through the tennination date and will be given reasonable time to close out the Work. 8.3 Final payment will not be maae until Contractor delivers tlieWork 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 Comt 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 clain1 filing requirements of the California Government Code. If the Paities elect arbih·ation, the arbitrator's award must be suppmted 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 paity will be entitled to reasonable attorney fees and costs. Public Works Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 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 patty 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 wmrnnts 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 wairnnts the Work and materials for one year from the date of City's acceptance of the Work as complete ("Wananty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Wananty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Watrnnty 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 attachment or incorporated provisions conflict or are inconsistent with the tenns of this Contract, the Contract te1ms will control. 28.SEVERABILITY IP ARTIAL INVALIDITY If a coutt finds any tetm or provision of this Contract to be illegal, invalid or unenforceable, the legal pottion 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 wmrnnties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project DeAnza Blvd. Median Arbor Modifications 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 infeITed herein. Either party may request an amendment to cure mistaken inse11ions 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 counterpat1s, each of which is an original and all of which taken together shall fo1m 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 ce11ified, or the next business day following electronic submission: To City of Cupertino: 10300 ToITe Avenue, Cupet1ino CA 95014 Attention: John Raaymakers Copy to: Michael Zimmerman Email: johnr@cupet1ino.org 30.VALIDITY OF CONTRACT To Contractor: Drake Welding, Inc. Attention: Don Miceli--------------Copy to: Email: Don@drakewelding.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupe11ino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for fonn by the City Attorney's Office. 32.EXECUTION The persons signing below waITant they have the authotity 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 Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Drake Welding, Inc. Corooration By:_b_-_fY\_· _-_-___ _ Don Miceli Title: Drake Welding, General Manager Signature Date: ----'-"""3'-"-/,__,_{ =d'-'l'---'f_q_.__ __ APPROVED AS TO FORM: By: HEATHER M. MIN NER Cupertino City Attorney ATTEST: CITY OF CUPERTINO, �YMuni;;z_ f(J f.' Roger Lee Title: Acting Director of Public Works Signature Date: __ 3__,_/_z_o�/_1_�.,___ ____ _ By: Gv&..cSJl'd i{ -f fr(J GRACE SCHMIDT, City Clerk Public Works Project DeAnza Blvd. Median Arbor Modifications Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 11 of 11 DATE: TO: AT TN: RE: 01/21/19 DRAKE WELDING, INC. Certified -Portable Welding -Steel & Alloy Fabricators Structural Steel & Erection 834 Camden Avenue Campbell, CA 95008 Lie. #578727 -marley@drakewelding.com (408)378-3277 -(408) 378-9273 fax CI TY OF CUPERTINO John Raaymakers DeAnza Blvd. Support Columns EXHIBIT A We are pleased to submit this proposal for the items listed and with regards to the project referenced above and information provided by customer. FURNISH AS FOLLOWS: Two men & equipment to add 1/4" stiffner plates at columns on both sides of web as per details provided. Trellis #1 -To receive 16 Stiffner plates only. Trellis #-'2--To receive 16 Stiffne1:_plates & splice plate where-the two beams come�tegether in at center trellis. Please note: Stiffners (supplied by Drake Welding) to be 1/4" Plate Grd-50 with 1/4" fillet weld all around. Drake Welding to sand off 4" strip of powder coat@ each location of stiffner *(some bubbling of the powder coat may occur) *Finish sanding/ priming/ painting to be done by others. All road closure and traffic diversions done by others. Customer to supply truck with flashing lights at rear of work area. Work to be done M/F 7:00 a.m. -3:30 p.m. Quoted at prevailing wage rate @ 3 days max. Safety classes (if required) to be added to quoted total. Retenton not pennitted on this project. TOTAL PRICE ....................................................................................... $ 15,323.00 Lump Sum, furnished as stated, applicable sales tax included. Thank You, We appreciate the oppottunity to quote your project. Don Miceli, General Manager DRAKE WELDING, INC EXHIBIT A DRAKE WELDING, INC. Standard Qualifications: 1. Drake Weldiog is not responsible for design errors/omissions in plans/specifications. � ";% D1c1.: •o t!:i� "01.l,;lp 1rt•1rp nf'the S•epl M�terials !l·forht wi•l:i .reg�rd� to pric;ng and ,1,..,i1�1�q;'.,, Prir.;l;l ;s sulaj2ct ,f sl=!aRge at tiI13.ll ofas�Gi;ita:w� .l.i� to p"iG;ng ;i.n-�as;; gf;:naterials 0:-El.no ta sizes HSI !.@in£ a··ailal3!@. � � L-: prseess p:-egress i,a:,=maAt of 90%, of '.ho easts e: !\I.be:-, !ila:eriab aFJEl e!eteil:ng, 2:;132aE12d & eiYee tltrett"'h the ;,,nd efthe moR-th, are due 35 El.a;·s from silli::g Gate. ProgressiYe paya1ents a:-e Feep:1ireEl. far i;:a�erials & ee:Eplete ')l;'@rl, stored at ouq>lar.i •er .b@H@fit sfprojeet. (}fn �-�tentisn wi�I bG b;pe.1 a1-1c-l iu-:oi�e set 'Vith F.ot:ce ofcs1npletie&4or OH, srnp� of·"sr!:. Pa,tJ:i:t@11t ls Ebe 30 days fi·effi hive i ee Elate. � -;Jt €em�ral coatractsrts µro•riae 220v; 5G e1EH;,,; of power. 6.General contractor to prov.ide clean and clear access for all phases for our work, workers and equipment. 7.Work to be performed during normal daytime hoLu-s. No allowance for overtime premiums have been included. (unless noted otherwise). 0YI" )( Lines aeei grades te l:le prn,·ltlcd by General (;g!'l�r:llctgr 9.Drake Welding bases this quotation on recent version of the AISC code of standard practice -Slee.I building and bri��S. . . . . . CL.,. ""1-Gl"n1�c·e .. e·-•anc-···111 Le 9,,� Eeat 9£ ct"C""-.l 1·e-' 9P'18 ,w=e·· TT/'\ "'l lfJ7 ·' yv,;r .�n1 p a.t .•. .:: %LI tJ.1.c -- ... --tit:tc.tt;;.U.ct:t p .. :u ,. v.v.v. � )'<Aneao� bolts & 6'.F.Cf ffiGterk.!s embedeee iFl C6R:Cete Sf Ji)a50ill')' 5Hflf)lieel S)' !)rake We'.diHg to l,e asli·s'@fE!Q � F.0.B.jossite :s: 1:1aleaEliag g-i.i,hl!atier by s•-Jum; � �.'.flrab.1 We!aing does R9t int.ma for this srn:,.r tg csre:-.eR'.irg se�t:eRs ef tlw sp1:r;;iike1tcie:.a. 13.Drake Welding is not responsible for errors in dimensions and field measming done by others. 14.No work will be perfom1ed in ad dition to our base bid unless a written "Change Order" is approved and signed , by an authorized representative of the General Contractor. All additional work wiil be subject to the same conditions as the "Original Contract". 1·5.Any item not specifically mentioned in this quotation is excluded. ___ _ ---------------- St and a rd Exclusions: l.Special Inspection. 2. Bonds and/or cost of bonds. � 'p(: Se'.ting of lii:es, grade e!e·:e::ens e:· le, eli,ig nuts. f\..N'>� � B01•-1fa5•et1er-e•hr· 'hlP +·o-O!±r e-ee'ed '·ems "reho-bo!•s fo-P'O"d -1�·es O" s::isG01]�n@Ol2S irg,1 °ml;0d aaa· pr·\'(·-t.S, c -� c11ct .t • t .. it ,at J .... 1 no r--•a .. , .. c:: -·-__ _ i ·se::t:.ag er p!aeome:Rt of a,,ahor es!ts. T@::'rjl!a:es for aReher 'belts are p:-sYiE!@d @: o::e eael=! p@r se!t p,1tt.:n .. 5. Finish painting and/or field painting in cludjng touch-up of shop applied finish. Prime painting of galvanized material.6.Special cleaning, sandblasting, chemical dips. Etc. � -;>.<:: Wead items, e:r.,rnt;y :ten:s (i.e.;�i:::1pson type !1ardY:a:-e), am! aAy fi.:!ld dirmmsim1s for aar:p"'11g_; gr s'0"'l •a .,..,!;J98· €Gl1n@ctiOR5. � 'Ji(. Mete! El.ee!, pe?.etrat:eas aaEl. S1-1flp€'i.:ts. �� €rs:.:: er eor:cr�ta mer!; ofe1Ry ty,;r 10.Fees or costs of permits of any kind.� _.,·n-,--:d"as" s-p!lor ·.f:..I"• /!"h y,,.a� . ••=->• � �Cc'eu!atisr.s fa-stairs sr raq&, cy•sili.e S"P'�yi::ig ag.1 1cr £t•'u�tl'ral @'.'gi::tee"iR3 �)'S110:s�i:1g far Gth:r tnaf'a. 4.Traffice control or public safety: vehicular or pedestrian (barricades, barriers, screens, etc. 15 .Scaffolding. �S'a'-a!:;,asi".: ll.G5;,,c 3,1'8 '"l!:aeir ,.-�rl'linrr £kips (T TO}')· �-€�;:;g, R�; :err�:; :'J�ta�g . - . ·o . 0. • ,. l 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. MIN™UM SCOPE AND L™IT OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (CGL): Insurance Services Office (ISO) Fom1 CG 00 01 covering CGL on an "occun-ence" 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 t" �.fability 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 occun-ence 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 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 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 occun-ence or claim, and $2,000,000 aggregate. [XI 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. [] NI A 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 En-ors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Ix] N/A 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 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: , [/A'dditio11al 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 Ca11cellatio11 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 fonn 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 prope1ty damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 2 The work to be done through this contract is to weld some stiffening plates to the arbors that were recently constructed on De Anza Boulevard. This is follow-on work that is intended to minimize movement in the steel structure. The work has no impact on the structural capacity and therefore has very limited liability regarding damage or failure. We would like to request a modification to the Commercial General Liability insurance requirement reducing the per occurrence limit from $2,000,000 to $1,000,000. The aggregate for General Commercial Liability would be $2,000,000 as well as separate $1,000,000 Umbrella Liability coverage. Since the proposed work is limited to welding some small plates on the existing structure that are not structural in nature we feel that $1,000,000 liability coverage is adequate and would sufficiently cover the City. Please let me know if it would be acceptable to reduce the General Commercial Liability limits to $1,000,000 or if you would like to discuss this in more detail. John Raaymakers PW Project Manager 408.777.3100 DRAKWEL OP ID· LU ACORD CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) 1,,,........---03/19/2019 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 pDlicy(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 408-395-7900 2��l�cT INB Insurance Services Corp. Freidin INB Ins. Services iA�gN�' Ext) 408-395-7900 f ft,�, No),408-395-3711 A Freidin, LLC 985 University Ave. Suite 37 E-MAIL ADDRESS· Los Gatos, CA 95032 INB IN SURERISl AFFORDING COVERAGE NAIC # INSURER A: Progressive Insurance 24260 [)NS �/rev INSURER B, Catlin Specialty Insurance Co. ra e eldin�, Inc. INSURER c, Preferred Professional Ins. Co 36234 Marley & Sus n Quinn 834 Camden Avenue Campbell, CA 95008 INSURER D: 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I N SR TYPE OF IN SURANCE rir�P� �.��nR POLICY NUMBER POLICY EFF POLICY EXP LIMITS L TR /Mu.,nr,,vyyy\ ltM·· ' B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s � CLAIMS-MADE 0 OCCUR 6000001483-2 / ���b�iJ9E���J!r?ence\ X X 12/01/2018 12/01/2019 s X Primary and i'/'1 MED EXP IAnv one oersonl s -Non Contriburtory PERSONAL & ADV INJURY s -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s=j POLICY 0 '.i'r8i D LOG PRODUCTS -COMP/OP AGG $ OTHER: s A � fb�������;;ill'lGCEl .llvllr-�TOMOBILE LIABILITY s ANY AUTO X 06359256-1 12/01/2018 12/01/2019 BODILY INJURY <Per oerson\ s f--OWNED X SCHEDULED AUTOS ONLY >--AUTOS BODILY INJURY {Per accident! $ X HIRED X NON-OWNED PROPERTY DAMAGE f--AUTOS ONLY f--AUTOS ONLY (Per accident\ $ $ B UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ f--6000001484-1 12/01/2018 12/01/2019 X EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ s C WORKERS COMPENSATION � X I ��f TIITF I I �JH-AND EMPLOYERS' LIABILITY YIN ON0812002 10/01/2018 10/01/2019 ANY PROPRIETOR/PARTNER/EXECUTIVE D X ��'-:J t c E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE -EA EMPLOYEE S If yes, describe under \�(; E.L DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cutertino, its city Council, officers, officials, emplo(ees, agents servan s and volunteers are to be covered as additiona insureds on the CGL �oicy with respec to liability arising out of the Services performed by or on ehalf of Contractor including materials, parts, or equtment furnised. CG2010, CG2001, CG2404 and ON08120 attached an provided. CERTIFICA TE HOLDER CANCELLATION CITYCUP v-1,000,000 50,000 5,000 1,000,000 v2,ooo,ooo 2,000,000 v1,ooo,ooo / � ( 1,000,000 \.. ./ / v1,ooo,ooo 1,000,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE na-c 1J-I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD D POLICY NUMBER: 6000001483-2 /COMMERCIAL GENERAL LIABILITY CG 20 100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OVvNERS, 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 Organization(s) Location(s) Of Covered Operations Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amendedto 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 operationsfor the additional insured{s) al the location(s) designated above. However: 1.The insurance afforded lo such additionalinsured only applies to the extent permitted by law; and 2.If coverage provided to the additional insuredis required by a contract or agreement, theinsurance afforded to sur.h additional insuredwill not be broader than that which you are required by the contract or agreement toprovide for such additional insured. 8.With respect to the insurance afforded tothese additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.Ail work, including materials, parts orequipment furnished in connection with such work, on the project (ol11er 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 beencompleted; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractorengaged in performing operations for aprincipal as a part of the same project. C.With respect to the insurance afforded to theseadditional insureds, the following Is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, lhe most we CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 will pay on behalf of the additional insured is the amount of insurance: i.Required by the contract or agreement; or 2.Available under the applicable Limils ofInsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance showr, iil the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABll:.ITY COVERAGE PART The following is added to the other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other Insurance available to an additional insured under your policy provided that: (2)You have· agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1)The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 6000001483-2 COMMERCIAL GENERAL LIABUTY CG 24 OH509 This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Blanket as required by written contract Information required lo 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 injllfY 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. © Insurance Services Office, Inc., 2008 Page1 of 1 WORICERS COMPENSATIOl'J AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04WS (Ed. 02-1B) WAIVER OF OUR RIGHT TO RECOVER FROM OTHEF!S ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will nol en[arce our righ1 against the person or organization named In the Schedule. (This agreemenl applies only to the extent that you periorm work under a wri1ten contract lhal requires you to obtain this agreement from us.) You must maintain payroll records accuralely segregating the remunerallon of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration, subject to a$ 250 minimum charge. Specific Waiver: The additional premium for this endm sement shall be 5% or the California workers' compensation premium otherwise due on such remuneration, subject to a $ 100 minimum charge. Person or Organization Blanket Waiver of Subrogation Schedule Job Description As respects to all CA jobs performed by the named insured cilring the policy period where by written contract a waiver of subro gatilJl is required prior to the commencement of work. This endorsement changes 1he policy to which it is anached and is effoctive an the date issued unless 01herwise stated. (The lnformatlon below is required only when this endo�emen� ill'sued subsequent to preparation of the polici,.} Endorsemenl Ellect1ve 10/01/2018 Poll No .. ONOB120-02 '-\ ) Endorsemenl No: Insured Drake Welding, Inc. nee Company Pr le� Professmnal Insurance Company Coun\er,;lgned By Print Date: 1 0121201 B Form W-9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) Drake Welding, Inc. N Business name/disregarded entity name, if different from above Q) Drake Welding, Inc. Check appropriate box for federal tax classification: C: 0 D lndividuaVsole proprietor 12] C Corporation D S Corporation D Partnership D TrusVestate a, C/) C. g D Exempt payee �:;::: D Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) II>-... 0 0 2 --------------------------------.,... C: C/) 't: .: D Other (see instructions) II>-Q. 0 :.: Address {number, street, and a�t. or suite no.) Requester's name and address {optionaQ ·;;; a, 834 Camden Avenue C. rn City, state, and ZIP code Q) Q) Cambpell, CA 95008 (/J List account number{s) here (optional) -�· ••Taxpayer Identification Number (TIN) I Social security number I Enter �our TIN in t�e app'.opriate �o�. !he TIN l?r�vided mus_t match �he name given on the "Name" line to avoid backup w1thhold1ng. For 1nd1v1duals, this 1s your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. [IlJ -OJ -I I I I I Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. j Employer identification number 94 -1 587446 Certification _____ Ulliler Rfil!.g]tie�erj!J!Y., I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that J am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement {IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person II>-Date II>- General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number {TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 12-2011) Progressive Insurance Company Limited A.M.Best#: 095186 Domiciliary Address 44 Kallipoleos Street P.O. Box 2211 Nicosia 1517, Cyprus Best's Credit Ratings 1 NR (Not Rated) View additional news, reports and products for this company. ---------- Long-Term Issuer Credit Rating View Defin ition 1 nr (Not Ratea)� l_ ________ _ ------------ u Denotes Under Review Best's Rating Rating History 1 Financial Strength Rating Effective DateRating 10/16/2018 NR Long-Term Issuer Credit Rating -·-----------·--------- Effective DateRating 10/16/2018 nr ---·----· --·- __ J l I I ______ J - - --------·--J Best's Credit Reports \I�'. Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 10/16/2018 (represents the latest significant change). View additional news, reports and products for this company. Find a Best's Credit Rating Enter a Company Name Advanced Search European Union Disclosures How to ,Get a Best's Credit Rating @ Bes .. t�s Cfedit Ratings @o· . Mobi1le App, A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. Catlin Specialty Insurance Company A.M. Best#: 010092 NAIC #: 15989 FEIN#: 716053839 Administrative Office View Additional Address 70 Seaview Avenue Information Stamford, DE 06902 United States Web: www.axaxl.com Phone: 404-443-491 O Fax: 404-443-4912 Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 085085 -AXA S.A. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: Affiliation Code: A+ (Superior) g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable ' Action: Effective Date: Initial Rating Date: Upgraded December 06, 2018 November 24, 2004 , Long-Term Issuer Credit Rating View Definition Long-Term: , Outlook: aa­ Stable Action: Upgraded Effective Date: December 06, 2018 Initial Rating Date: March 19, 2007 u Denotes Under Review Best's Rating --------- i Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Financial Analyst: Filippo Novella Senior Financial Analyst: Mariza Costa Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. , ________ __.) Note: Credit Ratings on this company are European Union Endorsed . Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Removes from Under Review, Upgrades Credit Ratings of XL Group Ltd, Its Main Property/Casualty Subsidiaries and XLIT Ltd December 06, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 2004. Financial Strength Rating Effective DateRating 12/6/2018 A+ 3/6/2018 Au 8/11/2017 A 8/3/2016 A 5/1/2015 A 1/9/2015 Au 8/6/2014 A _J Long-Term Issuer Credit Rating Effective DateRating 12/6/2018 aa- 3/6/2018 a+ u 8/11/2017 a+ 8/3/201 6 a+ 5/1/2015 a 1/9/2015 au I 8/6/2014 a L_ Best's Credit Reports ------ ------i ---- \I] Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 1/3/2019 (represents the latest significant change). \]'�\ Historical Reports are available in Best's Credit Report Ar_c _hi_v_e _. ___________ _ ---•·--+,-,-I---i• View additional news, reports and products for this company. ,-----------------------------------------------·- Press Releases Dec 06, 2018 Mar 06, 2018 Aug 11, 2017 Aug 03, 2016 May 01, 2015 Jan 09, 2015 Aug 06, 2014 Jul 25, 2013 Sep 13, 2012 Sep 01, 2011 1 2 AM Best Removes from Under Review, Upgrades Credit Ratings of XL Group Ltd, Its Main Property/Casualty Subsidiaries and XLIT Ltd A.M. Best Places Credit Ratings of XL Group Ltd and Its Subsidiaries Under Review With Developing Implications A.M. Best Affirms Credit Ratings of XL Group Ltd, Its Property/Casualty Subsidiaries and XLIT Ltd. A.M. Best Revises !CR Outlook to Stable for XL Group Ltd's Subsidiaries; Upgrades ICRs of Catlin Ins. Co. Ltd. and Subsidiaries A.M. Best Removes From Under Review and Affirms Ratings of XL Group pie and its Subsidiaries A.M. Best Places Ratings of Catlin Group Limited and Its Subsidiaries Under Review with Positive Implications A.M. Best Affirms Ratings of Catlin Group Limited's U.S. Subsidiaries A.M. Best Affirms Ratings of Catlin Group Limited's U.S. Subsidiaries A.M. Best Affirms Ratings of Catlin Group Limited's U.S. Subsidiaries A.M. Best Assigns Ratings to Catlin Indemnity Company Page size: 10 20 items in 2 pages Find a Best's Credit Rating Enter a Company Name Advanced Search European Union Disclosures How to Get a Best's Credit Rating @ Best's Credit Ratings @o Mob':l.lTeApp, A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institu tion (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.1503752 87), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit" Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions , not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us Site Map Customer Service My Account Contact Careers Terms of Use Privacy Policy Security Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. Preferred Professional Insurance Company A.M. Best#: 003699 Mailing Address P. 0. Box 540658 NAIC #: 36234 FEIN #: 470580977 Omaha, NE 68154-0658United States Web: www.ppicins.com Phone: 402-392-1566 Fax: 402-392-2673 View Additional Address Information Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 011673 -Medical Professional Mutual Insurance Co is the AMB Ultimate Parentand identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings l-����ncial Strength Rating View Definition Rating: Affiliation Code: A (Excellent) g (Group) , Financial Size Category: XIV ($1.5 Billion to $2 Billion) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed May 31, 2018 May 23, 1994 �--L�ng-Term�ssuer Credit Rating View Definition , Long-Term:a Outlook: Action: Effective Date: Stable Affirmed May 31, 2018 Initial Rating Date: June 07, 2007 u Denotes Under Review Best's Rating I Best's Credit Rating Analyst f-------· ---· -----· -- - Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Jieqiu Fan Director: Charles M. Huber - - -I Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the 1 rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Assigns Credit Ratings to Healthcare Underwriters Group, Inc.; Affirms Credit Ratings of Members of Coverys Companies May 31, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1994. 1 Financial Strength Rating Effective DateRating 5/31/2018 A 6/29/2017 A 6/20/2016 A- 3/20/2015 A- 6/17 /2014 A- Long-Term Issuer Credit Rating Effective DateRating 5/31/2018 a 6/29/2017 a 6/20/2016 a- 3/20/2015 a- 6/17 /2014 a- Best's Credit Reports ·e� Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 7/23/2018 (represents the latest significant change). J-:;l Historical Reports are available in Best's Credit Report Archive. c:....:J View additional news, reports and products for this company. Press Releases May 31, 2018 Jun 29, 2017 Jun 20, 2016 May 13, 2014 May 22, 2008 Jun 07, 2007 A.M. Best Assigns Credit Ratings to Healthcare Underwriters Group, Inc.; Affirms Credit Ratings of Members of Coverys Companies A.M. Best Upgrades Credit Ratings of Some Members of Coverys Companies A.M. Best Revises Outlook to Positive for Certain Subsidiaries of Medical Professional Mutual Insurance Company A.M. Best Comments on Coverys Companies' Definitive Agreement to Acquire Preferred Professional Insurance Company A.M. Best Upgrades Ratings of Preferred Professional Insurance Company A.M. Best Affirms and Assigns Ratings to Preferred Professional Insurance Company;Revises Outlook to Positive Find a Best's Credit Rating Enter a Company Name Advanced Search European Union Disclosures How to Get a Best's Credit Rating � 'el Bes .. i:s Credit Rating1s @01· · Mobi1le App A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI} in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP}, Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERV ED.