20-029 Pivot Interiors, Inc., Remodel of the Environmental and Administration area in City Hall CITY OF PUBLIC WORKS CONTRACT
10 $60,000 OR LESS
CUPERTINO
1. PARTIE
This public works contract("Contract") is made by and between the City of Cupertino("City"),and
Pivot Interiors Inc. ,a Corporation
("Contractor")for the remodel of the Environmental and Administration area in City Hall
and is effective on the last date signed below("Effective Date").
2. SCOPE OF ail
Contractor will perform and provide all labor,materials equipment, su lies transportation and an P P � supplies, P y
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 1
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 May 29,2020
("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. The Director of
Public Works may authorize the extension of the Contract Time by up to sixty(60) calendar days
through a written amendment to this Agreement,provided such extension does not include
additional contract funds. ,
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$200.00 will be charged for each day of unexcused delay,
or City may deduct the amount from Contractor's payments.Liquidated damages are based on
reasonably foreseeable consequences of delay and may include intangible losses which the Parties
agree may be difficult to ascertain,such as loss of public confidence in City and its contractors,
interference or loss of use of public facilities,and extended disruption to thepublic.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Work an amount that will based on actual costs but that will be capped so as not to exceed$_20,375.23
("Contract Price"), for all of Contractor's direct and indirect costs, including all labor,materials,
supplies,equipment,taxes,insurance,bonds, and all overhead costs.
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Public Works Contract$60,000/Rev.Sept.2019
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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 any incidental costs incurred.Contractor will be paid ninety-five percent(95%)of the undisputed
amounts billed within thirty(30)days after City receives a properly submitted invoice.Any retained
amounts will be included with Contractor's final payment within sixty(60)days of City's acceptance
of the Work as complete.
5. INDEPENDENT CON-TRACTOR
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 perform the Work as required by law, and have
procured a City Business License,if required by the Cupertino Municipal Code.Contractor shall
possess a California Contractor's License in good standing for the following classification(s): C-61
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.
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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 Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents,and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority,vacation time,vacation pay,sick leave,personal time off,
overtime,health insurance,medical care,hospital care,insurance benefits,social security,
disability,unemployment,workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes,fees, contributions,or
charges applicable to Contractor's business including,but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court,arbitrator,or administrative authority,including but not limited to
the California Public Employees Retirement System(PERS),the Internal Revenue Service or the
State Employment Development Division, determine that Contractor,or any of its employees,
agents, or subcontractors, is an employee for any purpose,then Contractor agrees to a reduction in
amounts payable under this Agreement,or to promptly remint to City any payments due by the City
as a result of such determination, so that the City's total expenses under this Agreement are not
greater than they would have been had the determination not been made.
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Public Works Contract$60,000 Nov.Sept 2019
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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. ASSIGNMDjJS: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.
g. PUBLICITY/SIGNS
Any publicity generated by Contractor for the Project during the Contract Time,and for one(1) 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 f
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
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9.1 Contractor must perform all the Work with its own forces,except that Contractor may hire
qualified subcontractors to perform up to 25 %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 the Public Contract Code.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
fifteen (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.
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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;HVAC 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(4)years from the date of City's final payment.
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 C'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:
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(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;
(e) 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 11 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.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor,or any other person or
entity involved by,for,with,or on behalf of Contractor in the performance of this Agreement.
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Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section l I shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements,attached and incorporated here as Exhibit
S. 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.
13. COMMIANCE 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) The following provisions apply to contracts of$1,000 or more: i
(i) In General. For purposes of California labor law,this is a public works
contract subject to the provisions of Part 7 of Division 2 of the California Labor
Code(Sections 1720 et seq.). In accordance with Labor Code Section 1771,
Contractor and all subcontractors shall pay not less than current prevailing
wage rates as determined by the California Department of Industrial Relations
('DIX')to all workers employed on this project. In accordance with Labor
Code Section 1815, Contractor and all subcontractors shall pay all workers
employed on this project 1 '/Z the basic rate of pay for work performed in excess
specified hour limitations. The work,performed pursuant to this Contract is
subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
(ii) Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and
qualified to perform public work pursuant to section 1725.5 of the California
Labor Code. Contractor represents and warrants that it is registered and
qualified to perform public work pursuant to section 1725.5 of the Labor Code
and will provide its DIR registration number,along with the registration
numbers of any subcontractors as required,to the City.
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(iii) Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices
that are required by regulations of the DM
(iv) Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish
the payroll records directly to the Labor Commissioner in accordance with the
law.
(v) Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of
worker needed, a copy of which is on file at the City of Cupertino City Hall,
and shall be made available to any interested party upon request.
(vi) Employment of Apprentices. Contractor's attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the
employment of apprentices by the Contractor or any subcontractor. It shall be
the responsibility of the Contractor to effectuate compliance on the part of itself
and any subcontractors with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards,
wage schedules,and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco,California,or from the Division of Apprenticeship Standards and its
branch offices.
(vii) Penalties. Contractor's attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775, i
Contractor and subcontractors may be subject to penalties for Contractor's
and subcontractors' failure to pay prevailing wage rates. In accordance with
Labor Code Section 1813,Contractor or subcontractors may be subject to j
penalties for Contractor's or subcontractors' failure to pay overtime pay rates j
for hours worked by workers employed on this project in excess specified i
hour limitations.
(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 the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code,and I will comply with such
provisions before commencing the work of 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 Contractor's employees or sub-contractors will not be tolerated.
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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 nor do they 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 Title 2 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(7) 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 1
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 H,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
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(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 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 MANAGF,NENT
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 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 construction and
completion of the Work. Such controls must include,but will not be limited to,the following
requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers,filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction.During the annual rainy {
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or
vacuum saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all
construction materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed,wash the
streets,collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement,remove debris to avoid contact withrainfall/runoff;
(e) Maintain a clean work area by removing trash,litter,and debris at the end of each work
day and when Work is completed. Clean up any leaks,drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Stormwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks,
local program guidance materials from municipalities,and any other applicable documents on
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.
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17. PROKQ: WRD_,JNAT1ON
City Project Manager.City assigns Bob Madev
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 Ken Tanase
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.
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18. ABAMUME,NT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor at any time.Contractor will be '
compensated for satisfactory 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 ten percent(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 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.
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19. GOVERNING LAW, VENUE AND DISPUTERESOL 1JO1V I
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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,et seq.,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.
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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. T ERD PARTY BE1SEFICIARIES
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. I
24. 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.
25. ENTIRE COnHA_C;T i
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 there is any inconsistency between any
term,clause, or provision of the main Contract and any term, clause, or provision of the attachments or
exhibits thereto,the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal,invalid,or unenforceable,the legal
portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should sutvive the Contract or Completion of Project,
including without limitation all provisions regarding warranties,indemnities,payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
ends.
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Public Works Contract$60,000Rev.Sept.2019
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28. INS Li RTED 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.
29. CAPTIUNE
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.
30. 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.
31. 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(5th)calendar day after deposit in the United States Mail,postage
prepaid,registered or certified,or the next business day following electronic submission:
f
To City of Cupertino: To Contractor:
10300 Torre Ave.,Cupertino CA 95014 Pivot Interiors Inc.
3355 Scott Blvd.,Suite 110,Santa Clara,CA 95054-3138 I
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Attention:Ken Tanase Attention:Bob Madey
Copy to:Carl Valdez Copy to:
Email:kent(cr�,cupertino.org Email:bmadey(iOivotinterlors.com
32. VALIDITY OF CONTRACT
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.
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33. El XEOaION
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.
IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the Execution
Date first above written.
CITY OF CUPERTINO, CONTRACTOR
a Municipal Corporation Pivot Interiors Inc.
By: By:
Roger I e
Title:Nblic Works Director Title: XWoUMr`f W CFO
Signature Date: Ja%l c� Signature Date: 2-2 8-2 02 0
APPROVED AS TO FORM: 1
By:
HEATHER M.NvIINNER
Cupertino City Attorney
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ATTEST:
By:
KIRSTEN SQUARCIA,City Clerk
DATE: i Z!Zo
1
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EXHIBIT "All
Quotation PIVOT
Bill to: CO1547 Ship to: Totals:
City of Cupertino-Service Center City Hall Total nontaxable $460.00
10555 Mary Ave 10300 Torre Ave Total taxable $15,518.56
Cupertino,CA 95014-1322 Cupertino,CA 95014-3202 Tax $1,396.67
USA USA TOTAL AMOUNT-USD $17,375.23
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Quote: 24504-02 Description: HR area reconfigure-Product+Labor
Document date: 2/20/2020
Payment terms: Net 20 Days
Expiration date: 3/21/2020
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Sales representative: Bob Madey bmadey@pivotlntedors.com 408432 5655
Sales coordinator. Chiyoh Arai carai@pivotinteriors.com 408 635 7723
Line item numei -' -=s. DesGriptlon Tag = Quantt Ualt
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1 NOTE NOTE HM A02 CITY OF 1.00 $0.00 $0.00
CUP CITY HALL
* Herman Miller
* AGO607
* Work Rite
* SPA-23999
2 ASSEMBLY-SUB Assembly Services HM A02 CITY OF 1.00 $125.00 $125.00 T
CUP CITY HALL
I Disposal fee
3 ASSEMBLY-SUB Assembly Services HM A02 CITY OF 1.00 $9,006.00 $9,006.00 T
CUP CITY HALL
I Stations Installation Services
I PIV30442
I Labor to receive deliver install
I and reconfigure 6 work stations
I into 8
I per drawings and specifications
1 Includes delivery and installation
I of work rite bases
I work to done Friday night
I complete on Saturday
4 LABOR-SUB Labor Services HM A02 CITY OF 1.00 $195.00 $195.00
CUP CITY HALL
I Stations-Warehouse Services
5 LABOR-SUB Labor Services HM A02 CITY OF 1.00 $265.00 $265.00
CUP CITY HALL
] Stations -Vehicle usage
6 PIV-PM Project Management HM A02 CITY OF 6.00 $85.00 $510.00 T
CUP CITY HALL
7 All 120.3924G Panel,Fabric Pwr4-Circ W/Com Pt Lc HM A02 CITY OF 3.00 $200.88 $602,64 T
39H 24W CUP CITY HALL
HF inner tone light
MT medium tone
2101 grasscloth silver birch
2101 grasscloth silver birch
8 Al120.3936G Panel,Fabdc Pwr 4-Circ W/Com Pt Lc HM A02 CITY OF 2.00 $234.36 $468.72 T
39H 36W CUP CITY HALL
HF inner tone light
MT medium tone
2101 grasscloth silver birch
2101 grasscloth silver birch
9 A1120.3936N Panel,Fabric Npwr 39H 36W HM A02 CITY OF 1.00 $177.94 $177.94 -T
CUP CITY HALL
www.pivotinteriors.com Pivot Interiors,Inc. 1 3355 Scott Blvd Ste 110 1 Santa Clara,CA 95054-3138 USA Page 1 of 5
EXH I BIT "All
Quotation PIVOT
SAQT-000032035
HF inner tone light
MT medium tone
2101 grasscloth silver birch
2I01 grasscloth silver birch
10 Al120.3942G Panel,Fabric Pwr4-Clrc W/Com Pt Lc HM A02 CITY OF 1.00 $244.28 $24428 T
39H 42W CUP CITY HALL
HF inner tone Iight
MT medlum tone
2101 grasscloth silver birch
2101 grasscloth silver birch
11 All 120.6736N Panel,Fabric Npwr 67H 36W HM A02 CITY OF 2.00 $234.05 $468.10 T
CUP CITY HALL
HF inner tone light
MT medium tone
2101 grasscoth silver birch
2101 grasscloth silver birch
12 A1354.48G Base Pwr Adapter,W/Covers 4-Circ HM A02 CITY OF 1.00 $78.74 $78.74 T
W/Rcp&Corn Pt 48W CUP CITY HALL
NIT medium tone
13 A1120.674BG Panel,Fabric Pwr 4-Circ W!/Com Pt Lc HM A02 CITY OF 3.00 $323.02 $969.06 T
67H 48W CUP CITY HALL
HF inner tone light
MT medium tone
2I01 grasscloth sliver birch
2101 grasscloth silver birch
14 A1220.67H Conn,2-Way 90 Deg Hard 67H HM A02 CITY OF 1.00 $53.63 $53.63 T
CUP CITY HALL
HF inner tone light
MT medium tone
15 A1230.67H Conn,3-Way 90 Deg Hard 67H HM A02 CITY OF 1.00 $9021 $90.21 T
CUP CITY HALL
HF inner tone light
MT medium tone
16 Al311.A 15 Amp Receptacle 4 Circuit,Duplex, HM A02 CITY OF 1.00 $6851 $68.51 T
Circuit A 6/Pkg CUP CITY HALL
MT medium tone
17 A1311.8 15 Amp Receptacle 4 Circuit,Duplex, HM A02 CITY OF 1.00 $68.51 $68.51 T
Circuit B 6/Pkg CUP CITY HALL
MT medium tone
18 A1311.0 15 Amp Receptacle 4 Circuit,Duplex, HM A02 CITY OF 1.00 $68.51 $68.51 T I
Circuit C 6/Pkg CUP CITY HALL
MT medium tone 1
19 A1271.67H Fin End 67H HM A02 CITY OF 3.00 $22.63 $67.89 T
CUP CITY HALL
HF Inner tone light
MT medium tone
20 A2310.2472L Work Surf,Sq-Edge Rect,Lam Top/TP HM A02 CITY OF 2.00 $174.22 $348.44 T
Edge 24D 72W CUP CITY HALL
HF inner tone light
HF inner tone light
HF inner tone light
21 A0215.34 Draw Rod 34H 1.00 $8.68 $8.68 T
22 A0215.62 Draw Rod 62H HM A02 CITY OF 2.00 $8.99 $17.98 T
CUP CITY HALL
23 FV696A8 Stiffener,48W HM A02 CITY OF 2.00 $22.63 $45.26 T
CUP CITY HALL
24 LW100.20BBF Ped W-Pull,Freestd 20D B/B/F HM A02 CITY OF 2.00 $219.10 $438.20 T
CUP CITY HALL
SB full-extension ball-bearing
Ss smooth paint on smooth steel
HF inner tone light
KC keyed differently,chrome
1 F standard height
NN none
www.pivotinteriors.com Pivot Interiors,Inc. 1 3355 Scott Blvd Ste 110 1 Santa Clara,CA 95054-3138 USA Page 2 of 5
EXH I BIT "
A
Quotation PIVOT
SAQT-000032035
25 ZCELA Exact Size file Top,Sq-Edge,Lam Top HM MER CITY OF 2.00 $179.40 $358.80 T
CUP CITY HALL
001 depth 15.001n-30.00in
24 Depth Entry
W05 width 60,01in-72.00in
70 Width Entry
EZ standard hmi laminates
HF inner tone light
HF inner tone light
26 52-SEHX54-72 Sierra HX Electric Base Set-2 Leg 54" WORKRITE CITY 2.00 $566.73 $1,133A6 T
to 72"Wide OF CUP-CITY
HAL
424-PS Prog Switch&Flat Foot 24"Deep
- Standard Cord
-S Silver
27 FREIGHT-WHSE Freight-Shipping to Warehouse WORK RITE CITY 1.00 $100.00 $100.00 T
OF CUP CITY HAL
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Total nontaxable $460.00 j
Total taxable $15,518.56
Tax $1,396.67
TOTAL AMOUNT-USD $17,375.23
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www.pivotinterfors.com Pivot Interiors,Inc. 3355 Scott Blvd Ste 110 Santa Clara,CA 95054-3138 USA Page 3 of 5
EXH i BIT
Quotation PIVOT
SAQT-000032035
'PERMS AND COND11IONS
This quotation,which includes the preceding portion hereof(collectively,Quotation)Is subject to the terms and conditions set forth below,and shall be void unless accepted by the Buyer slgn'mg a copy
and returning it to Pivot Interiors(Seller)no later than thirty(30)days from the date of the Quotation.
1.Terms:All sales by Seger hereunder are final,and the terms of'he Quotation may not be modified without the prior written consent of an authorized representative of Seller.Additional or different
terms and conditions proposed by Buyer shall not be binding on Seller without Seller's priorwritten approval
2.Payment,Deposit,Credit Approval:Products and services shall be Invoiced upon delivery.Payment is due net,not later than the date specified In the preceding portion of this Quotation.Unless
waived by Seller In writing,Buyer shall deposit with Seller the deposit sum specified above in the preceding portion of this Quotation,which shall be payable concurrently with Seller's receipt of Buyer's
written acceptance of the Quotation..All sales and shipments are subject to Buyers credit approval by Seller.If Buyer's credit Information is not available or if its credit Is not approved by Pivot
payment by Buyer must be made In full at or before the time of purchase.
3,proposed Purchase:The products and/orservkes covered by this Quotation(collectively,Purchase Items)are set forth above In the preceding portion of this Quotation.
4.Price:The total price(Price)for Purchase Items being provided by Seller is setforth above in the preceding portion of this Quotation.Unless otherwise noted,all applicable freight charges are
included above in the preceding portion of this quotation and,If not included therein,freight charges will be quoted and Invoiced to Buyer as a separate Fine Item.The Price,If not specified in the
preceding portion of this Quotation,does not Include applicable taxes,or other items specifically enumerated below.
S.Taxes:All applicable taxes on the Purchase Items will be In addition to the Price,and will be added to invoices and paid by Buyer when the invoice Is due,at the rate In effect at time of Invoicing.If
Buyer claims exemption from taxes,Buyershall provide Seller with a valid Certificate of Exemption concurrently with Buyer's acceptance of thls Quotation.
6.Freight All freight and related delivery charges applicable to the Purchase Items,unless already stated in the preceding portion of this Quotation,will be In addition to the Price,and will be added to k
Invoices and paid when the Invoice is due.
7.Changes,Cancellations,&Returns:Products and services sold to Buyer hereunder are custom designed and/or manufactured.All sales are final.No changes,cancellations or returns are allowed l
without the prior written approval of Seller and the applicable manufacturer.If changes,cancellations or returns are approved by Seller,all direct and indirect costs and expenses thereof shag be pald by
Buyer. t
a.Product Storage:If Buyer is unable or unwilling to accept delivery of Purchase Items within 30 days of product receipt at Seller's(and/or Seller's agents)facility,all resulting costs and expenses
incurred b Seller and/or its agents,Including costs of moving,handling and storage 'y g g rage of Purchase Items pending delivery,shall be paid by Buyer.Such Purchase Items shall be Invoked and shag be paid
in full by Buyer within thirty(30)days after date of Invoice.Provided,however,all moving,handling and storage costs and expenses incurred by Seller and/or its agents shall be paid by Buyer
immediately upon receipt of invoice.
g.Title&Security Interest Title to all Purchase Items shall pass from Seller to Buyer upon delivery and payment In full or the Invoked amounts and all other costs and expenses due under this
Quotation.Seller shall have and Buyer hereby grants to Seller a continuing first security interest in all purchase Items to secure payment of the Price and all invoiced portions thereof,and other
obligations of Buyer under this quotation.Ali Purchase items shall remain personal property regardless whether affixed to real property.if Buyer shall default in payment under this Quotation,Seller
shall have all applicable rights and remedies of a secured party pursuant to the California Commercial Code.Buyer agrees to execute a Security Agreement and related financing documents promptly
upon Seller's request.
10,Delay:Due to uncertain factory shipping schedules common to the componentized modular furniture business,no obligation or liability shall be incurred by Seger for failure to deliver Purchase t
Items by any particular date,Sellershall not be liable for any toss,expense,claim or damage incurred by Buyer or others resulting from any delay or failure in shipment or delivery of Purchase Items
caused in whole or In part by delay or default In transportation,labor disputes,inability in obtaining materials or product,natural disasters,acts of God,war or terrorism or any other cause not within
the reasonable control of Seller.
11.LIMITATION OF WARRANTIES:SELLER MAKES NO WARRANTIES,EXPRESS OR IMPLIED,AS TO MERCHANTABILITY OR AS TO THE SUITABILITY OF ANY PURCHASE ITEMS OR SERVICES FOR ANY
PARTICULAR PURPOSE.BUYER'S SOLE WARRANTY AND OTHER RIGHTS HEREUNDER FOR PRODUCT DEFECTS OF ANY KIND SHALL BE THE WARRANTY THAT IS PROVIDED BY THE MANUFACTURERS
OF SUCH PRODUCTS.MOST MANUFACTURERS WARRANT THEIR PRODUCTS TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF AT LEAST ONE 0)YEAR FROM DATE OF
DELIVERY,AND BUYER SHALL HAVE THE BENEFIT OF ANY SUCH MANUFACTURER WARRANTIES.SELLER AGREES TO SERVE AS FACILITATOR OF ANY CLAIMS MADE BY BUYER AGAINST
MANUFACTURERS,BUT SELLER SHALL HAVE NO LIABILITY WHATSOEVER WITH REGARD TO ANY SUCH FACILITATION EFFORT,ANY CLAIM AGAINST A MANUFACTURER'S WARRANTY MUST BE MADE
TO THE MANUFACTURER PROMPTLY UPON DISCOVERY OF A DEFECT.BUYER'S SOLE REMEDY FOR DEFECTIVE INSTALLATION PERFORMED BY SELLER SHALL BE TO REPAIR OR REPLACE,AT SELLER'S
SOLE OPTION,THE SAME WITHIN THE FIRST YEAR IMMEDIATELY FOLLOWING DELIVERY,SELLER SHALL NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES,NO OTHER WARRANTIES OF '.
ANY KIND ARE EXPRESSED OR IMPLIED,AND BUYER HEREBY DISCLAIMS ANY AND ALL RIGHTS THERETO.IN ADDITION,PRODUCT WARRANTIES MAY BE INVALIDATED ON NON-COMMERCIAL ITEMS
(RESIDENTIAL OR RETAIL SOURCED)USED IN COMMERCIAL SETTINGS(INCLUDING WITHOUT LIMITATION OFFICES AND HOSPITALS).SELLER MAKES NO WARRANTIES,EXPRESS OR IMPLIED,AS TO
MERCHANTABILITY OR AS TO THE SUITABILITY OF ANY PURCHASE ITEMS OR SERVICES FOR ANY PARTICULAR PURPOSE.THE SOLE WARRANTY OBLIGATION OF SELLER TO BUYER SHALL BE _!
EXPRESSLY LIMITED TO THE WARRANTY SET FORTH IN THIS PARAGRAPH11 ALONE
12.LIMITATION OF DAMAGES:EACH PARTY'S TOTAL LIABILITY FOR DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO THIS QUOTATION SHALL NOT EXCEED THE AGGREGATE FEES PAID OR
PAYABLE BY BUYER TO SELLER UNDER THIS QUOTATION UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE IN ANY WAY FOR SPECIAL,INDIVIDUAL,CONSEQUENTIAL,OR NON-DI FACT
DAMAGES ARISING IN ANY WAY OUT OF THIS QUOTATIONL,HOWEVER CAUSED,WHETHER ARISING OUT OF CONTRACT,TORT(INCLUDING NEGLIGENCE OR OTHERWISE),INCLUDING,WITHOUT
LIMITATION,DAMAGES FOR LOST PROFITS,OR LOSS OF TIME,INCONVENIENCE OR COMMERCIAL COSTS.THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING THE I
FAILURE OF THE ESSENTIAL PURPOSE OF ANY OF THE LIMITED REMEDIES SET FORTH HEREIN. I
13.Finance Charges:A finance charge of 1.5%per month(ANNUAL PERCENTAGE RATE OF18.0%PER ANNUM)will be charged on all past due accounts.In the event any action,suit or other i
proceeding Is required to collect amounts owing to SELLER under this QUOTATION,Buyer shall reimburse all costs and expenses incurred therein by SELLER,including reasonable attornay's fee and
costs.
14.Delivery and Installation Conditions:Buyer shag have the following obligations,which Buyer shall cause to occur at its sole cost and expense:
a.Job Site:Job Site,including all passageways,corridors and the areas designated for installation,shall be clean,free and clear of personnel,existing furnishings,construction materials
or debris or any other obstruction
b.Access:Doorways,openings and elevators shall be sufficient to allow delivery of Purchase Items without necessity of dismantling.
c.Utilities/Services Electricity,heat,lighting,elevator or hoisting services shall be furnished by Buyer without cost to Seller.Parking and adequate facilities for off-loading,staging, Jf
moving and handling of Purchase Items shall be provided by Buyer.
d.Hours of Delivery lob Site shall be open and available for delivery and Installation of Purchase Items during Sellers normal business hours,Monday-Friday,8,00 a.m.-5:00 pm.
Laborcosts of Seller resulting from overtime work shag be imroiced to and fully paid by Buyer.
e.Shipping:Buyer accepts responsibility to Inspect Purchase Items shipped directly by manufacturer to Buyer,to note on bills of lading of any damage,and to notify carrier of such
damage within 24 hours of delivery.Any such damage shall not excuse or delay payment by Buyer of Seller's invoices.
f.Damage:After Delivery Any loss of or damage to product afierdellvery to Buyer,whether due to weather,fire,elements,other trades or other causes,shall be the sole
responsibility of Buyer,Buyer shall hold Seller harmless from any such loss or damage.
15.Termination:This Quotation may be terminated by either party upon its issuance of written notice to the other party of its breach of the terms of the quotation,which breach is not cured within
fifteen(1 S)days of such notice.A termination by Seger of Buyer for breach will not relieve Buyer of Its payment obligations to Seller existing at the time of such termination,and such sums shall
become immediately due and payable.A termination by Seller of Buyer for breach shall not be the exclusive remedy of Seller,and Buyer shall be obligated to reimburse Seller in full for all costs Seller
incurs In connection with cancellation of any orders which have not yet been shipped or any services which have not yet been rendered.
16.Authorization:Buyer represents and warrants that the persan signing below on behalf of Buyer possesses full and proper authorization to enter into this Quotation,and acknowledges that the
Quotation is legally binding agreement as to Buyer.
17.Governing Law:This Quotation shall be governed by the laves of the State of California(without regard to any conflict of lays provision),Any legal action regarding the enforcement or construction
of the terms of this Quotation shag be determined solely and exclusively in the venue of the United States Federal Court or the SuperlorCourt of the State of California,in file city of San Jose and the
County of Santa tiara.
18.Entire Agreement This Quotation contains the complete and exclusive agreement and understanding between the parties concerning the subject matter of this Quotation,and supersedes all prior
and contemporaneous proposals,agreements,understandings,negotiations,representations,warranties,conditions,and communications,oral or written,between the parties relating to the same
subject matter.The terms and conditions of this Quotation will prevail and control in the event of any different,conflicting or additional terms and conditions that may appear on any purchase
order,acknowledgement,Invoice or otherwriting Issued by either party In connection with this Quotation.The express terms of this Quotation shall supersede and control over any course of
performance,course of dealing,or usage of the trade Inconsistent with any of the terms of this Quotation No amendment or modification of this Quotation shall be effective unless it Is made in writing,
www.pivotinteriors.com Pivot Interiors,Inc. 1 3355 Scott Blvd Ste 110 1 Santa Clara,CA 95054-3138 USA Page 4 of 5
EXH I BIT "All
Quotation PIVOT
SAQT-000032035
and is signed by an authorized representative of Seller and Buyer.
19.Confidentiality.Buyer agrees,except upon the prior written consent of Saller,that It will keep and maintain in strict confidence the existence and contents of this Quotation,for a period of one(1)
year from date hereof.
20.General:
a.Assignment:Neither this Quotation nor any portion thereof,nor any right or Interest therein,shall be assignable or transferable by Buyer without the express written consent
of Seiler,and any attempted assignment or transfer by Buyer which is lacking such consent shall be void and of no effect whatsoever.
b.Attorneys'Fees;In the event of any legal action brought by a party to enforce or construe this quotation or any of the provisions thereof,the party prevailing In such action
shall be entitled,to addition to other relief,to recover Its reasonable attorneys'fees and costs incurred thereln,
c.Altomays'Fees:Storage Services In the event that all or any portion of this Quotation pertains to Seller's providing to Buyer storage services relating to any items of property owned
by Buyer,the following terms shall apply(i)SELLER MAKES NO WARRANTY WHATSOEVER WHETHER EXPRESS,IMPLIED OR OTHERWISE,RESPECTING THE CONDITIONS APPLICABLE
TO THE STORAGE FACILITIES INCLUDING,WITHOUT LIMITATION,ANY WARRANTY RESPECTING THE SAFETY OF SUCH FACILITIES FROM FIRE,EARTHQUAKE,WAR,TERRORISM OR
INSURRECTION,OR ANY 07HER RISKS,INCLUDING WITHOUT LIMITATION BURGLARY,ROBBERY OR THEFT,(fl)Buyer shall Indemnify Seller from and hold Seller free and harmless
from any claim or demand by any party against Seller,including attorneys'fees and costs,respecting any of Buyer's property items being stored by Seller,(lit)Seller shall at all times
have,in addition to any other liens provided for herein,a lien and security interest against all Items stored by Buyer with Seller from time to time hereunder,to secure
the obligations of Buyer for all storage fees and related charges and other claims arising hereunder,and(iv)Seller shall have,without limiting Its other rights and remedies,
all the rights and benefits provided under the California Commercial Code and any other laws,in California or elsewhere,applicable to warehousemen and warehouse owners and
operators.The signature of the Buyer below shall signify Its agreement to the terms and conditions of this Quotation.
Total nontaxable $460.00
Total taxable $15,518.56
Tax $1,396.67
TOTAL AMOUNT-USD $17,375.23
I
Signature: Title: Date:
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Print name
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All products sold by Pivot Interiors,Inc are TSCA Title VI Compliant for Formaldehyde
www.pivotinteriors.com Pivot Interiors,Inc. 1 3355 Scott Blvd Ste 110 1 Santa Clara,CA 95054-3138 USA Page 5 Of 5
PUBLIC WORKS CONSTR UCTION CONTRACTS
1S�rmalC Pro�eets $64,400
Insurance en,ts�Exhabift 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:
1. 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 i
liabilityforpersonal 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 0413
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 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 of no 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.
❑ 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.
N/A 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.
(� N/A if box checked(Project does not involve construction or improvements/installations to property).
Insurance Requirements for Construction Contracts-$60,000 Version:Sept. 2019
1
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.
' N/A if box checked (Project sloes 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: I
i
Additional Insured Status I
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies 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 It 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 0413 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 1
also apply on a"primary and non-contributory"basis for the benefit ofCity.
1
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 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:Sept. 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"V11"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.
i
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, i
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 ofthe risk,prior experience,insurer,coverage,
or other circumstances.
Insurance Requirements for Construction Contracts-$60,000 Version:Sept.2019
3
AC ® CERTIFICATE OF LIABILITY INSURANCE DATE(M oz/z /208/20 0
2o
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Corey H.Evans
Van Wyk Risk Solutions NAMEPHONE 616 726-1069 FAX 616 942-8199
150 Ottawa Ave NW c o E • FAX
No
Suite 1000 ADDRESS: coreye@vanwykcorp.com
Grand Rapids,MI 49503 INSURERS AFFORDING COVERAGE NAIC#
INSURERA: Natl Union Fire Ins Co of Pittsburg 19445
INSURED Pivot Interiors,Inc. INSURERB: Travelers Property Casualty Company of America 25674
3355 Scott Blvd. Capitol Specialty Ins 10328
Suite 110 INSURER C: p P y
Santa Clara,CA 95054 INSURER D: Aspen American Insurance Company 43460
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 2020-2021 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.
INSR TYPE OF INSURANCE ADDL SUER PO CY NUMBER MM DDY EFF/YYYY MM/DDY EXP LIMITS
LTR
A COMMERCIAL GENERALLIABILITY 5180181 3/1/2020 /1/2021 EACH OCCURRENCE $ 1,000,00
CLAIMS-MADE FV OCCUR DAMAGES( RENTED 300 000
PREMISES Ea occurrence $
MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY PRO ❑ LOC
JECT PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY 2961608 3/1/2020 3/1/2021 COMBINED SINGLE LIMIT $ 1,000,00
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
B UMBRELLA LIAB OCCUR ZUP-14P65529-20-NF 3/1/2020 3/1/2021 EACH OCCURRENCE $ 5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00011
DED I I RETENTION$ $
A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 080756396 3/1/2020 3/1/2021 PER
STATUTE oTH-
ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Y E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N I A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
D EMPLOYEE THEFT DSUMLP000221 3/1/2020 3/1/2021 per Claim $1,000,000
C PROFESSIONAL LIABILITY SGC0352001 3/1/2020 3/1/2021 Per Claim(Each Act) $5,000,000
(Retention$20,000) Aggregate $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as additional insured on a primary&
non-contributory basis as required by written contract. Waiver of subrogation applies as required by written contract. 30 days notice of cancellation applies per
the attached.
CERTIFICATE HOLDER CANCELLATION
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
I
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: GL L511-81 COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
BECOME OBLIGATED TO INCLUDE AS AN
ADDITIONAL INSURED AS A RESULT OF ANY
CONTRACT OR AGREEMENT YOU
HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to that which you are required by the contract
include as an additional insured the person(s) or or agreement to provide for such additional
organization(s) shown in the Schedule, but only insured.
with respect to liability for "bodily injury", B. With respect to the insurance afforded to these
"property damage" or "personal and advertising additional insureds, the following additional
injury" caused, in whole or in part, by: exclusions apply:
1. Your acts or omissions; or This insurance does not apply to "bodily injury"
2. The acts or omissions of those acting on or "property damage" occurring after:
your behalf; 1. All work, including materials, parts or
in the performance of your ongoing operations equipment furnished in connection with such
for the additional insured(s) at the location(s) work, on the project (other than service,
maintenance or repairs) to be performed by
designated above. or on behalf of the additional insured(s) at
However: the location of the covered operations has
1. The insurance afforded to such additional been completed; or
insured only applies to the extent permitted 2. That portion of "your work" out of which
by law; and the injury or damage arises has been put to
2. If coverage provided to the additional its intended use by any person or
insured is required by a contract or organization other than another contractor or
agreement, the insurance afforded to such subcontractor engaged in performing
additional insured will not be broader than operations for a principal as a part of the
same project.
CG 20 10 04 13 9 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑
C. With respect to the insurance afforded to these 2. Available under the applicable Limits of
additional insureds, the following is added to Insurance shown in the Declarations;
Section III - Limits Of Insurance:
whichever is less.
If coverage provided to the additional insured is
required by a contract or agreement, the most This endorsement shall not increase the
we will pay on behalf of the additional insured applicable Limits of Insurance shown in the
is the amount of insurance: Declarations.
1. Required by the contract or agreement; or
Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 ❑
POLICY NUMBER: GL 18-01-81 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT 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
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Completed Operations
Or Organization(s)
ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT.
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to which you are required by the contract or
include as an additional insured the person(s) or agreement to provide for such additional
organization(s) shown in the Schedule, but only insured.
with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these
"property damage" caused, in whole or in part, additional insureds, the following is added to
by "your work" at the location designated and Section III - Limits Of Insurance:
described in the Schedule of this endorsement If coverage provided to the additional insured is
performed for that additional insured and required by a contract or agreement, the most
included in the "products-completed operations we will pay on behalf of the additional insured
hazard". is the amount of insurance:
However: 1. Required by the contract or agreement; or
1. The insurance afforded to such additional 2. Available under the applicable Limits of Insu-
insured only applies to the extent permitted rance shown in the Declarations;
by law; and
whichever is less.
2. If coverage provided to the additional
insured is required by a contract or agree- This endorsement shall not increase the appli-
ment, the insurance afforded to such addi- cable Limits of Insurance shown in the Decla-
tional insured will not be broader than that rations.
CG 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 ❑
POLICY NUMBER: GL (5:18-01 COMMERCIAL GENERAL LIABILITY
CG 20 15 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - VENDORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s) (Vendor) Your Products
VENDORS WHO SELL OR DISTRIBUTE YOUR ALL PRODUCTS
PRODUCTS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to a. "Bodily injury" or "property damage" for
include as an additional insured any person(s) or which the vendor is obligated to pay
organization(s) (referred to throughout this damages by reason of the assumption of
endorsement as vendor) shown in the Schedule, liability in a contract or agreement. This
but only with respect to "bodily injury" or exclusion does not apply to liability for
"property damage" arising out of "your damages that the vendor would have in
products" shown in the Schedule which are the absence of the contract or
distributed or sold in the regular course of the agreement;
vendor's business. b. Any express warranty unauthorized by
However: you;
1. The insurance afforded to such vendor only c. Any physical or chemical change in the
applies to the extent permitted by law; and product made intentionally by the vendor;
2. If coverage provided to the vendor is d. Repackaging, except when unpacked
required by a contract or agreement, the solely for the purpose of inspection,
insurance afforded to such vendor will not demonstration, testing, or the
be broader than that which you are required substitution of parts under instructions
by the contract or agreement to provide for from the manufacturer, and then
such vendor. repackaged in the original container;
B. With respect to the insurance afforded to these e. Any failure to make such inspections,
vendors, the following additional exclusions adjustments, tests or servicing as the
apply: vendor has agreed to make or normally
1. The insurance afforded the vendor does not undertakes to make in the usual course
apply to: of business, in connection with the
distribution or sale of the products;
CG 20 15 04 13 Q Insurance Services Office, Inc., 2012 Page 1 of 2 ❑
f. Demonstration, installation, servicing or in connection with the distribution or
repair operations, except such operations sale of the products.
performed at the vendor's premises in 2. This insurance does not apply to any insured
connection with the sale of the product; person or organization,from whom you have
g. Products which, after distribution or sale acquired such products, or any ingredient,
by you, have been labeled or relabeled or part or container, entering into, accom-
used as a container, part or ingredient of panying or containing such products.
any other thing or substance by or for C. With respect to the insurance afforded to these
the vendor; or vendors, the following is added to Section III -
h. "Bodily injury" or "property damage" Limits Of Insurance:
arising out of the sole negligence of the If coverage provided to the vendor is required
vendor for its own acts or omissions or by a contract or agreement, the most we will
those of its employees or anyone else pay on behalf of the vendor is the amount of
acting on its behalf. However, this insurance:
exclusion does not apply to: 1. Required by the contract or agreement; or
(1)The exceptions contained in Sub- 2, Available under the applicable Limits of
paragraphs d. or f.; or Insurance shown in the Declarations;
(2)Such inspections, adjustments, tests whichever is less.
or servicing as the vendor has agreed
to make or normally undertakes to This endorsement shall not increase the
make in the usual course of business, applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 15 04 13 ❑
POLICY NUMBER: GL 518-01-81 COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORS T 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 LIABILITY COVERAGE PART
The following is added to the Other Insurance policy provided that:
Condition and supersedes any provision to the (1)The additional insured is a Named Insured
contrary: under such other insurance; and
Primary And Noncontributory Insurance (2)You have agreed in writing in a contract
This insurance is primary to and will not or agreement that this insurance would
seek contribution from any other insurance be primary and would not seek contribu-
available to an additional insured under your tion from any other insurance available to
the additional insured.
CG 20 01 04 13 4 Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: GIL E
-81 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of Sec-
tion IV - Conditions:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing opera-
tions or "your work" done under a contract with
that person or organization and included in the
"products-completed operations hazard". This
waiver applies only to the person or organization
shown in the Schedule above.
CG 24 04 05 09 9 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑
ENDORSEMENT #
This endorsement, effective 12:01 A.M. 03/01/2020 forms a part of
Policy No.GL 518-01-81 issued to PIVOT INTERIORS, INC.
By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium,
and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a certificate
holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has
provided to the Insurer, either directly or through its broker of record, the email address
of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives notice of
cancellation of this policy and prior to this policy's cancellation effective date, via an
electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate
Holders within 30 days after the First Named Insured provides such information to the Insurer;
provided, however, that if a specific number of days is not stated above, then the Advice will be
provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named
Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured,
will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights
in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of this
policy.
All other terms, conditions and exclusions shall remain the same.
Authorized Representative
107414 (03/1 1) Page 1
ENDORSEMENT
This endorsement, effective 12:01 A.M. 03/01/2020 forms a part of
policy No.CACORE
issued to PIVOT INTERIORS, INC.
by NAT I ONAL URANCE COMPANY OF P I TTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
ADDITIONAL INSURED:
Any person or organization for whom you are contractually bound to
provide Additional Insured status but only to the extent of such
person's or organization's liability arising out of the use of a
covered "auto" .
I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add:
d. Any person or organization, shown in the schedule above, to whom you become obligated
to include as an additional insured under this policy, as a result of any contract or agreement
you enter into which requires you to furnish insurance to that person or organization of the
type provided by this policy, but only with respect to liability arising out of use of a covered
"auto". However, the insurance provided will not exceed the lesser of:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said contract or agreement.
Auth rized Representative or
Countersignature (in States Where
Applicable)
87950 (10/05) Page 1 of 1
ENDORSEMENT
This endorsement,effective 12:01A.M. 03/01/2020 forms a part of
policy No. CA 6-16-08 issuedto PIVOT INTERIORS, INC.
by NATIONAL UN I N FIRE INSURANCE COMPANY OF P I TTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is
amended by the addition of the following sentence:
The insurance afforded under this policy to an additional insured will apply as primary insurance
for such additional insured where so required under an agreement executed prior to the date of
accident We will not ask any insurer thathas issued other insurance to such additionalinsured to
contribute to the settlement of loss arising out of such accident.
All other terms and conditions remain unchanged.
Authorized Representative or
Countersignature (in States Where
Applicable)
74445 (10/99)
ENDORSEMENT
This endorsement, effective 12:01 A.M. 03/01/2020 forms a part of
policy No. CA C296-16-08 issued to PIVOT INTERIORS, INC.
by NATIONALFIRE INSURANCE COMPANY OF PITTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery
Against Others to Us, is amended to add:
However, we will waive any right of recover we have against any person or organization with whom you have
entered into a contract or agreement because of payments we make under this Coverage Form arising out of
an "accident" or "loss" if:
(1) The "accident' or "loss" is due to operations undertaken in accordance with the contract existing
between you and such person or organization; and
(2) The contract or agreement was entered into prior to any "accident' or"loss".
No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the
person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained
by any injured employee.
/AUT14ORIZED REPRESENTATIVE
62897 (6/95)
ENDORSEMENT #
This endorsement, effective 12:01 A.M. 03/01/2020 forms a part of
Policy No.CA (NION
6-16-08 issued to PIVOT INTERIORS, INC.
By NATIONAL FIRE INSURANCE COMPANY OF P I TTSBURGH, PA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE FIRST NAMED INSURED
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium,
and
1. the cancellation effective date is prior to this policy's expiration date;
2. the First Named Insured is under an existing contractual obligation to notify a certificate
holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has
provided to the Insurer, either directly or through its broker of record, the email address
of a contact at each such entity; and
3. the Insurer received this information after the First Named Insured receives notice of
cancellation of this policy and prior to this policy's cancellation effective date, via an
electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate
Holders within 30 days after the First Named Insured provides such information to the Insurer;
provided, however, that if a specific number of days is not stated above, then the Advice will be
provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named
Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured,
will serve as proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the
cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights
in any entity not insured under this policy.
The following Definitions apply to this endorsement:
1. First Named Insured means the Named Insured shown on the Declarations Page of this
policy.
2. Insurer means the insurance company shown in the header on the Declarations page of this
policy.
All other terms, conditions and exclusions shall remain the same.
Authorized Representative
107414 (03/1 1) Page 1
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation o policy).
This endorsement, effective 12:01 AM 03/01/2020 forms a part of Policy No. WC 080-75-6396
Issued to PIVOT INTERIORS, INC.
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against any person or organization with whom you have a written contract that requires you to obtain this
agreement from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium
for this policy.
WC 04 03 61 Countersigned by
- - — — — — - — — - - - - — — — —
(Ed. 11/90)
Authorized Representative
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation icy).
This endorsement, effective 12:01 AM 03/01/2020 forms a part of Policy No. WC 080-75-639
Issued to PIVOT INTERIORS, INC.
By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL
TO ENTITIES OTHER THAN THE NAMED INSURED
(WORKERS' COMPENSATION ONLY)
This policy is amended as follows:
In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and
1. the cancellation effective date is prior to this policy's expiration date;
2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an
existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the
"Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its
broker of record, the email address of a contact at each such entity; and
3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and
prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer,
the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days
after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days
is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable
after the Named Insured provides such information to the Insurer.
Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as
proof that the Insurer has fully satisfied its obligations under this endorsement.
This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or
the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy.
The following definitions apply to this endorsement:
1. Named Insured means the insured first named employer in Item 1 of the Information Page of this policy.
2. Insurer means the insurance company shown in the header on the Information Page of this policy.
All other terms, conditions and exclusions shall remain the same.
f
AUTHORIZED REPRESENTATIVE
WC 99 00 56
(Ed. 04/11)
Pivot Interiors Inc.
City Hall Environmental-Administration Remodel
Proposal Amount $ 17,375.23
Description Remodel the environmental-admin area at City Hall
Account# pending I �aj • �� '� �-�� C5 �
Proposal Amount
Description
Account#
Allowance Amount
Description
Account#
U nfo reseea bles/Extras
SUBTOTAL $ 17,375.23
Contingency $ 3,000.00
CONTRACT TOTAL $ 20,375.23
PW Supervisor y.� Ken Tanase
Carl Valdez-Superinte 4nt Date