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19-172 Amendment #1 dated 7-25-22 Burr Plumbing1 FIRST AMENDMENT TO AGREEMENT 436 BETWEEN THE CITY OF CUPERTINO AND BURR PLUMBING AND PUMPING INC., FOR SERVICE CENTER LUBE PIPING UPGRADES This First Amendment to Agreement 436 between the City of Cupertino and Burr Plumbing and Pumping Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Burr Plumbing and Pumping Inc., a Corporation (“Contractor”) whose address is 1645 Almaden Rd., San Jose, CA 95125, and is made with reference to the following: RECITALS: A. On March 31, 2022 Agreement 436 (“Agreement”) was entered into by and between City and Contractor for Service Center Lube Piping Upgrades. B. City and the Contractor desire to continue Contractor’s services to the City under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and restated by this First Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This agreement begins on the Effective Date and ends on August 31, 2022 (“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. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date BURR PLUMBING AND PUMPING INC. By Title Date eric burr Pres. Jul 25, 2022 Christopher D. Jensen Director of Public Works Jul 25, 2022 Jul 25, 2022 Page 1 of 12 PUBLIC WORKS CONTRACT $200,000 OR LESS 1.PARTIES Burr Plumbing and Pumping Inc., a Corporation 2.SCOPE OFWORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3.TIME FOR COMPLETION 3.1 Term.This Contract begins on the Effective Date and ends on the date 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 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 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 Page 2 of 12 $labor, materials, supplies, equipment, taxes, insurance, bonds, and all overheadcosts. 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 of the Work as complete. 5.INDEPENDENTCONTRACTOR 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 compensation or any other Citybenefits. 5.2 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 theindustry. 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 following classification(s): C36, A, C10, C-61/D21, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment.Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of 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 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 duebytheCityasa Page 3 of 12 result of su than they would have been had the determination not been made. 6.CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7.ASSIGNMENTS;SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs,successors, and permitted assigns. 8.PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9.SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to performup to 25% of the Work, provided thateach 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 requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If 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 bysubcontractors. 10.RECORDS AND DAILYREPORTS 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 retaincopies. Page 4 of 12 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 scalemust 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 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, volu 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 thefollowing: (a)Breach of contract, obligations, representations or warranties; (b)Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents,servants, subcontractors or subcontractors; (c)Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d)Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors orsub-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 defense of a claim, dispute, or lawsuit arising out of thisContract. 11.3 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 otherIndemnitee. 11.4 a claim or counterclaim arising out of this Contract, a purchase order or othertransaction. 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 Page 5 of 12 entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. 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 11 shall survive termination of the Contract. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contract. 13.COMPLIANCE WITHLAWS 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 perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and ControlAct 13.2 Labor Laws. (a)The following provisions apply to contracts of $1,000 or more: (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 In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ 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. Page 6 of 12 (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 DIR. (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 typeof 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.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 shallbe 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. Sections 1775 and 1813. In accordance with Labor Code Section 1775, Labor Code Section 1813, Contractor or subcontractors may be subject to for hours worked by workers employed on this project in excess specified hour limitations. (b)Contractor must compensate workers who are paid less than prevailing wages or required to 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 aware of the provisions of Section 3700 of the Labor Code which require every - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this 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. Page 7 of 12 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 betolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 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 Repre 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 relationshipwithCityofficials, 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 andemployees. 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 deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15.UTILITIES, TRENCHING, ANDEXCAVATION 15.1 of utility locations before digging or commencing Work. For underground service alerts for street -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. Page 8 of 12 (a)Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant tolaw; (b)Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor;and (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. Theprotectivesystemmust 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 RUNOFFMANAGEMENT 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 stormw result in the issuance of noncompliance notices, citations, Work stop orders and regulatoryfines. Page 9 of 12 17.PROJECTCOORDINATION City Project Manager. City assigns Ken Tanase 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 Alecia Rosas as its single representative for allpurposes under this Contract, with the responsibility to ensure progress with the ng the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18.ABANDONMENT ANDTERMINATION 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 -approval in writing, the time spent in closing out the Work will be compensated up to ten percent (10%) of the total time expendedinperforming theWork. 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 Section. 19.GOVERNING LAW, VENUE AND DISPUTERESOLUTION 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 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. Page 10 of 12 21.SIGNS/ADVERTISEMENT 22.THIRD PARTYBENEFICIARIES 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. 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 nger 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 ar and tear or damage resulting from improper use or maintenance. 25.ENTIRECONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If 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/PARTIALINVALIDITY 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 survive 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. Page 11 of 12 28.INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 29.CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 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: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 cc: Representative/Coordinator: Ken Tanase Email: kent@cupertino.org To Contractor: Burr Plumbing and Pumping Inc. 1645 Almaden Rd. San Jose, CA 95125 cc: Representative/Coordinator: Alecia Rosas Email: alecia@bp2inc.com 32.EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1|Page Burr Plumbing & Pumping, Inc.Initial _________ PROPOSAL No. 11253 Proposal submitted to: City of Cupertino Date Submitted: 11-05-21 Description: Lube Piping Upgrades Phone Number: 408-777-3272 Job Name: Street: 10555 Mary Ave.Job Location: 10555 Mary Ave. City, State, ZIP:Cupertino, CA 95014 Job Phone: Fax Number: Cell Phone: 408-613-0510 E-Mail:kent@cupertino.org Contact: Ken Tanase We hereby submit specifications and estimates to install all pipe, fittings, supports and strut framing to install 4 remote, customer supplied lube dispenser reels. Scope of Work: 1. Isolate air service to each storage tank/pump lube pump. 2. Tie in tees and isolation valves immediately downstream of existing hose reel connections. 3. Install 4 new carbon steel supply lines, fittings and supports to serve four existing storage tanks and supply piping. 4. Build a strut support structure to secure new, customer supplied hose reels. 5. Mount customer supplied hose reels. 6. Label piping per industry standards. 7. Test for leaks and proper operation. All work to be performed during normal work hours. Customer to provide unfettered access to all work areas for duration of installation. This will require all materials directly below work areas and in paths leading to works areas to be kept free of obstacles. Vehicles will need to be kept out of work areas as well. Building permits and a single sheet drawing is included (Cupertino to provide CAD backgrounds to ensure plans can be generated, or pricing will increase). Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees, as required, are included (up to a $2.5K allowance). 3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Wall, ceiling, flooring, framing and surface finish repairs. 6. Responsibility for any existing or other systems and work not directly related to our work 7. Responsibility for any electrical, plumbing, drains, fire sprinkler and/or controls not expressly included in this proposal. 8. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 9. Any unknown or unforeseen circumstances. 2|Page Burr Plumbing & Pumping, Inc.Initial _________ PROPOSAL No. 11253 We Propose to hereby furnish material and labor in accordance with above specifications For the sum of: Forty-Nine Thousand, Six Hundred & Fifteen Dollars ($49,615.00) Payment to be made as follows:Payment due upon completion of scope of work Burr Plumbing & Pumping, Inc. Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal. BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING --IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES INT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION. The services to be provided by Burr Plumbing & Pumping, Inc. DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Company: ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(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) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y/N N/A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 REDUCEDBYPAIDCLAIMS. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/21/2022 (408) 680-0228 25682 Burr Plumbing and Pumping, Inc 1645 Almaden Rd San Jose, CA 95125 25674 34630 34452 A 1,000,000 XXDT-CO-9N12388A-TCT-21 8/31/2021 8/31/2022 300,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B XX810-9M98589A-21-2S-G 8/31/2021 8/31/2022 5,000,000B CUP-9N12521A-21-2S 8/31/2021 8/31/2022 5,000,000 10,000 C X BUWC228386 9/1/2021 9/1/2022 1,000,000 1,000,000 1,000,000 A Property DT-CO-9N12388A-TCT-21 8/31/2021 BPP Limit 56,275 D Pollution 793-00-42-64-0005 8/31/2021 8/31/2022 Limit 2,000,000 The City of Cupertino e'City" and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared are included as an additional insured on General Liability and Automobile Liability policies per the attached endorsements. General Liability policy is primary and non-contributory per the attached endorsement. Waiver of Subrogation apply to General Liability, Automobile Liability and Worker's Compensation policies per the attached endorsements. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 BURRPLU-03 BAIPATRA1 Bozzuto & Associates Insurance Services34 S 2nd Street Campbell, CA 95008 Lisa Malvido lisam@dbinsurance.com The Travelers Indemnity Company of Connecticut Travelers Property Casualty Company of America Oak River Insurance Company Homeland Insurance Company of NY X 8/31/2022 X X X X X X X Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium (prior to adjustments) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Oak River Insurance Company BUWC 618.00 09/01/202 Burr Plumbing Amendment #1 for Service Center Piping Final Audit Report 2022-07-25 Created:2022-07-25 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA14XsP9WUZY0eJ_EtHsU_sUqPxnGHyejG "Burr Plumbing Amendment #1 for Service Center Piping" Histor y Document created by Julia Kinst (juliak@cupertino.org) 2022-07-25 - 8:29:21 PM GMT- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-07-25 - 8:31:34 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-07-25 - 10:14:26 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to eric@bp2inc.com for signature 2022-07-25 - 10:14:34 PM GMT Email viewed by eric@bp2inc.com 2022-07-25 - 10:32:53 PM GMT- IP address: 50.196.147.18 Signer eric@bp2inc.com entered name at signing as eric burr 2022-07-25 - 10:33:53 PM GMT- IP address: 50.196.147.18 Document e-signed by eric burr (eric@bp2inc.com) Signature Date: 2022-07-25 - 10:33:54 PM GMT - Time Source: server- IP address: 50.196.147.18 Document emailed to christopherj@cupertino.org for signature 2022-07-25 - 10:34:03 PM GMT Email viewed by christopherj@cupertino.org 2022-07-25 - 11:00:34 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-07-25 - 11:00:47 PM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-07-25 - 11:00:48 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Matt Morley (mattm@cupertino.org) for signature 2022-07-25 - 11:00:57 PM GMT Email viewed by Matt Morley (mattm@cupertino.org) 2022-07-25 - 11:26:46 PM GMT- IP address: 104.47.74.126 Document e-signed by Matt Morley (mattm@cupertino.org) Signature Date: 2022-07-25 - 11:27:44 PM GMT - Time Source: server- IP address: 66.215.119.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-07-25 - 11:27:52 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-25 - 11:38:38 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-07-25 - 11:38:44 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2022-07-25 - 11:38:44 PM GMT