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16-018 Silver Cloud Tile & Marble, Inc., Re-Grout Two Bathroom FloorsCl1'Y Of' AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO 408-777-3200 THIS AGREEMENT, made and entered into this a day of, ~-{ • is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and SILVER CLOUD TILE & MARBLE, INC. 10605 Foothill Ave. Gilroy, CA. 95020 404MJ42w2093 Hereinafter "CONTRACTOR'), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Re-grout Two Bathroom Floor$). Check box if services are further described in an Exhibit. CZ) EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on February 10 2016 and shall be completed no laterthan April 11 2016. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: i 2,975.00 __ California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold H~rmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liabifity of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be oblig~ted under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. SaJbcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1of3 Short Form Agreement lnsu.m~nca. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) W2rkers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate-all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile Hability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500, 000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)~day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)~day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At alt times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Page 2 of3 Short Form Agreement Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT co .. oRDINATOR and representative for CITY shall be: NAME: __ ,...C ...... hr;.,;;,.is........,,.O""""rr __________ DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CITY OF CUPERTINO: By,~~ 1tl Tit!e: .S vfe../'VcSo....- oc. Sec. #orTax l.D .:t <O) --Coo -s 3:r:z Co r qLr c<.. ·-f <c; :,,, EXPENDITURE DISTRIB-'-U_T.;_;;IO_N_~--,-__,.,.~,..,,,,.........., APPROVALS DEl?.AR+M~ . D ,,,.. ~ --PATE :5' I (p $2,975 Page 3 of3 Short Fonn Agreement i>HOOUCT 118 Jlrnponal No. of Exhibit "A' Wa hereby submit sp11eif1,catl1ons estimates for: 2 lilt> {arnµn)l~ hereby to 1urnish material and labor -complete in accordance with above specifications, for the sum of: , ________ ,,,, ___ _ _ dollars{$ ---------___ ). All malarial Is guaranteed to be as specified. All work 10 be oompleted in a workmanlike manner acc:ording to standard practices. Any alteration or deviation from above specltlcalions Involving extra costs will be exec~rtad only upon writter\ orders, and will llacome an extra charge over and above tha estimate, All agreements con!lt\gent upon sWkes, accldenls or delays beyond our control. Owoar to carry lite, tornado Md other necessary lnsvmntt!. Our workers ar,; fully covered by Worl<mun's Componsalion Insurance, !if f.~ f flptl!Ud ·-The abow. prices, speclficatlons '"'""'"'~ ~--~-.. Signature~-· _._ .... ~ .... ---....... ,. ... ~ .. / te: This proposal may be withd~awf\ by us if not accepted within ---·~-.. -~--.. -~-- Pro er ( 4 0 8 ) 2 9 5 -119 5 Sanfilippo & Sons Insurance Services LLC P.O. Box 471, S.J. 95103 Insured SCLOUOl-XXX Silver Cloud Tile And Marble Inc. 19605 Foothill Ave THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Company State Compensation Insurance Fund A Company B Company c Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE: ISSUED DR 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. co LTR TYPE OF INSURANCE GENERAL LIABILITY Commercial General Uabllity Clair11s Made Ooccur Owner's & Contractor's Protective Umbrella Form Other Than Umbrella Form POLICY POLICY POLICY NUMBER EFFECTIVE EXPIRATION DATE DATE LIMITS General Aggregate Products-Com lated Ops A g Personal & Advertising Injury Each Occurrence Fire Damage (any 1 fire) Medical Ex ense {any one erson) Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Auto Only -Eacg Accident Other Than Auto Only Eaoh Accident A re ate Each Occurrence Aggre ate Statutory limit A WORKERS' COMPENSATION EMPLOYERS' LIABILITY The Proprietor/ Partners/Executive Officers are: 9025032-15 10/01/15 OTHER Incl Exel DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS 11 California Operations City Of Cupertino 10555 Mary Ave Cupertino, CA. 95014 EL Disease-Ea Em lo ee SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL __Jj}• DAYS WRITTEN NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIAS 'rrr OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- SENTAt E~. Aut or e epresen ve _.,, ~/-~.r<: ~Rd CERTIFICATE OF LIABILITY INSURANCE I l.lAT~'MIDriVY) 0 19 16 THIS CERTlflCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ooes NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFfORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE ooes NOT CONSllTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcar. holdet Is an ADDITIONAL INSURED, the pollcy(iel'I) must be ttndor'Sed. If SUBROGATION IS WAIVED, subject to the tenns and eondltlons of the policy, certain polh;:IOB may req1,1lri;1 an endorsem11;mt. A statement on this certificate does not confer rights to tile certificate holdet in Heu of such endorsement(s), PROUUCl!A ~Xi~7 .. ' WALT FIRSTSROOR WALT ~IRSTSROOK INSui:tANCK AGBNC)"' _r.&N:ct '41.)' 408-817-9408 I ~ .. ~w 4oa-3oo-9423 1155 MERIDIAN AVE STK 112 e.i,IAIL _A@FlliSS; ·-SAN JOSE, CA. 9S12S 1Ns,l,IRE8($) Al'~OltDING <;C'IERl\.Ge NAIC_~- ~ ,-" -~NSUREiFI. p.: LIBBR'l'Y MO'l'UAL INSURUCE .. - INSURi;o INSURER l!I: ·-srLVER CLOUD TILK AND WUl.BLE, INC - !N$1,1R!R C: .. 10605 FOOTHILL A'l/BN'UE INSURERD: _ .. ··-GILltOY, 95020 CA. INSUR!RI!: ·" ,. .. _ INSUR!!R ~: COVERAGES CERTIFICATE NUMBER· i:!EVISION NUMBER· THIS IS TO CEmlFY THAT THE POLICIES Of INSURANCE LISTED SELDW HAVS BEEN ISSUED TO '!'HE INSURED NAMED AflOVE FOR THE POLICY PERIOD INDICATED. NQTWllHSTANOtNG ANY f'l.EOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENi WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFORDED SY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAIO CLAIMS. w:~ ..;ooi.SUBR ,.':Slr!%'/ri~1 1,oLICYEXP - TYPI! OF IN5URAlllCI! ........... ,~ !'DLICY NUMllER LIMITS GENERAL L.IAl!llLITY i;ACH OCCURRENCE $ l,000,000 ...__.... COMMERCIAL GENE!'w. LIABILITY D""""'~-JQ_n.o; .. 'cu _s l,000,00Q. -,_Ef.:I;t.!l~E!i (lil 2!l!;umin""l ~ Cl,AIMS·MADE D OCCVR MEO li!CPIANone parson) $ 10,000 F'EJ'l.S.ONAL & ADV INJURY s 1 000 000 ---· ·--•' GENER.Ill.AGGREGATE s 2,000.000 -nL AGGRE~E !.IMIT nS PER; PRODUCTS -0'!MF>/OP AGG $ POLICY I ~~9,: LOC $ AUT0M(JBILI! LIAlllLITY :SAS{l7)56339089 01/31/16 Ol/31/:t. 7 )f.~~Jll~llNGLE Ll~l·l· ~ -~ ·- Mf'f AUTO EIOOIL Y INJVRY (~r poo!OnJ s --ALL OWNED ~l_ SCHEDULED .. _ OOC>I!. y INJVRY (Per accident) s -AUTOS AUTOS .-- H1,.,;DAUTOS NON-OWNIOD ~ERTY OAMl'ite s --AUTOS -~i9'1nt) -$ UMl'.JRE!~!.A LIA.II I -I OCCUR EA~H OCCURRENCE s -·- i;xcESSUAl!I CLAIMS·MADE ~(>~RI;GATE -~" -· DED I I AETENTION it s WQll:KERS COMPEN!l.'TIQtl ~srn1~~/ jOJ~· ANO !MPLOYl!"S" LIAllll.J'J'V' 'l'/N tl.l.Y. ANY PROPRIETQl'IJj:>ARTNERl~XECIJTIVE D NIA E,L, EACH ACCIDENT s OFFICERIMEMEll:R ~l(CLl)DEM (M~lnNH) E.L. O!Sl'ASE • i;:A !'MPLOYEE $ ~lfc~~~ ~~PERA'riONS b.Jow E.L. DISEASE -POLICY ~IMIT $ D!SCIUl'TION OF oPIOMTION$/ LOCATIONS I VEHICLl!S (Atl.otih ACORD 101, AddldQll•l ftmn~tka 9che4uto, Jf lllQill •p""o I• li!IQull'$dl CERTIFICATE HOLDER CI~Y OP CUPBRTINO ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE AB0'¥'E 0£$C::RIBl!.D POLICIES SE CANCELLED BEf"O~E THE EXPIRATION DATIS THEREOF', NOTICI: WILL BE 01;1.,IV~RED IN ACCOROAHCE WITH THE POLICY PROVISIONS. 111-010 CORO CORPORAllON. All tights reserved. The ACORD nama and logo are regi&t(lrad marks of CORD --= !m -~ iii!!!E !!ii 1 ~ ......... ~ ~ ~ =-=-!!!!!!! iiil ii'! !!!!!!!!!!!!!!! 8 ;;;;;;;;;;;;;;; m:::ii !!!!!!!!!!Iii ~ ~ O! l> ~ 12/17/15 ~Libertx ~ Mutuat INSURANCli ITEM ONE: Named Insured Coverage Is Provide~ lt1: Ohio Sec1,1rity Insurance Company • a stock company Business Automobile Polley Declarations ~gant SILVf:!{ CLOUD TILE AND MARBLf.I, INC (707} 773-360 I AGENCY S8RVTCE BUREAU ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS Polley Number: BAS (17} 56 33 90 89 Policy Period: From 01/31/2016 To 01/31/2017 12:01 am Standard Tima at Insured Malling Location This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply onty to those "autos" ~hown as covered "autos". "Autos" arc shown as covered "autos'' for a particular coverage by the entry of one or more or the symbols from the COVERED AU·ro Section of thi; Husincss Auto Co~erage Form next tt; the name of the coverage. *See Business Auto Coverage Form CA 00 01 for Cove1·ed Auto Symbol Descriptions COVERAGES LIMIT Liability Insurance $1,000,000 each 11ccident Covered Auto Symbol(s) 01 111 Medical Payments $5,000 per person Covered Auto Symbol(~) 07* Uninsured Motorists $500,000 each accident Califomia California Uninsured Motorists Coverage • Bodily lnjuey Covered Auto Symbol(s) 07* Physical Damage Refer to Item Three Comprehensive Covered A11t() Symbol(s) 07* Collision Covered Auto Symbol(~) 07-r. Mi!Cellaneous Coverages Business Auto Enhancement Endorsement Terrorism Coverage Total Provisional Charges: n.111JPQl't a tJlalm, call your Ag1mt or 1-IW0-362-1)(}1)() DS 70 43 01 US 56338088 POLSVC:S 270 INSUHEIJ COP\' PREMIUM $1,975.00 $252.00 $279.00 $258.00 $510.00 $50.00 $17.00 $3,341.00 NQtet Thi,f iJ not a bJl/ 001258 PAGt 15 OF 62 12/17/15 ~Libcrtr. ~Mutual INS URA NC! Named Insured C<>verage 111 Provide~ In: Ohio Security 1m:urnnce Company • a stock company Buslnes$ Automobile Policy Declarations Agent SILVER CLOUD TILE AND MARBLE, INC (707) 773-3601 Policy N1,11nber: · BA$ (17) 56 3:i 90 89 Policy Period; From 01/31/2016 Tn 01/31/2017 12:01 am Standard Time at Insured Mailing Location AGENCY SERVICE BUREAU !l-JMMARY QF COVERE£l VEHICLES UNIT YEAR MAKEJMODEL 001 2001 DODGE 3500 002 2001 DODGE 3500 003 2006 DODGE 3500 To report ff c/fl/m, call your Agent or 1·800-362-0000 OS 70 43 01 08 56339089 POl,$VCS 270 VIN TERR ST CLASS ZIP SYM/COST 3B6MC3661 IMS24833 074 04 21189 95020 $26,880 3B6MC366 71 M542432 074 04 21189 95020 $33,000 3D7MX48C I 6G 156609 074 04 211S9 95020 $39,900 GCA~PPNlJ INSURl:D COPY PNii:. 10 or s~ en :::J" -6' -I 0 CUPER'T'INO City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www.Cupertino.org VENDOR 320 -Silver Cloud Tile and Marble, Inc. Silver Cloud Tile and Marble, Inc. 10605 Foothill Drive GILROY, CA 95020 REFERENCE# QUANTITY HJSll& DESCRIPTION 1.0000 Each City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www.Cupertino.org Purchase Order No. 2016-00000446 DATE 02/18/2016 PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES, SHIPPERS, BILL OF LADING AND CORRESPONDENCE DELIVER BY SHIP VIA FREIGHT TERMS PAGE 1 of1 ORIGINATOR: Chylene Osborne DESCRIPTION: Re-grout two bathroom floors UNIT COST TOTAL COST 2,975.0000 $2,975.00 100-87-832 900-990 -Capital Outlay Special Projects -PW 2,975.00 ~ TOTAL DUE $2,975.00 • DATE 02/18/2016 Authorized Signature Special Instructions