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17-121 Clark's Hardwood Floors, Resurfacing hardwood floor at Senior CenterCITY 01' CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 THIS AGREEMENT, made and entered into this_ 1 O ______ day of August 2017 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Clark's Hm·dwood floor Inc. __ 251 E. Hacienda Ave. Ste A Campbell, ca. 95008 Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: Resurfacing hardwood floor CONTRACTOR shall provide or furnish the following specified services and/or materials: Sanding the hardwood floor and putting one coat of sealer and two coats of Bona Mega water base polyurethane. Check box if seNices are further described in an Exhibit. C{J EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ___ A TERM: The services and/or materials furnished under this Agreement shall commence on August 23, 2017 and shall be completed no later than ~August26,2017 __ _ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $ 2,665.0Q 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 Harmless. 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 liability 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 obligated 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. Subcontracting. 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 Page 1 of3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: (3) (4) Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. 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 an 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 Page 2 of3 Short Form Agreement 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 rrmster and servant exists between City and undersigned. At al! 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 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. Ch~nges. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO~OROlNATOR and representative for CITY shall be: NAME: Rudy Lomas. ____________ DEPARTMENT: Facilities Dept._ This Agreement shall become effective upon its execution by CITY, in witness thereof1 the parties have executed this Agreement the day and year first written above. CONTRA~ /7 A CITY OF CUPERTINO: By ~ ~_,( ByTyBloomquis~ ~ Title: Acting Facilities/Fleet Supervisor __ _ DATE 6 (8 l':+-LJ..,Z.-=..::::=::..-=:..!::1~~~.,Q'k~~=---f.....J..::~..::.!__L ______ ,. ____ __,_ ___ ___, ' Page 3 of3 Short Form Agreement Addendum to Contract No. 2018-00000170 Between City of Cupertino and Clark's Hardwood Floor Inc. City and Contractor hereby agree to the terms and conditions of this Addendum, as follows: Licenses and Permits. Contractor represents it has all the licenses and permits required to conduct the work under this Contract, including possession of a City business license. Contractor is solely responsible for obtaining any required building permits or similar governmental authorizations for the Work, at Contractor's sole expense. Labor Code Compliance. Contractor agrees to comply with state labor law requirements pertaining to wages. Contractor also agrees to abide by legal requirements relative to working hours and workers' compensation insurance. The Contract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft, classification or type of worker needed to perform the-worR.- Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. Contractor must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812. Workers' Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Addendum, Contractor certifies as follows: "I am aware of the provisions of Labor Code Sec. 3700 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 performance of the Work on this Contract." Standards and Compliance. Contractor will use its best efforts to complete the Work in a professional and expeditious manner. Contractor's workmanship must meet or exceed industry standards and must comply with all applicable laws, regulations, rules, and requirements, including City ordinances. By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. Independent Contractor. Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. Indemnity. To the fullest extent allowed by law, Contractor must indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers (individually, an "lndemnitee," and collectively, the "lndemnitees") from and against any and all liability, claims, stop notices, actions, causes of action, demands, losses, damages, and expenses (including legal expenses) whatsoever, including liability arising from an injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Contract or the Work ( collectively, "Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the active negligence, sole negligence, or willful misconduct of an lndemnitee(s). Insurance. Contractor must maintain the insurance coverage required for this Contract through the date of City's acceptance of the Work. The coverage must include policy types and limits specified in the agreed-upon Contract, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor's performance under the Contract. The insurance must be issued by a 1 company or companies acceptable to City and licensed to do business in the State of California, and each insurer must have an AM. Best's financial strength rating of "A" or better and a financial size rating of "VII" or better. If Contractor fails to provide any of the required insurance coverage, City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments due to Contractor, or terminate the Contract. The insurance policies required for this Contract and the limits are set forth in the Contract dated August 10, 2017. a. It will 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 will be made available to the Additional Insured and will be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy, whichever is greater. b. The Additional Insured coverage under the Contractor's policy will be "primary and non-contributory" and will not seek contribution from the City's insurance or self-insurance and will be at least as broad as CG 20 01 04 12. c. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance will contain or be endorsed to contain a provision that such coverage will also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City's own insurance or self-insurance will be called upon to protect it as a named insured. d. Contractor will maintain insurance as required by this contract to the fullest amount allowed by law and will maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the contractor. e. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section, except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. f. Required Endorsements. The required policies must include the following endorsements, unless waived by City: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured; (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss; and (3) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. Dispute Resolution, Law and Venue. Any dispute arising under or relating to this Contract is subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., which are incorporated by reference. Interpretation and enforcement of this Contract is governed by California law. Venue for any legal action filed in relation to this Contract is the Superior Court for the County of Santa Clara, California, and no other place. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be 2 deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair/replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. Integration. This Addendum, Contract, Attachments, and documents and statutes referenced or expressly incorporated herein, including any duly authorized and executed amendments or change orders to the Contract, constitute the full and complete understanding of every kind or nature whatsoever between City and Contractor with respect to the Work. No oral agreement or implied covenant will be enforceable against City. If any provision or authorized modification to this Contract is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, all other provisions will remain in full force and effect. Survival. The Indemnity, Dispute Resolution, and Warranty provisions expressly survive termination or expiration of the Contract. Each provision and clause required by law to be inserted in this Contract is deemed to be inserted, and the Contract will be construed and enforced as though each was included. If through mistake or otherwise any such provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two corporation officers are required per California Corp. Code Sec. 313. By ___________ _ Name __________ _ Title _________ _ Date ----------- APP~OV~D AS TO FORM.: -·· . · I .. , ., .. 1// ( ....... ,/ •7 //. ,. !'··; ... -, By··-..:\,·'"" ""--.,,,..,_, .. ,~ .. .,~?.··· (i:'>7 i::.:/ ,-.. ';> ...... , "-4' V Nam9 -~ .. :::::__c, c:~-;-l) L,l. -; .. ;,.· .. , ... .e .. ,v f~J City Attorney Date 8 -I 7 -· 2-c), 1 A7~ dtfl-._ ~ a fZ ( draceschmidt City Clerk ( ( Date 8 r 8 < ';.)..... 3 ' ----- Clark's Hardwood Floors, Inc. 251 E, Hacienda Ave., S'te A Campbell, CA 95008 (408) 866 .. 5485 Name / Address City of Gupertino 10555 Mary Ave. Cupertino, CA 95014 Project Address 2125 Stevens Creek Blvd Cuper Item Description labor/sanding FOUNTAIN ROOM -(3/4 x 2 1/4 red oak)sand, finish, apply 1 coat sealer & 2 coats Bona Mega water base polyurethane Atomic dust fr... optional -use of atomic dust free system discount amount discount -no charge for dust free system FAX (408) 866-8313 license #314894 Qty-SFt/LFt 410 Commercial grade water base is additional $.50 per sq ft (Traffic) Fourth coat is additional $1.00 per sq ft All baseboards trims and moldings not included in contract arc an additional cost. Payment Upon Completion. I Total Exhibit A Proposal Cost 6.50 500.00 -500.00 Date 8/3/2017 Estimate# 796 Project Name Phone# 777-3111 Total 2,665.00 500.00 -500.00 $2,665.00 Signature ,-.---------------------·--·-----------------------,--------~ ACORQ,, CERTIFICATE OF LIABILITY INSURANCE DA TE (MM/DDIYY) 08/11/2017 PROOUCER (248)926-1300 Fishman Agency, Inc. 3060 S. Commerce Road Walled Lake, MI 48390 ---~F.rx (248)926".:37of··---. THIS CERTIFICATE IS ISSUED AS A MATIEROF INFORMATION ONLY AND CONFERS NO RIGHiS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 1NSURED Cl arks Hardwood Floors Inc. · Insurance 2Sl E Hacienda Ave Ste A Campbell, CA 9S008 INSURER G INSUHER () INSU!ll:l'l I'. COVERAGES THE POLICIES OF INSURANCE LISTED BEi-OW HAVE BEEN ISSUED TO THE INSUl~l:D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEHTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED l3Y THE POLICIES DESCHll3ED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGHEGATE I.IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl.AIMS. 1rfr-·--TYPE OF INSURANCE·-····----.. --...... -............ POUCY NUM.BER ·------·-Jfilfil.lm~ 1~~~~ct~~N ···------·-··-··---~~;---·------·-·--- -~_l;'_NERAL LIABILITY BKSS7704008 I 03/15/2017 03/lS/2018 '.~0'.:'.!:..~~5:_l!_l:~11'_1:l~~---·---· $ ______ l, 000, 000 :== -] CLAIMS MADE [8] DCC UR I ~UEXI'_ (Any 01w P"!.::'."'!._._ $ ------· 10 , 000 X tC· OMMEHCIAL GENERAL I.IA81l.lTY i FIRE' DAMAGE (Any one lire) $ l , 000 ,_000 A ....... ·--·-·----.. -·--·---------~_55~:::~AL ~_D~;".:~!;_':'___ ~---· 1,000,000 '........ ·--·-·-·--····--·---·-·-·-· GENERAL AGGREGA~-S ____ 2_, 000 ,.000 GEN'L AGGREGATE LIMIT APPLIES Prn _l'_ROD~~;::'!_:~~!.:_<:_P_~!_l~. ·~-------2 , 000 1 000 ---i POLICY r·1 'Jk'g: 1 --· 1 LOC 1---t-~ BAAS7704008 -·-------+----:---c---1---.,.....~-,----1-------------·-·---------! 03/lS/2017 03/lS/2018 AUTOMOBILE LIABILITY X ANYAUTO -- A ----- ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMlllN[O SINGLE LIMIT s _ (Ea acc,den\) ··---·-• ---l ,_000, OOO BODILY IN.JURY (Per pers0r11 BODILY INJURY (Por accrd€nO Pf!OPERTY DAMAGE {Per accident) $ l----t--'------·------+------------------------------+---·~-~-----------------1 AUTO ONLY· EA ACCIDENT $ OTHER THAN AUTO ONLY EAACC $ AGG S GARAGE LIABILITY R ANY AUTO 1---+---'------------t--------------------+-------------+------------------l A EXCESS LIABILITY [] OCCUR c-j CLAIMS MADE -1 DEDUCTIBLE ··-1 RETENTION S WORKERS COMPENSATION AND EMPLOYEHS' LIABILITY. XWWS7704008 04/01/2017 EACH OCCURRENCE $ ~-~-~-----·--··· .. -·-··,..----~-... ---·-~---·-·· AGGllEGATE $ ···-··------~-----··-~t--··-------·----· $ ------·-------f----·-----·-~ $ 04/0112018 -~-Lto\~J:.fJH;J_J5:lt .. . . ,. _ ". 1. EACH AccrDrnr __ · ··· s 1, ooo, Ooo ,_EL DISE.ASE • EA EMPtOYE~ S _ 1,000,000 E.L. DISEASE· POLICY LIMIT $ 1,000, 000 1----t------------------·-----··----+------1---------t---------~--~-~~- OTHER DESCRIPTION OF OPERATIONSiLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ~ity of Cupertino added as additiona'l insured. Waiver of subrogation applies to General Liability, Auto liability and Workers Compensation CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTE!l: ·-· • City of Cupertino 10300 Torre Ave Cupertino, CA 9S014 ACORD 25-S (7/97) CANCELLATION SHOULD ANY OF THE ABOVEl DESCRIBED POLICIES Be CANCELLED BEFOHE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -1.Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGEN'fS OR REPRESEN'fATNES. AUTHORIZED REPRESENTATIVE Traci Pych ©ACORD CORPORATION 1988