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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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000/Rev.Sept.2019 Page 1 of 12 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. i 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. Public Works Project;City Hall-)environmental and Administration Remodel Public Works Contract$60,000 Nov.Sept 2019 Page 2of12 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 i 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. Public Works project:City Hall-EnvironmentaI and Administration Remodel Public Works Contract$60,000/Rev. Sept.2019 Page 3 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 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: i i (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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000Rev.Sept.2019 Page 4 of 12 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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000/Rev.Sopt.2019 Page 5of12 (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. Public Works Project:City Hall-]Environmental and Administration Remodel Public Works Contract$60,000/Rev.Sept.2019 Page 6of12 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 Public Works Project:City Hall - Environmental and Administration Remodel Public Works Contract$60,000/Rev.Sept.2019 Page 7 of 12 (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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000IRev.Sept.2019 Page 8 of 12 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. i 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. i 19. GOVERNING LAW, VENUE AND DISPUTERESOL 1JO1V I I i 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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000Nev.Sept,2019 Page 9 of 12 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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000Rev.Sept.2019 Page 10 of 12 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 i 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. Public Works Project:City Hall-Environmental and Administration Remodel Public Works Contract$60,000/Rev.Sept.2019 Page 11 of 12 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 I I ATTEST: By: KIRSTEN SQUARCIA,City Clerk DATE: i Z!Zo 1 I Public Works Project:City Hall-Environmental and Administration Remodel Publlo Works Contract$60,000/Rev.Sept.2019. Page 12 of 12 I 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 ,r�?. - - :.:•:+axr,�v-`a';gr..:•:.v N:•;;aiq �_.;, ;.,�e.�r•�atv..r rv-_A.�..r;x-- ,:�,". ^:tl -zn -.nt a+'rr.-.N-x .r;::v.[•-.:.ay.. .-, •. �- fr.�rlf0 '31, ti'd`>">-` `{Yt,t;�}_'��,s•;Sr+,�y%'�a, 7�t •t�'-*� �r r,rr`^�"=7;,r-a�-�1:t F.::-,.,�::.. ....••rw-2,_i,ti.G..e.•,.�.43.+•, .. -�y-n.�-+s' :£T� �•3.e.§31. }�Si,+s:a:"."�•, �;r,�si�: .-e:e7ns�ei.K�.��' '�" gS 4i�,�t s�9.^aF.�:.= 4r{�� •✓ _ .x-'a....� �+xd:--£c'_x•xsa:-:�:.:ttr,arre..r, a:Y€�'s�:;;j Quote: 24504-02 Description: HR area reconfigure-Product+Labor Document date: 2/20/2020 Payment terms: Net 20 Days Expiration date: 3/21/2020 ac:-, z'!. �!s!:-n ,+r•"R,,"'"�s #r:.��'�'.S:d!'?y. t o•'("i aF-^p,h b v9,:T - '"•�;;^�' :,rl-•.4,s'Cb: .c .r, rr 5' r-x-•; 66Y@81Ri�'Fo f G- �' �'� �,i4 �:��'�-a a��s.3. �€" r}�#T•t, �'1"4y'?`° '�" .�,.t3 .`�`-; A.. .- �'`� tn�:-s'�,•�c ;: �- _a:.,,, :�.�„� c! �'�`1 a �,'-b+ '��'��s� r„ 7:��r`;�`°��:-�'��:r"G'x`'c�iz.5�'���f ':.�z»i'1 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 :-• li :.: r... .. Mich.,` .. Extend :..- ;,.-, ' ed tY:. p_ � _ 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 i i I Total nontaxable $460.00 j Total taxable $15,518.56 Tax $1,396.67 TOTAL AMOUNT-USD $17,375.23 I I I I I 1 I 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: i Print name dV ��2,�QQ 0 • U I LFS�L - = ) wor-'�, 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