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12-132 Burr Plumbing and Pumping Inc. Agreement for cleaning, root removal and line flushing of drain inlets AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BURR PLUMBING AND PUMPING INC.FOR CLEANING,ROOT REMOVAL AND LINE FLUSHING OF DRAIN INLETS AND CATCH BASINS WITHIN THE CITY OF CUPERTINO., THIS AGREEMENT, for reference dai:ed 11/15/12, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and BURR PLUMBING AND PUMPING INC., a California corporation whose address is 1645 Almaden Road, San Jose, CA 95125 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for CLEANING, ROOT REMOVAL AND LINE FLUSHING OF DRAIN INLETS AND CATCH BASINS PER PROVIDED LIST AND MAP WITHIN THE CITY OF CUPERTINO., in accordance with the proposal dated 10/20/12. (referred to as exhibit A) NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within fifteen (15) calendar days after receiving notice from the Streets Supervisor to commence the work, and shall diligently prosecute the work to completion before the expiration of fifteen (15) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated 10/20/12,(referred to as"exhibit A) in accordance with the provided list and map of locations of inlets and catch basins to be cleaned/hydro flushed (referred to as exhibit B) hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" 1 and incorporated herein by this reference. Payment shall not exceed$20,000.00 for the"96" sites to be cleaned. Contractor shall itemize hours,extend hourly rate and totals per location. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City,to be taken from the general fund. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute,rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items,if required,are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT(IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder,pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status,pregnancy, sex, age,or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: 2 Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections 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. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be hilly responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 • each occurrence $2,000,000 3 aggregate-all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE:, The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 4 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement.. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports 5 concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designee's at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three(3)years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified,addressed as hereinafter provided. All notices,demands,requests,or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Chris Mertens All notices, demands,requests,or approvals from City to Contractor shall be addressed to Contractor at: Burr Plumbing and Pumping Inc. 1645 Almaden Road, San Jose CA 95125 Attn. Eric Burr 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters 6 and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes'but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash,litter,and debris at the end of each work day. Contractor shall also clean up any leaks, drips,and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection,and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor,pursuant to Cal. Water Code ' 13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven(7)days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that:..s earned and unpaid prior to the effective date of termination. 7 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant,or condition contained herein,whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor,which is not a result of his or her operations, shall immediately be reported to City. 26. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 7:00 a.m. to 4:00 p.m. unless 8 prior written approval has been secured from City to do otherwise. 27. REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 1) 29. CAPTIONS: p b S--2` O The captions in this Agreement are for convenience only,are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Burr Plumbing and Pumping Inc. A Municipal Corporation By -,;�-.� By -1 y vtik$,c i e C � �f%/� �� Title A), `t vb ,c., WIv s Date / ...1C? /2 Date 1\Iv;I RECOMM ►`s%`D FO APPROVAL: / By ��._.,. 2 Title ' , /, s/- �'� of v �4 cnt APPROVED AS TO FORM: B City A orney ATTEST: / r I‘CS. -Y---1.--S1 City_Clerk LO t-aG�' f�r0✓.� i A'p+ J-D Ce,a( cop.e, 4CCvvw, .• Ito - $4OI - 701`1 10 Exhibit "A" • <RA) E PROPOSAL BURR PLUII1BII16 6 PUMPING //VC. No. 6181b 1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A.C36,D21. Proposal submitted to: City of Cupertino Date Submitted: 10-20-12 Description: Storm Drain Cleaning (T&M) Phone Number: 777-3344 Job Name: Street: 10555 Mary Ave. Job Location: Various Locations Throughout Cupertino City, State, ZIP: Cupertino, CA 95014 Job Phone: Fax Number: 777-3399 Cell Phone: 510-1200 E-Mail: chrism( cupertino.orq Contact: Chris Mertens We hereby submit specifications and estimates to clean storm drain catch basins and/or storm drain lines as directed by the City of Cupertino's representative. Our hourly scope of work will include mobilization, dewatering pit/operation, water acquisition, access to drains and basins, hydro flushing, root cutting, vacuum removal of waste materials and disposal. Scope of Work: 1. Vacuum clean all basins and pressure wash each basin as necessary. 2. Hydro flush, as required, to clear debris and/or roots from identified storm lines (as directed by City of Cupertino representatives). catch baskets will be utilized to capture solids and minimize waste removal. Any materials necessary to complete scope of work safely and efficiently will be in addition to our hourly rate. This wi include all consumables(i.e. water, gloves. safety glasses, etc.) and all disposal costs. /i ;,,za i."�., 4 Various tooling will be available to help effect desired cleaning results, including hydraulic roots saws, chain flail saws. grenade bombs, flushing heads, etc. Burr Plumbing will provide an onsite mud/dewatering pit to decant excess water and capture solids. All solid spoils and dewatering pit components will be off hauled at end of r roject. Burr Plumbing will provide all necessary safety equipment, cones, delineators. flaggers, arrow boards and/or any other necessary equipment. Burr Plumbing will provide occasional video inspections throughout project to gauge efficacy of work being completed as well to determine source of problem areas (difficult to pass or properly c lean). Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees, as required, will be additional. 3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Wall, ceiling, flooring, framing and surface finish repairs. 6. Responsibility for any existing or other systems and work not directly related to our work 7. Responsibility for any electrical, plumbing, drains, fire sprinkler and/or controls not expressly included in this proposal. 8. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 9. Any unknown or unforeseen circumstances. 1 1 P a a e Burr Plumbing & Pumping, Inc. Initial (42g) PROPOSAL BURR PLUIIIBIIIG PUMP/Na /NC. No. 6181b 1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A,C36,D21 We Propose to hereby furnish material and labor—in accordance with above specifications For the sum of: Two Hundred &Forty Dollars (per hour) ($240.00/hr) Payment to be made as follows: Payment due upon completion of scope of work Burr Plumbing & Pumping, Inc. Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above,and further represents that he or she has read,understood and agreed to the terms and 'ponditiogs let fgrth on the last page of this Proposal. STATE LAW`REQUIItES ANIODIEINHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS'STATE IiICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING-IF THE TOTAL PRICE OF THE JOB Ig$500 OR MORE(INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT,AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION. The services to be provided by Burr Plumbing&Pumping, Inc. DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: Company: 2 I P a g e Burr Plumbing & Pumping, Inc. Initial BURR PLUmDlt16 PROPOSAL • PL/MP/Na /NG. No. 6181b 1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287•2877 * Fax (408) 287-2844 License#730349 A.C36,D21 Conditions of Proposal 1. Allowing Burr Plumbing&Pumping,Inc.("Burr")to commence work or preparation for work constitutes acceptance by you of this Proposal and all its terms and conditions. Quotations herein,unless otherwise stated,are for immediate acceptance and are subject to change. 2. BURR shall be paid monthly progress payments,or as outlined in this proposal.if progress payments are provided in this proposal,on or before the 10 day of each month for the value of the work completed plus the value of materials and equipment suitably stored less the aggregate of previous payments made to BURR. Final payment shall be made within 30 days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to the project site. 3. Back charges shall not be considered valid unless contained in a writing signed by BURR before the work is executed. 4. All sums not paid when due shall bear interest at the rate of 11/2%per month from the due date until paid or the maximum legal rate permitted,whichever is less;all costs of collection, including the actual attorney's fees and costs incurred by BURR,the actual expert fees incurred by BURR and costs as;defined by the California Code of Civil Procedure shall be paid by Owner or its representatives. 5. If Owner or its representative fail to make a payment to BURR as provided herein,BURR may stop work without prejudice to any other remedy it may have. 6. Owner or its representative is to prepare all work areas to accept the work of BURR under the contract. BURR will not be called upon to start work until sufficient areas are ready to insure that BURR may continue to work until completed. 7, After acceptance of this Proposal,BURR shall be given a reasonable time in which to make delivery of materials,equipment and labor and to complete its work under this Proposal. BURR shall not be liable for delays or defaults where occasioned by any causes of any kind and extent beyond its control,including but not limited to delays caused by the owner,general contractor,architect and/or engineers,armed conflict,acts of terrorism or economic dislocation resulting therefrom, embargos,shortages of labor,equipment or materials,production facilities delays or transportation delays,labor difficulties, civil disorder of any kind,the actions of civil or military authorities,vendor priorities and allocations,fires,floods,accidents and acts of God. 8. All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. This warranty is in lieu of all other warranties,express or implied,including any warranties of merchantability or fitness for a particular purpose. BURR will not be responsible for special,incidental or consequential damages and shall not be responsible for damage to its work occasioned by other parties. Any repair work necessitated by damage caused by others directed by the Owner or its representatives to be performed will be considered extra work. BURR's responsibility for damage or loss in transit ceases upon delivery in good condition to a public carrier. 9. Work called for herein is to be performed during BURR's regular working hours. Overtime rates will be charged for all work performed outside such hours as an extra cost to Owner or its representative. 10. All materials shall be furnished in accordance with the respective industry tolerances for variation in color,thickness,and size,finish,texture and performance standards. 11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor, BURR may file a mechanic's lien,stop notice,payment bond claim or other claim on its own behalf in the event that any payment due to BURR is not made as and when provided for in the terms of this Proposal. 12. The subcontract form used between BURR and Owner's General Contractor will be the A401 subcontract,then current,as published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and this Proposal,or when the contract documents between Owner and its General Contractor conflict with the terms of this Proposal,then this Proposal shall govern. 13. Owner or its representative shall furnish all temporary site facilities,including suitable covered storage facilities and hoisting as required at no cost to BURR. 14. Owner and its representative,including its General Contractor,shall make no demand for liquidated or delay damages in any sum which may exceed any such sum specifically provided for in this Proposal,and no liquidated damages may be assessed against BURR for delays or causes attributable to other contractors or arising outside the scope of this Proposal. 15. Owner or its representative,including Owner's General Contractor,shall purchase and maintain property insurance upon the full value of the entire work and/or materials to be supplied which shall include the interest of BURR. Owner or its representative,including Owner's General Contractor shall furnish to BURR evidence that it has named BURR as an additional insured on said policy of insurance in an amount of no less than$1 million. 3 I P a g e Burr Plumbing & Pumping, Inc. Initial Exhibit "B" 2012 Storm Drain Outside Service List Root Line Grate too Addross Problem flush large S/B Wolf Rd 380'North of Vallco Parkway S/B Wolf Rd 270' North of 280 Offramp S/B Wolf Rd 214' North of Stevens Creek Blvd 3rd Drain Westbound Stevens Creek W/O Wolf 1 10741 Wolf Rd. S/B, Basin in frount of address 1 E/B Stevens Creek at 85 on ramp 10200 S. DeAnza Blvd,just before driveway by Armadilo Willies(N/B) 1200 S.DeAnza Infront of address(N/B) 10260 S.DeAnza 210' Before Rodrigues (N/B) 19622 Stevens Creek 3rd drain back from Market Place entrance 1st drain northbound Wolf Rd. N/O Stevens Creek 2nd drain northbound Wolf Rd.N/O Stevens Creek Last drain northbound Wolf Rd.1/S/O Homestead 1 E/B Homestead at Leonard Ave.4th Apple entrance,this one is the large 1 grate on east side of driveway. 4th Apple entrance E/B Homestead Rd from Wolf Rd,this one is just as you 1 turn in. 3rd drain E/B Homestead from Wolf Rd.in 2nd Apple entrance 1 1 6th drain E/B Homestead from Wolf Rd. 1st drain passed 3rd Apple entrance. 1st drain Eastbound Homestead from Wolf Rd. 1 East end of Blossom Lane 1 10313 Westacres Dr 1 20871 Tula Ct.(drain in front) 1 10370 Stelling Rd.(northbound) 1 7453 De La Farge Dr(drain on Westlyn Way) 1 1010 Westlyn Way 1 1147 Kentwood Ave 1 7440 Rollingdell Dr(drain on Steeplchase Ln.) 10745 Bollinger 1 7543 Bollinger 1 7756 Kerwin _-_1—--- 10441 Pacifica Dr 1 19781 Bixby Dr 1 Mello Pl. both drains in this court. 1 10133 S.Portal Ave Northeast corner of this address 1 across street from 10133 S.Portal ave. 19995 Lindenbrook 10744 Morengo Dr. 18765 Tuggle Ave. 10660 Gascoine Dr. Two drains IFO 10606 Sterling Blvd. 18920 Loree Ave. 18644 Loree Ave. 10400 N.Tantau Ave.S/E coner of intersection. 1 Forge Dr @ Swallow Dr. N/W corner 1 2012 Storm Drain Outside Service List 10670 Pruneridge Ave 1 115'East of Tantau on north side of Forge Dr. 1 E/B Pruneridge Ave.2nd drain passed Ridgeview Ct. 1 N/B Finch @ Vallco Parkway 2nd Drain E/B Vallco PKWY from Wolfe Rd. 19333 Vallco Parkway W/B 1st driveway. 1st Drain W/B Vallco Parkway from Tantau 19640 Auburn Dr(end of street) — 1 10461 N.Portal Ave. N/E corner of property 1____. 19750 Drake Dr.drain on Drake court side. 1___ 10510 Deodora Dr. 1 10390 N.Blaney Ave. 10656 Blaney ave in the cul-de-sac 10332 Parlett PI. —1 10141 Parlett PI. 1 Across street from 10246 Vista Dr. 1___-_ 20206 Forest X street Vista Dr. ._1 10415 Cherry Tree Ln. 1 10266 Plum Tree Ln. 1 20987 Greenleaf Dr. 20883 Elenda Dr. 29545 Blossom Ln. 10051 Bianchi Way. 1st drain N/B Torre Ave.from Rodrigues 856 Shadygrove Dr(drain on Ferngrove side) 851 S.Tantau ave. (drain on Shadygrove side) 646 Phil Ct 10850 Wunderlich Dr 1st drain N/B Bandley Dr from Mariani Ave 2nd Drain S/B Bandley Dr from Valley Green 20696 Hanford Dr 20696 Fargo Dr. 10655 Mary ave 10490 Castine Ave. 21001 Hazelbrook 1 S/B Stelling before Stevens Creek(near Sports Center driveway) 10651 Castine 21366 Amulet 10103 Alhambra Av. IFO 10171 Santa Clara ave 10403 Noel Ave 10402 Noel Ave. 21631 Stevens Creek(drain on Peninsula Ave) 21966 Oakleaf Ct 10107 Crescent Ct(Est.side of road noth end of prop) 22291 Hillcrest Rd 1153 Candelight Way. 22167 Wallace Dr. 10300 Stonydale Dr 2012 Storm Drain Outside Service List 10810 Peninsular Ave. 1137 Scotland Dr(drain on Hollandarry PI) 7504 Hollandarry PI. 1175 Crestline Dr. Totals 38 41 19 List Count 96 BURRP-1 OP ID:SL Akleeee °- CERTIFICATE OF LIABILITY INSURANCE I DATE(MMODNVY 11126!12 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 poiicy(les) must 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 800-989-871 2j ' Bozzuto & Associates Insurance One Almaden Blvd Suite 810 408-288-7130 PHONE No,EXq: I(AIFAX C,No): San Jose, CA 95113 ADDRESS: Linda Ellis INSURER(S)AFFORDING COVERAGE NAIC f INSURER A:Scottsdale Insurance Company 41297 INSURED Burr Plumbing and Pumping, Inc INSURER B:Golden Eagle Insurance Corp. 10836 1645 Almaden Road INSURER C:State Comp Ins Fund of CA 35076 San Jose,CA 95125 - INSURER D: INSURER E: i)NSURER F: COVERAGES CERTIFICATE NUMBER: 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 -ADDL SUBRI - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,INSR wvn POLICY NUMBER IMMIDD/YWY1 fMMIDDIY YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I,000,00C A X COMMERCIAL GENERAL LIABILITY X X BCS0028666 08/31/12 08/31/13 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,004 CLAIMS-MADE © OCCUR MED EXP(Any one person) $ excluded X Railroad Liab PERSONAL&ADV INJURY $ 1,000,00C GENERAL AGGREGATE $ 2,000,00C GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00C -I POLICY n PF T n LOC Emp Ben. $ 1,000,00C AUTOMOBILE LIABILITY CORBINEU SINGLE LIMIT 1,000,00 (Ea accident) B X ANY AUTO X X BA6855735 07/22/12 07/22/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00C A X EXCESS LIAR CLAIMS-MADE XLS0084283 08/31112 08/31/13 AGGREGATE $ 5,000,00C DFD I I RETENTION $ $ WORKERS COMPENSATION X I WRY LATE I I OER AND EMPLOYERS'LIABILITY C OFFICER/MEMBER P PROPRIETOR/PARTNER/EXECUTIVE Y� N!A 9016699-12 07101/12 07/01/13 E.L..EACH ACCIDENT $ 1,000,00C (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00C If yes,describe under DESCRIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $ 1,000,00C DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,'if more space is required) RE: Various Locations Throughout Cupertino City of Cupertino, its City Council, board and commissions, officers, employees and volunteers are named as additional insured per attached endorsements. Insurance is primary and non-contributory. General and auto liability waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Chris Mertens 10555 Mary Ave. AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD c ENDORSEMENT SCOTTSDA.LE INSURANCE COMPANY NO. Attached to and forming a part of Endorsement Effective Date 08-31-12 12:01 A.M., Standard Time Policy No. BGS0028666 Agent No. 047BE Named Insured BURR PLUMBING AND PUMPING, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY., LESSEES ADDITIONAL INSURE DPECIAL CONDITION OR CONTRACTORS For coverage provided in the following endorsements as indicated by an"x"in the box below: Additional Insured—Owners, Lessees Or Contractors—Scheduled Person Or Organization (CG 20 10). I X I Additional Insured—Owners, Lessees Or Contractors—Automatic Status When Required In Construction Agreement With You (CG 20 33). X Additional Insured—Owners, Lessees Or Contractors—Completed Operations (CG 20 37). The insurance provided is amended to be(indicated by an "x"in one box below): X Primary and noncontributory. Primary. Noncontributory. If this box is checked, this endorsement applies only to the following additional insured(s): ALTHORIZED REPRESENTATIVE DATE GLS-294s(3-10) Page 1 of 1 Insured Copy COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Sedion II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sions apply: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. 'Bodily injury", "property damage" or "personal that such person or organization be added as an and advertising injury" arising out of the additional insured on your policy. Such person or and advertising of, or the failure to render, any organization is an additional insured only with re- rendering professional architectural,t failure engineering rnd render, or spect to liability for 'bodily injury", "property dam- „ surveying services, including: age"or"personal and advertising injury"caused, in a The preparing, approving, or failing to pre- whole or in part, by: 1. Your acts or omissions; or pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an addi- 2. 'Bodily injury" or "property damage" occurring tonal insured under this endorsement ends when after: your operations for that additional insured are a All work, including materials, parts or completed. equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a pal of the same project. CG 20 33 0704 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Insured Copy POLICY NUMBER:BCS0028666 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Addtional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations _ ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE "OCCURRENCE" TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II —Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage"caused, in whole or in pal, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ Insured Copy COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II—LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a sell-insured retention plan available to that organization;or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered"auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered"auto"by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an"insured contract",or written agreement;or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The"bodily injury"or"property damage"is caused by an"accident"which takes place after: (a) You executed the"insured contract"or written agreement;or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2)and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to$500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701 (01/07) Page 1 of 3 INSURED COPY