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17-180 Griffin Painting, Inc., Creekside Building PaintingCITY OF
II PUBLIC WORKS CONTRACT
$45,000 OR LESS
CUPERTINO
1. PARTIES
This public works contract ("Contract") is made and entered into on December 18. 2017
("Effective Date") by and between the City of Cupertino, a municipa l corporation ("City"), and
Griffin Painting Inc. , a corporation ( corporation,
partnership, limited liability company, and sole proprietorship/individual} ("Contractor") for
Creekside Build ing Painting [identify project, work] ("Project").
2. SCOPE OF WORK
Contractor will perform and provide a ll labor, materia ls, equipment, supplies, transportation and any
other items or work necessary to perform and complete the work required for the Project ("Work"), as
required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with
the terms and conditions of this Contract.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on March 31, 2010
("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the
date shown on a written Notice to Proceed (''NTP") and must be fully completed within the Contract
Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a
NTP until the Contract is fully executed by both parties and City has _ received satisfactory proof of
insurance and any performance and payment bonds that may be required.
3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor
must have sufficient time, resources, and qualified staff to deliver the work on time .
3.3 Liquidated damages of$ 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 reasonab ly
foreseeable consequences of delay and may include intangib le 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 the public.
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$ 13,400 .00
("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials,
supplies, equipment, taxes, insurance, bonds and all overhead costs .
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
Public Works Project Creekside Building Painting Public Works Contract $45,000 /Rev. Nov 3, 2017
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any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30
days after City receives a properly submitted invoice. Any retained amounts will be included with
Contractor's final payment within 60 days of City 's acceptance of the Work as complete.
5. INDEPENDENT CONTRACTOR
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. Contractor shall possess a California Contractor's License in good
standing for the following classification(s): C-33 , 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.
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 Taxes. Contractor must pay income taxes on the money earned under this
Contract. Upon City 's request, Contractor will provide proof of payment and will indemnify City for
violations pursuant to the indemnification provision of this Contract.
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. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein , directly or
indirectly, by operation oflaw 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
Public Works Project Cree kside Bu ll dl n9 Pa inti ng Public Works Contract $45,000 /Rev. Nov 3, 2017
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8. PUBLICITY/ SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one 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
announcements and newspaper articles. No signs may be posted or displayed on or about City
property, except signage required by law or this Contract, without prior written approval from the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to30 % 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 Public Contract Code Section
4107. 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 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.
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; HY AC 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 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 ("Indemnitees"), through legal counsel acceptable to City, from
and against any and all liability , damages, claims, stop notices , actions, causes of action , demands ,
Public Works Project Creekside Building Paintjng . Public Works Contract $45,000 !Rev. Nov 3, 2017
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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:
(a) Breach of contract, obligations, representations or warranties ;
(b) Performance or nonperformance of the Work or of any obligations under the Contract by
Contractor, its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work
performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors 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 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 lndemnitee .
11 .4 Contractor's payments may be deducted or offset to cover any money the City Jost due to a
claim or counterclaim arising out of this Contract, a purchase order or other transaction .
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Ex hibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage . Failure to comply with this provision may
result in City, at its sole discretion and without notice, purchasing insurance at Contractor 's expense,
deducting the costs from Contractor's compensation, or terminating the Contract.
13. COMPLIANCE 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 Jaw 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
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13.2 Labor Laws.
(a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code,
including but not limited to:
(i) Prevailing wage laws under Labor Code Section 1775, which require Contractor
to pay prevailing wages applicable in Santa Clara County for each craft,
classification, or type of worker needed to perform the Work, including health,
pension and vacation. The prevailing wage rates are on file with the City
Engineer's office and are available online at http://www.dir.ca.gov/DLSR;
(ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts
$30,000 or more;
(iii) Maintain certified payroll records in accordance with Labor Code Sections 1776
and 1812, and electronically submit them to the Labor Commissioner as
required by the regulations of California, Department of Industrial Relations
("DIR");
(iv) Comply with DIR Monitoring, Enforcement and Registration requirements of
Labor Code Section 1725 .5.
(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 Labor Code Section 3700 which requires 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 on 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.
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 or 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
Public Works Project Creeksid11 Building Painting Public Works Contract $45,000 /Rev. Nov 3, 2017
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18700 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 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
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 25 I 17, and
which requires removal to a Class I, Class II, 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
(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.
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16. URBAN RUNOFF MANAGEMENT
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 with rainfall/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.
17. PROJECT COORDINATION
City Project Manager. City assigns Ken Tanase as the City representative for all
purposes under this Contract, with authority to require compliance with the Scope of Work. City may
substitute Project Managers at any time and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns _M_ar_kG_r_iffi_n _____ _
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.
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18. ABANDONMENT 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 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.
19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
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, 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.
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. THIRD PARTY BENEFICIARIES
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.
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26. 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 ofclaims, liens
or encumbrances. Contractor waiTants 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
wi ll 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.
27. ENTIRE CONTRACT
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 any attachment or incorporated
provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control.
28. SEVERABILITY IP ARTIAL 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.
28. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all warranties, indemnities, payment obligations, insurance and bonds,
shall remain in full force and effect after the Work is completed or Contract ends.
29. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be included
and will be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions.
30. CAPTIONS
The captions, t itles , 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.
31 . 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.
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20. 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 calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino:
10300 Torre A venue, Cupertino CA 95014
Attention: Ken Tanase -------------Copy to: Jonathen Ferrante
Emai 1: kent@cupertino.org
30. VALIDITY OF CONTRACT
To Contractor:
Griffin Pa inting Inc.
Attention: Mark Griffin ------------Copy to: ____________ _
Emai I: mark@griffinpainting.com
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.
32. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to legally
bind their respective Parties. If Contractor is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution
Date first above written.
CONTRACTOR _G_nm_in_P_ain_un_g_1n_c. ______ , CITY OF CUPERTINO, 'a/or~vzuaw~ ;y~~~orati ~
[Name] fTb-,rl;,r ~"\ -~--,m---m_B_o~r-d~en __________ _
Title: Owner Title: Director of Public Works
Signature Date: / / / a-8 /; 7 Signature Date: I ( f 1 'fj 6 7 r I -\,.._..,_!~_.,"-+-------~
APPROVED AS TO FORM:
,J3y'.' ~u rrr0/ RAO LPH STEVENSON HOM
W' Cupertino City Attorney
ATTEST: ~
By: e~ /2---2 (-(J
GRACE SCHMIDT, City Clerk
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Public Works Contract $45,000 !Rev. Nov 3, 2017
Griffin Painting Inc.
3580 Haven Ave. #2
Redwood City, CA 94063
CA Lie# 599026
(650) 368-3190 Fax (650) 368-3192
Proposal
PROPOSAL: 003541 DATE: 10/05/17
Creekside Exterior Building
EXH I B !T "A"
CLIENT: COCUP
City Of Cupertino
PROJECT: 023503
Creekside Exterior Building
10300 Torre Ave.
Cupertino, CA 95014-3202
Contractor agrees to furnish all equipment, materials, supplies, services and labor in accordance with all applicable
labor, building and Building Plans and Specifications and to complete the following work:
Proposal Scope of Work:
Attn: Ty
Pressure wash building.
Prime new plywood at roof infill.
Paint new work with 2 coats of finish.
Paint entire building with 1 coat of finish to match existing.
Enamel restroom doors on 2 sid es, all other exterior side only.
Signed: _________________ _
Dated: ________ _
Title:
TOTAL BID: $13,400.00
EXHIBIT B -INSURANCE REQUIREMENTS
A. Required Policies and Limits. The following insurance policies and limits are required
for this Contract, unless otherwise specified in Exhibit A:
(I) Commercial General Liability ("CGL ') Insurance: The CGL policy must be issued
on an occurrence basis, written on a comprehensive general liability form, and must include
coverage for liability arising from Contractor's or its subcontractor's acts or omissions in the
performance of the Work, including contractor's protected coverage, blanket contractual,
completed operations, vehicle coverage and employer's non-ownership liability coverage, with
limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. The CGL policy
must protect against any and all liability for personal injury, death, or property damage or
destruction arising directly or indirectly in the performance of the Contract. The CGL coverage
may be arranged under a single policy for the full limits required or by a combination of
underlying policies with the balance provided by excess or umbrella policies, provided each such
policy complies with the requirements set forth in this Contract.
a. It will be a requirement under this agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements
and/or limits will be made available to the Additional Insured and will be (I) the minimum
coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any Insurance policy, whichever is greater.
b. The Additional Insured coverage under the Contractor's policy will be "primary
and non-contributory" and will not seek contribution from the City 's insurance or self-insurance
and will be at least as broad as CG 20 0 I 04 12.
c. The limits of Insurance required in this agreement may be satisfied by a
combination of primary and umbrella or excess Insurance . Any umbrella or excess Insurance will
contain or be endorsed to contain a provision that such coverage will also apply on a primary and
non-contributory basis for the benefit of City (if agreed to in a written contract or agreement)
before the City's own insurance or self-insurance will be called upon to protect it as a named
insured.
Contractor will maintain insurance as required by this contract to the fullest amount allowed by
law and will maintain insurance for a minimum of five years following the completion of this
project. In the event contractor fails to obtain or maintain completed operations coverage as
required by this agreement, the City at its sole discretion may purchase the coverage required and
the cost will be paid by the contractor.
(2) Comprehensive Automobile Liability Insurance: The automobile liability policy
must be issued on an occurrence basis, with limits of at least $1,000,000 per occurrence for
bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of
$1 ,000 ,000 per occurrence, covering owned , non-owned and hired automobiles.
(3) Workers' Compensation Insurance and Employer's Liability Insurance: The
workers' compensation and employer's liability policy or policies must comply with the
requirements of the California Workers' Compensation Insurance and Safety Act, providing
coverage of at least $ I ,000,000 or as otherwise required by the statute. If Contractor is self-
insured , Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by
the DIR.
B. Builder's Risk Insurance. Contractor must provide builder's risk insurance only
if the box below is checked.
D Builder's Risk coverage is required for this Contact.
The builder's risk policy must be issued for course of construction on an occurrence
basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the
Project for the benefit of City, and name the City as a loss payee as its interest may appear. If
the Project does not involve new or major reconstruction, the City may elect, acting in its sole
discretion, to accept an installation floater policy instead of builder's risk. The installation
floater policy must 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.
C. Additional Insureds. City, including its City Council, boards and commissions,
officers, officials, agents, employees, consultants and volunteers, must be named as additional
insureds under Contractor's insurance policies required under this section, except under the
worker's compensation policy. The naming of an additional insured will not affect any recovery
to which the additional insured would be entitled to under the policy if not named as an
additional insured. An additional insured will not be held liable for any premium, deductible
portion of any loss, or expense of any nature under the policy or any extension thereof. Any
other insurance held by an additional insured will not be required to contribute anything toward
any loss or expense covered by Contractor's insurance.
D. Notice. Each certificate of insurance must state that the coverage afforded by the
policy or policies 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.
E. 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.
F . Required Endorsements. The CGL policy, the automobile liability policy and
the builder's risk or installation floater policy, if required, must include the following
endorsements:
(1) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies have
been issued to each insured.
(2) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss.
(3) This policy does not exclude explosion , collapse , underground excavation hazard , or
removal of lateral support.
G. Forms of Certificates of Insurance and Endorsements. Each certificate of
insurance and endorsement must provide the name and policy number of each carrier and policy ,
using a form and format acceptable to City.
H. Subcontractors. Contractor must ensure that each subcontractor maintains the
same insurance coverage required under this section with respect to its performance of Work on
the Project, including those requirements related to the naming of additional insureds and
waivers of subrogation.
END OF EXHIBIT B
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYYI
~ 11 /?1 /?()17
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 be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may requ i re an endorsement. A statement on this certificate does not confer rights to the
certificate holder in l i eu of such endorsement(s).
PRODUCER ~2:~~cT Arlene Huerta
Insurance Management Corporation r.~~N,t ~-••· ( 925) 673-2200 I FAX IA/C Nol: (925) 673-2212
P.O. Box 1217 ~~~~~.arlene@imcinsurance.com
License# OC54731 INSURER(Sl AFFORDING COVERAGE NAIC#
Clayton CA 94517 INSURER A :AmTrus t. In terna tionalUnderwri ters
INSURED INSURER B :Financial Ind~mni h, Comnanv
Griffin Painting, Inc. INSURER c :National Union Fire Ins Co of PA
3580 Haven Ave INSURER D :Insurance Company of the West
Suite #2 INSURER E :Axis Surolus Lines Ins Co
Redwood Citv CA 94063 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL141202323 REVISION NUMBER:
TH IS IS I u CERTIFY l HAT THE POLICIES OF INSURANCE LISTED tsELOw HAVE BEt:N 1S:sUED TO THE INSUKED NAMcu AtsOVE t-OR 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 ·~· ,:a~g~, 1POUCYEXP
LTR TYPE OF INSURANCE 1,.,~n ,, ... ~ POLICY NUMBER MM/DD/YYYYJ LIMITS
GENERAL LIABILITY
~ EACH OCCURRENCE $ 1,000,000
d. COMMERCIAL GENERAL LIABILITY DA,.~~~ I U ~~" , ~u $ 100,000 PREMISES /Ea occurrence'
A D CLAIMS-MADE [iJ OCCUR X X EN102473702 ll/1/2017 1/1/2018 MED EXP (Any one person) $ 5 000 .___
.___ PERSONAL & ADV INJURY $ 1,000,000
.___ GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIM IT APPLIES PER : PRODUCTS -COMP/OP AGG $ 2,000,000 n POLICY 1x1 ~[}R.;. n LOC $
AUTOMOBILE LIABILITY COMBINED S1NGLE LIMIT
~ 1 000 000 ~ /Ea accident}
X ANY AUTO BODILY INJURY (Per person) $ B '---SCHEDULED 14128734 11/1/2017 1/1/2018 ALL OWNED BODILY INJURY (Per accident) $
~ AUTOS '--AUTOS
X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS I Per accident\ .___ -Hired/borrowed $
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 5,000,000 .___
C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
OED I I RETENTION $ ~BU 088086657 P./1/2017 1/1/2018 $
D WORKERS COMPENSATION x I T~~JitJ,~s I 10~-
AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A X E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? 1/1/2017 1/1/2018 (Mandatory in NHI wSA5035369 E.L. DISEASE -EA EMPLOYEE $ 1 000 000
If yes, describe under
E.L. DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below
E Contractors Pollution Each Cla im 1,000,000
Liability CPoo2387-01-2017 5/11/2017 5/11/2018 Policy Aggreagate 2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is requiredl
The City of Cupertino, including its City Council, boards and commissions, officers, officials, agents,
employees, consultants and volunteers shall be named as additional insured with respects to the General
Liability. Insurance shall be primary and non-contributory. Waiver of subrogation shall be applied to the
General Liability and Workers Comp.
CERTIFICATE HOLDER CANCELLATION 10 Dav Notice of Cancellation for Non Pa"""'nt of Premiwn.
City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS.
Cupettino CA 95014-3202
AUTHORIZED REPRESENTATIVE
c::,;:->
Arlene Huerta/ARLENE -'-.....-'--'7 ~
© 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)
INS025 (201oos1.01 The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: EN l 02 4 73 7 02 COMMERCIAL GENERAL LIABILITY
NX GL 189 05 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number: EN102473702 Endorsement Effective: 01 /01 /17 12 :01 a .m.
Named Insured : Counter Signed By:
GRIFFIN PAINTING INC
-~~ /'· ~ . .. ... '.\,.,,,<'.\ S,.,i;.~ ':\:,\l;
SCHEDULE
Name of Person or Organization:
Any person or organization that the named i nsured is obligated by virtue of a written contract or
Agreement to provide insurance such as is afforded by this policy.
Location:
(If no entry appears above, information requ ired to complete th is endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown
in the Schedule, but only to the extent that the person or organization shown in the Schedule is held
liable for your acts or omissions arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional ins ureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to "bodi ly injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than services, maintenance or repairs) to be performed by or on behalf of
the additional insured(s) at the site of the covered operations has been completed: or
(2) 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 s ubcontractor
engaged in performing operations for a principal as a part of the same project.
C. The words "you " and "you r" refer to the Named Insured shown in the Declarations .
NX GL 189 05 11 Page 1 of 2
Includes copyrig hted material of Insurance Services Office, Inc ., with its permission
COMMERCIAL GENERAL LIABILITY
NX GL 189 0511
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
D. The following are added to SECTION V -DEFINITIONS :
"Your work" means work or operations performed by you or on your behalf; and mate rials, parts or
equipment furnished in connection with such work or operations.
E. The following additional provisions apply to any entity that is an insured by the terms of this
endorsement
1. Primary Wording
With respect to the Third Party sl1own above, this insurance is primary and non-contributing. Any
and all other valid and collectable insurance available to such Third Party in respect of work
performed by you underwritten contractual agreements with said Third Party for loss covered by
this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance .
Rather, any such other insurance shall be considered excess over and above the insurance
provided by this policy.
2 . Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against
an entity that is an additional insured per the terms of this endorsement because of payments we
make for injury or damage arising out of "you work" done under a contract with that person or
organization .
NX GL 189 05 11 Page 2 of 2
Includes copyrighted material of I nsurance SeNices Office, Inc., with its permission
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC0403 06
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION FOR WHOM THE
NAMED INSURED HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS WAIVER
JOB DESCRIPTION
BLANKET W AIYER OF SUBROGATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless othe1wise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: 01/01/2017
Insured: Griffin Painting, Inc.
Policy No. WSA5035369
Insurance Company: ICW GROUP Insurance Company
Endorsement No . 001
Premium $ INCL.
) ~-~;l-..£R,:
Countersigned By:---------------------------
-1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999.
6
Kemper Specialty
Financial Indemnity Company
POLICY NUMBER: 4128734
Griffin Painting Inc.
01/01/2017 -01/01/2018
BUSINESS AUTOMOBILE LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED INSURED ENDORSEMENT (CA 20 48)
Name of Person(s) or Organization(s)
The City of Cupertino
BUSINESS AUTO COVERAGE
Each person or organization indicated above is an "insured" for Liability Coverage, but only to the
extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in SECTION II of the Coverage Fonn.
CA20 48 07 87
