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HomeMy WebLinkAboutAgreement 05/21/2012 (5) City of Petaluma, California 3gg�l Memorandum Public Works, l l English Street, Petaluma, CA 9.4952 (707) 778-4474 Fax(7071776-3602 E-mail:pnblicworksgci.petaluma.ca.us RECEIVED DATE: May 15, 2012 MAY 242012 TO: Ron Blanquie, Risk Manager Eric Danly,City Attorney CITY MANAGER Bill Mushallo, Finance Director John C. Brown, City Manager Claire Cooper, City Clerk FROM: Dan St. John, F.ASCE; Director, Public Works and Utilities SUBJECT: Painting City Hall Restrooms Construction Agreement (Minor) The attached agreement is for • Subject of Agreement Minor Construction Agreement for painting the City Hall restrooms. Three quotes were received; $4,500 (Painting by Dustin O'Brien). $4,600 (Spurgeon Painting) and $6,100. The lowest bidder, Painting by Dustin O'Brien, withdrew his quote as he-was unable to secure the required insurance needed. • Account Number(s) 1100.16300.54210 • With Whom Spurgeon Painting, Inc. • Amount of Contract $4,600 • Specific Work Paint City Flall Restrooms • Contract Manager Ron DeNicola, Parks Manager S:\Maintenance&Operations Division Folder\Agreements\Agreements Minor Construction\SPURGEON PAINTING CITY \Cover Memo to Agreemenl.doc • I . r _ CONSTRUCTION AGREEMENT(MINOR) [City use: this form.is only for public works projects not subject to City Charter public bid requirements.] PAINTING CITY HALL RESTR OO MS (Title of Project) FY 11-12 Fund# 1100 Exp.Acct.-.# 16300 Project)/54210 Amount$4 600 For multi-year contracts or contracts with multiple accounts: FY Fund it Exp.Acct.# Project# Amount$ FY Fund# Exp.Acct.# Project# Amount$ FY Fund# Exp.Acct.# Project# Amount.$ L THIS CONSTRUCTION AGREEMENT ("Agreement") is entered into and effective as of the O day of ketet in the year 20 /01/4 by and between City of Petaluma, a charter city, ("City") and Spurge n Painting, Inc. ("Contractor") (collectively, "Parties"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Contractor shall complete the work as described and/or depicted in Exhibit A ("Work"), . attached hereto and incorporated by reference herein, upon the terms and conditions set forth herein. ARTICLE 2. COMPLETION OF WORK The Work shall be completed to the satisfaction of City by May 30, 2012. ARTICLE 3. INSURANCE The applicable insurance requirements,:as approved bythe City's Risk Manager, are set forth in Exhibit B-1 x /Exhibit.B-3 , attached hereto and incorporated by reference herein. [City use: check one.] ARTICLE:4. CONTRACT PRICE/PAYMENT A. City shall pay Contractor the aggregate sum of Four thousand, six hundred Dollars ($4600), for the full and satisfactory completion of the Work in accordance with the terms and conditions-of this Agreement ("Contract Price"). B. Payment schedule: 1. x Such compensation shall be paid by City within thirty(30) days following written;notice:of City's acceptance of the,Work. 2. Such compensation shall be paid by City in accordance with the Payment Schedule attached hereto as Exhibit C, and incorporated by reference herein. [City use..check one, and attach Payment Schedule as Exhibit.C if applicable.] C. Notwithstanding any provisions herein, Contractor shall not be paid any compensation I CONSTRUCTION AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 " information requested on the "Vendor Information form available from the City and has obtained a currently valid Petaluma business license'pursuarit to.=the Petaluma Municipal Code. ARTICLE 5. BONDS/CONTRACTOR'S GUARANTEE A. A labor and materials (payment) bond is required / x not required for this Agreement. If required for this Agreement, before beginning the Work, Contractor shall provide a labor and materials bond in the amount of one hundred percent (100%) of the Contract.Price, and which conforms with the requirements of Civil Code section 3248,as may be amended.from time to time. B. A performance,bond is required /x not required for this Agreement. If required for this Agreement, before beginning the Work, Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Contract Price to guarantee faithful performance of the Work. C. Contractor shall guarantee the. Work to be free of defects in-material and workmanship for a period of one (1) year following the City's acceptance of the Work ("Contractor's Guarantee"). As part of Contractor's Guarantee, Contractor agrees to make, at Contractor's own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period. The Contractor's Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. D. A maintenance bond is required /x not.required for this Agreement. If required for this Agreement, prior to acceptance of the Work, Contractor shall provide a maintenance bond in the amount of ten percent (10%) of'the Contract Price as a security for the Contractor's Guarantee: The maintenance bond shall remain in force for one (1) year following the City's acceptance of the Work. E. Any and all bonds required for this Agreement shall be in:a:form acceptable to the City Attorney. Any such bond.must be issued by a corporate surety which is an admitted surety insurer in the 'State of California. Any bond •signed by an agent must be accompanied by a certified copy of such agent's authority to act. If the surety on any bond provided by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated;in any state where any part of the Work is located, Contractor shall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. ARTICLE 6. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement. between City and Contractor consist of this Agreement and exhibits thereto and the following ("Contract Documents"): • City-approved drawings and,specifications for the Work; • Any written amendment or•change order approved by the City after the effective date of this Agreement; • Any bonds required pursuant to Article 5 of this Agreement; • Other: The Contract Documents may only be amended by prior written authorization of the City Manager or his/her designee. 2 CONSTRUCTION AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 1\ ARTICLE 7. LIQUIDATED,DAMAGES A. City and Contractor recognize that time is of the essence of this,Agreement and that the City will suffer financial loss if the Work is not completed,within the time specified in Article 2 herein, plus any extensions previously authorized in writing by the City Manager or,his/her designee. It is and will be difficult and/or impossible to ascertain and determine the actual damage which City will sustain in the event of and by reason of Contractor's failure to fully perform the Work or to fully perform all of its contract obligations that have accrued by the time for completion as:;specified in Article 2 herein and/or as specified for completion of any scheduled operations or works described in the Contract Documents. It is .agreed in accordance with, California Government Code Section 53069.85, asmay be amended from time to time, that Contractor will forfeit and pay to City liquidated damages in the sum of Five hundred Dollars ($500) per day for each and every calendar day that expires after the time for completion specified in Article 2 herein and/or as specified for completion of any scheduled operations or works described in the Contract-Documents except as otherwise provided by extension of time previously authorized in writing by the City Manager or his/her designee. It is further understood and agreed in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time this contract was made, and that City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due to Contractor. B. Liquidated damages will continue to accrue at the stated rate until final completion of the Work. Accrued liquidated damages may be deducted by City from amounts due or that become due to Contractor for performance of the Work.. Liquidated damages may not be waived or reduced by City unless expressly waived or reduced in writing by the City Manager or his/her designee. ARTICLE 8. PREVAILING WAGES A. Pursuant to California Labor Code Section 1771,'Contractor and any subcontractor shall pay all workers employed in execution of the Work in,accordance with the,general rate of per diem wages specified for each craft, classification, or type of worker needed to execute the Work. Copies of the'prevailing rates of per diem wages are on file at the City Clerk's office, and shall be made available to any interested party on request. B. Contractor is required to pay all applicable penalties and back wages, in the event of violation of prevailing wage law, and Contractor and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein. C. Contractor and any subcontractor shall maintain and make available for inspection payroll records as required by California Labor Code Section 1776; which is incorporated by this reference as though fully set forth herein. Contractor'is responsible for ensuring compliance with this section. D. 'Contractor and any subcontractor shall fully comply"with California Labor Code Section 1777.5, concerning apprentices, which is incorporated by this reference as though fully set forth herein. Contractor is responsible for ensuring compliance with this section. 3 CONSTRUCTION AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 E. In accordance with California Labor Code Section .1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Agreement. Contractor an& any subcontractor shall pay workers overtime, pay as required by California Labor Code Section 1815. Contractor' and any subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the^contract-by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted;to work more that 8 hours in any one calendar day and 40 hours in any one calendar week in violation so the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as'though fully set forth,herein. ARTICLE 9. INDEMNIFICATION Contractor shall indemnify, defend with counsel acceptable to City,:and hold'harmless to the full extent permitted by law, City and=its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance.of the Work or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the active negligence, sole,negligence or willful misconduct Of the Pursuant.to California Public Contract Cod e Section'9201, City shall timely notify Contractor of receipt of any third- party claim relating to this.Agreernent. .ARTICLE 10. DISCLAIMER CONCERNING LABOR CODE SECTION 6400 Contractor understands and agrees that with respect to performance of the Work, and notwithstanding any provision'in this Agreement to the contrary; Contractor, and/or its privities, including, without limitation, subcontractors, suppliers,and other engaged by Contractor in the performance of the Work shall be "employers" for purposes of California.Labor Code Section 6400 and related provisions of law, and that neither City nor its officials, officers, employees, agents, volunteers or consultants shall be"employers" pursuant to California Labor Code Section 6400. ARTICLE 11. TERMINATION Notwithstanding, any other provision set forth herein, City may terminate or suspend this Agreement immediately for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Contractor, including, without limitation, a breach of any of Contractor's covenants, representations or guarantees provided herein. Upon receipt of notice of termination or suspension, Contractor shall immediately stop all work in progress this Agreement. Without limiting the .generality of the foregoing, City may terminate this Agreement if Contractor fails to perform the Work within the time specified in Article '2, or any Written extension thereof. If City terminates this Agreement for cause, City may undertake, to have the Work completed by its own workforce or by substitution of contractor, and Contractor shall be liable to City for any excess cost incurred by City as a result. In-the'event of such termination, Contractor shall be entitled to payment for all Work performed to date of termination to the extent such services were actually performed in accordance with this Agreement. Upon termination, any and all of City's documents or materials provided to Contractor and any'and all of Contractor's documents and materials prepared for or relating to 4 CONSTRUCTION AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 this Agreement shall be delivered to the City as soon as possible, but not later than ten (10) days after the cessation of the Work. ARTICLE 12. CONTRACTOR.CLAIMS Contractor claims of Three Hundred Seventy-five Thousand Dollars ($375,000)or less shall be in writing, and shall include the documentation necessary to substantiate the claim. Claims must be filed before 'the date of final payment, and in compliance with California Public Contract Code Sections 20104 et seq. ARTICLE 13. INDEPENDENT CONTRACTOR It is understood and agreed that in the performance of this Agreement, Contractor (including its employees and agents) is acting in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor has full control over the means and methods of performing said services and is solely responsible for its acts and omissions, including the acts and omissions of its employees and agents. ARTICLE 14. LICENSES/PERMITS Contractor represents that Contractor has all licenses, permits, or qualifications of whatsoever in nature,'which are legally required for Contractor to perform the Work. Contractor shall, at Contractor's sole cost and expense, keep in effect at all times during the term of this Agreement, any such licenses, permits or qualifications. Contractor is required to possess a current B or C33 license. ARTICLE 15. INSPECTION All Work done and materials furnished, if any, shall be subject to inspection and approval by the City. ARTICLE 16. SUBCONTRACTORS Contractor must obtain the City's prior written consent for subcontracting any Work pursuant to this Agreement. Any such subcontractor shall comply, to the extent applicable, with the terms and conditions of this Agreement. Any agreement between Contractor and a subcontractor pursuant to this Agreement shall provide that the subcontractor procure and maintain insurance coverage as required herein and which shall name City asianadditional insured. ARTICLE 17. COMPLIANCE WITH LAWS/NON-DISCRIMINATION Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall not discriminate in the provision of service or in the employment of persons engaged 'in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexualorientation, age, physical or=mental disability in violation of any applicable local, state or federal-laws or.regulations. ARTICLE 18. NOTICES All notices required or permitted by"this Agreement, including notice of change of address, shall be in writing,and given by-personal;delivery°or sent postage prepaid and addressed to the parties intended to be notified, as set forth herein. Notice shall be deemed given as of the date of delivery in person or as of the date deposited in any post office or post office box regularly 5 CONSTRUCTION'AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 All notices required or permitted by this Agreement, including notice of change of address, shall be in writing and given by personal delivery or sent postage,,prepaid and addressed to the parties intended to be notified, as set forth herein. Notice shall be deemed given as of the date of delivery in person or as of the date deposited in any post office or post office box regularly maintained by the United States Postal Service, unless otherwise stated herein. Notice shall be given as follows: City: City Clerk City of.Petaluma Post Office Box 61 Petaluma, California 94953 Telephone: (707) 778-4360 Contractor: Spurgeon.Painting, Inc. [Contact Name] Robert Spurgeon [Business Name] 1308 Dynamic St.#8 [Address] Petaluma, Ca 94954 [City, State,Zip] 707-763-7185 [Telephone] ARTICLE 19. GOVERNING LAW/VENUE This Agreement shall be construed and its performance enforced under California law. Venue shall be in the Superior Court of the State of California in the County of Sonoma. ARTICLE 20. NON-WAIVER The City's failure to enforce any provision of this Agreement or the waiver of any provision in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. ARTICLE 21. THIRD.PARTY BENEFICIARIES The Parties do not intend, by any provision of this Agreement, to create in any third party any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. ARTICLE 22. ASSIGNMENT No assignment in transfer in whole or in part of this Agreement shall be made without the prior written consent of City. ARTICLE 23. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal,or otherwise enforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 6 CONSTRUCTION AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed the day and year firstaboye•written. CITY OF PETALUMA CONTRACTOR. .041.6 6.--0• r4-/e•S ijtn . - By City Manager 1! ATTEST: Title I ',6mot ', J • License Number _ ttyClerk Taxpayer ID.Number �`"���`'�" APPROVED AS TO FORM: I ^ a So(4?4 ' C/ix Petaluma Business Tax Certificate Nu ber C City Attorney APPROVED: V /. 1/ • •-,.te-e' Director APPROVED: 1U at IV( 00,. bluvre 5-ti-it Risk Mana er APPROVED: inance Director file name: 7 CONSTRUCTION AGREEMENT(MINOR PUBLIC WORKS)(City) March 2009 EXHIBIT A CITY HALL RESTRQOMS12) Prep, prime and paint ceilings and walls with a suitable semi-gloss enamel paint. Prep, prime and paint metal bathroom stalls with a suitable.semi-gloss metal coating. Prep and paint floor with a suitable epoxy floor covering. Colors to be determined. • EXHIBIT 'C ACKNOWLEDGEMENT AND CERTIFICATION`PURSUANTTO CITY OF PETALUMA LIVING WAGE ORDINANCE PETALUMA MUNICIPAL CODE-CHAPTER 8.36 The City of Petaluma Living.Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter 8.36, applies to certain service contracts, leases, franchises and other agreements or funding mechanisms providing financial,assistance (referred to hereafter as an "Agreement") between the City of Petaluma ("City") and/or the Petaluma Community Development Commission ("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding or financial benefits ("covered entities"). Pursuant to Petaluma Municipal Code Section 8.36.120; as part of any bid, application or proposal for any Agreement subject tathe Ordinance, the covered entity shall: • • Acknowledge that the covered entity is aware of the Ordinance and intends to comply with its provisions. • Complete the Report.of Charges, Complaints, Citations and/or Findings contained in this Acknowledgement and Certification by providing information, including the date, subject matter and manner of resolution, if any, of,all wage, hour, collective bargaining, workplace safety, environmental or consumer protection charges, complaints, citations, and/or findings of violation of-law or regulation by any regulatory agency or court including but not limited to the California Department of Fair Employment and Housing, Division of Occupational Safety and Health (OSHA), California Department of Industrial Relations (Labor'Commissioner), Environmental Protection,Agency and/or National Labor Relations Board, which liadebeen filed or presented to=the covered entity within the ten years immediately prior to-the bid, proposal, submissiomoLrequest. Pursuant to Petaluma Municipal.Code Section 8.36.120, beforetlie beginning of the term of any covered Agreement, or pnor to the execution of said Agreement by the City or the PCDC, each covered entity shall certify that its employees are paid a living wage that is consistent with Petaluma Municipal Code:Chapter 8.36. By executing this.Acknowledgemehtand Certification,,the:covered entity (i) acknowledges that it is aware of the Ordinance ands intends to comply with its provisions, (ii) attests to the accuracy and completeness of information provideddn the Report of Charges, Complaints,Citations and/or Findings contained herein, (iii)certifies that,it pays"its covered employees a Living Wage as defined in Petaluma Municipal Code Chapter 8.36 and.(iv) attests that the person executing ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO CITY OF PETALUMA LIVING WAGE ORDINANCE Page 1 of 3 this Acknowledgement and Certification is authorized to bind the covered entity as to the matters covered in,this'eledgment and Certification. SO ACKNOWLEDGED and CERTIFIED: Project or Contract I.D: C(Th{ I4412_. g3 vwj1 S r vA4 oU PA-1137-t -\61 mk. Date: Oh "L. (Print Name of Covered Entity/Business Capacity) By (2oST cr e 4 (Print Name) /s/ 4114--(k --- (Signaturee) ^ �y Its p�,E�( G--/CSr- (Title /Capacity of Authorized Signer) ACKNOWLEDGEMENT AND CERTIFTCATTON PURSUANT TO CITY OF PETALUMA LIVING WAGE.ORIDINANCE Page 2 of 3 REPORT OF CHARGES, COMPLAINTSCITATIONS.AND/OR FINDINGS PURSUANT TOPETALUMA MUNICIPAL CODE SECTION 8.36.120 FOREACH WAGE,HOUR,COLLECTIVE BARGAINING,WORKPLACE SAFETY,ENVIRONMENTAL OR CONSUMER PROTECTION CHARGE,COMPLAINT, CITATION,AND/OR FINDING OF VIOLATION OF LAW OR REGULATION BY ANY REGULATORY AGENCY OR COURT,INCLUDING BUT NOT LIMITED TO THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING,DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (OSHA),CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (LABOR COMMISSIONER),ENVIRONMENTAL PROTECTION AGENCY AND/OR NATIONAL LABOR RELATIONS BOARD,WHICH: o AFFECTS YOU AS A PROSPECTIVE CONTRACTOR,SUBCONTRACTOR,LESSEE,FRANCHISEE AND/OR PARTY TO ANY CITY OF PETALUMA AND/OR PETALUMA.COMMUNITY DEVELOPMENT COM vHSSION-FUNDED AGREEMENT OR BENEFIT SUBJECT TO PETALUMA MUNICIPAL CODE CHAPTER 8.36 (LIVINGWAGE ORDINANCE),AND o HAS BEEN FILED OR PRESEN.1 ED TO YOU WITHIN THE TEN YEARS IMMEDIATELY PRIOR TO THE BID,PROPOSAL,:SUBMISSION OR REQUEST FOR WHICH THIS ACKNOWLEDGEMENT AND CERTIFICATIONTS MADE: PLEASE PROVIDE THE DATE,THE REGULATORY AGENCY OR COURT MAKING THE CHARGE COMPLAINT, CITATION OR FINDING,THE SUBJECT MATTER AND THE MANNER OF RESOLUTION, IF ANY,.FOR EACHSUCH..CHARGECOMPLAINT,CITATION OR FINDING. IF NONE,PLEASE STATE "NONE": ATTACH ADDITIIONALL PAGES IF NEEDED. Date: (T(oO Regulatory Agency or Court:. CAL —C CHA Subject Matter: Flet t c'RE b Imo(Al D' e /io(1/( QWit IIJ MhOCR. kce .. Resolution, if:any: 40' F/e4& • Expected resolution, if known: June 2011 (i1\Ianage'#1638697.2) ACKNOWLEDGEMENT AND•CERTIFICATION„PURSUANT TO CITY OF PETALUMA'LIVING WAGE ORDINANCE Page 3 of 3 • • w�.� °r ;BUSINESS'TAX,RECEIPT AcQQQnt# . 0030660• +gyp THIS BUSINESS�TAX RECEIPT IS UPON PAYMENT OF THE BUSINESS TAX ' �1 \ ' � .license# L-0801494 �115�� � � '` AS REQUIRED IN TITLE 6 OF THEPETALUMA MUNICIPAL CODE;ISSUANCE OF THIS • e, '� �RYt�' RECEIPT DOES NOT CERTIFY THAT ANY.OTHER CITY'COUNTY,STATE OR ExpIratIorl,,Date 12/31/2012 +VSC<L i FEDERAL REGULATIONS HAVE BEEN COMPLIED WITH. ' - $;„F - ” "C.: THE RECEIPT IS ISSUED WITHOUT1VERIFICATION THAT,THE RECIPIENT IS Establish'''Date 8/6/1976 SUBJECT TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNIA(GOVT ' - •: CODE SEC 37101:2). ��3' - w r� t ( ,iyt . ` at rr e' Business Type COritractor f y, Fes`, lR .r Business Address: 1308 DYNAMIC STS #6'8:4 ■` _ PETALUMA, CA(94954'Wt • - • a : YI �+ :,..contacts): SPURGEON, ROBERT PR t,; Business•..Name-: SPURGEON.PAINTING, INC Issue Date :: 1/1/2012 Mailing Address : 319.BROADWAY ST. 1t% PETALUMA, CA94952=2407.• • • • ti- THIS RECEIPT MUST BE POSTED IN A CONSPICUOUS PLACE ON THE.PREMISES OR IN THE VEHICLE. • •• • • • • • A • SPURG-1 OP ID: MF ACOK DATE(MM/DOIY1'YY) CERTIFICATE OF LIABILITY INSURANCE 04/25/12 PRODUCER 707-7824200 THIS CERTIFICATE IS ISSUED.AS A MATTER OF INFORMATION Don.Ramatici.lnsurance,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 551 HOLDER. THIS'CERTIFICATE DOES;NOT AMEND, EXTEND OR Petaluma,CA 94953 ALTER THE.COVERAGE'.AFFORDED BY THE:POLICIES BELOW. W.-Thomas Griffith INSURERS AFFORDING::COVERAGE NAIC# INSURED Spurgeon Painting;Ina INSURER A:Cypress Insurance'Company PO Box 2775 Petaluma,CA 94953 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF•.INSURANCELISTED 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 ISSUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN:REDUCED BY PAID CLAIMS. INSR ADD•L POLICY EFFECTIVE POLICY EXPIRATION )TR Re TYPE OF INSURANCE POLICY NUMBER DATEIMM/DDNYYY) DATE(MM/OD!YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED • COMMERCIAL GENERAL LIABILITY PREMISES(Ea oavrence) $ .CLAIMS MADE OCCUR MEDEXP(Any one person) S PERSONAL B ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ PRO- POLICY f JECT LOC • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT • ANY AUTO (Ea acddeni) - $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S— HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGEUASILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ • —1 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION $ $ • • WORKERS COMPENSATION X C STATU- 0TH- ANDEMPLOYERS'LIABILITV TWORYIIMITS EB_ A ANY W PROPRIETOR IPARTNEEKECUTIVEY/N 3300059995-111 10/01/11 10/01/12 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? 1 000 goo (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 3 If yes,describe under 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMEY S OTHER • DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:Painting operations of.the'.NamedInsured for the Certificate Holder *10 days notice sent for non-payment of_premlum Job:City Hall Restrooms-11'English Street,Petaluma,CA 30`X CERTIFICATE HOLDER CANCELLATION. PETACIT SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF;THE ISSUING INSURER WILL ENDEROORTO MAIL 30* DAYS WRITTEN City of Petaluma re NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BtlTTMLtlR!'tOSB9B'aHlki' its officers,of Iclals,.agent - emploYeesBVOlumteers - - - - 11 English Street . CA 94952 AUTHORIZED REPRESENTATIVE • ACORD 25(2009/01) ©1988x2009 ACORD:CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD : SPURG-1 OP ID: MF J4 9RO' CERTIFICATE,OF LIABILITY INSURANCE DA04//�6/112YYY) ' PRODUCER. 707-782.9200 THIS CERTIFICATE IS ISSUED AS.A MATTER OF INFORMATION Don.Ramatici Insurance,Inc. ONLY AND. CONFERS.NO RIGHTS UPON THE CERTIFICATE '-P.O.Box 551 HOLDER.:THIS,CERTIFICATE DOES NOT AMEND, EXTEND OR •' Petaluma,CA 94953 ALTER THE COVERAGE-AFFORDED BY THE POLICIES:'BELOW. W.Thomas Griffith - INSURERS-AFFORDING COVERAGE NAIC# INSURED Speurgeon'Painting,Inc. •INSURER A:Wesco Insurance Company 25011 PO:Box:2776 -- Petaluma,CA 94953 INSURER M.TOPA INSURER C: ���'�F� • INSURER Ot I INSURER E: COVERAGES THE POLICIES'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR.THE POLICY PERIOD INDICATED.NOTVVITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION-OF ANY CONTRACTOR 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.AGGREGATE,LIMITS SHOWN MAY HAVE"BEENREDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ITR IN"n DATUM/OD/MY/TYPE OF INSURANCE DATE IMM/DD/YYYYDATUM/OD/MY/ GENERAL LIABILITY EACH OCCURRENCE.. $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY WPP102794000 08/01/11 08/01/12 pREMISESEaemrenm) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ .I ppp5p,00p0 X 2000 B L I/PD Ded PERSONAL 8'ADV INJURY S XXX'QXQ GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,000,000 ^ 78, I 7 POLICY I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X X ANY AUTO WPP102794000 08/01/11 08/01/12 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY (Per accident) $ X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ . AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 B X I OCCUR CLAIMS MADE XL660146101 08/01/11 08/01/12 AGGREGATE $ 1,000,000 DEDUCTIBLE $ •RETENTION $ ' $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY I IMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE n E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NIG E.L.DISEASE-EA EMPLOYEE $ R yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTOR OF OPERATIONS I LOCATORS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:Painting operations of the Named Insured-for the Certificate Holder '10 days notice sent for non-payment of premium , Job:CityHall Restrooms-11 English-Street,Petaluma,CA 30'XCG2010 7/04-Primary CG2037 7/04 CO2404.10/93 CA2048 2199 CERTIFICATE HOLDER CANCELLATION PETACIT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL eneemi.At•- .MAIL 30' DAYS WRITTEN City of Petaluma its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BLaMINIRE TO DD SO6NAt4 officers,officials;age* _ - -. ,- _ - -- _ employees 8 volunteers I 11 English Street �• Petaluma,.CA 94952 AUTHORIZED REPRESENTATIVE c cli, ACORD.26(2009/01) ®1988-2009 ACORD CORPORATION. All rights reserved: The-ACORD name and logo are registered marks of ACORD POLICY NUMBER:WPP102794000 . COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IICAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization's): Location's)of Covered Operations Blanket as required by written contract.. Blanket as required by written contract. It is agreed;thatsuch insurance as is afforded by this for the benefit of the additional.insured shown shall be primary insurance,and any other insurance maintained.by the additional insured(s) shall be excess and noncontributory as respects any claim, loss'or liability allegedly arising out of the operations of the'named insured, provided however that thisinsurance will not apply to any claim loss of liability which-is determined to be solely the result of the additional insured's negligence orrsolely the additional insured's responsibility: , Information required to complete this Schedule,a not shown above,.wili be shown in.the Declarations. A. Section II—Who is An Insured,is amended to B. With respect to the insurance afforded to these include as an additional in sured the person(s)or additional insureds, the following exclusions organization(s) shown in the Schedule,but only apply:. with respect to liability for "bodily injury', This insurance does not apply to"bodily injury" "property damage"or"personal and advertising or"properly damage"occurring after: injury"caused,in whole or in part,by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project(other than service, your behalf; maintenance or repairs)to be performed by in the performance'of your ongoing operations or on behalf of the additional-insured(s)at for the additional insured(s) at.the location(s) the location of the covered operations has designated ;above. . 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 subcontractor engaged in performing operations for a principal as a part of the same project. CO 20 10 07 04 0 ISO Properties,Inc.,2004 Page 1 of 1 Policy Number:WPP102794000 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 Additional Insured,Person(s) Or Organization(s): Location And Description of Completed Operations Blanket as required by written contract. Blanket as required by written contract. 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 Include as an additional insured theperson(s) or Organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, 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 ®ISO Properties, Inc., 2004 Page 1 of 1 • POLICY NUMBER: WPP102794000 COMMERCIAL GENERAL LIABILITY CG 2404, 1093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Petaluma its officers, officials, agents, employees-& volunteers Job:City Hall Restrooms 11 English Street, Petaluma, CA Of no entry appears above, information required.to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition I (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a`contract with that person or organization and included in the "products-completed,operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services.Office, Inc., 1992 POLICY NUMBER:WPP102794000 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the Following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage,provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) ororganization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective: 4/26/12 Countersigned by: Named Insured: Spurgeon.Painting, Inc. WACIRCLIAa"" (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Petaluma, its officers, officials, agents, employees &volunteers Job:City Hall Restrooms- 11 English Street, Petaluma, CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization shown the Schedule is an "insured" for Liability coverage, but wily 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 Form.