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23-131 CSG for Construction Management Services for Various CIP ProjectsConstruction Management Services for Various CIP Projects
Master Professional/Specialized Services Agreement/ Rev. October 2021
Page 1 of 9
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH CSG CONSULTANTS, INC
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation
(“City”), and CSG Consultants, Inc. (“Contractor”) a Corporation for Construction Management
Services for Various CIP Projects, and is effective on the last date signed below (“Effective
Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of
Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must
comply with this Agreement and with each Service Order issued by the City’s Project Manager or
his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit
A. Contractor further agrees to carry out work in compliance with any applicable local, State, or
Federal order regarding COVID-19.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request
Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will
submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and
Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for
the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope
of Services, Schedule of Performance, Compensation, and any other conditions applicable to the
Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized
to streamline these procedures based on the City’s best interests. Contractor will not be compensated
for Services performed without a duly authorized and executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2025
(“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate
department head or City Manager may extend the Contract Time through a written
amendment to this Agreement, provided such extension does not include additional contract
funds. Extensions requiring additional contract funds are subject to the City’s purchasing
policy.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified
in each Service Order, and under no circumstances should the Services go beyond the Contract
Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and
in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver
the Services on time. Contractor must respond promptly to each Service Order request.
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4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to exceed
$500,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and
rates included. The maximum compensation includes all expenses and reimbursements and will
remain in place even if Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be
based on the rates set forth in the Service Order, which shall not exceed the capped amount
specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly
invoices must state a description of the deliverables completed and the amount due for the
preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a
requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other obligations
under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to health
benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services 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 Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
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Master Professional/Specialized Services Agreement/ Rev. October 2021
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unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall
have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.
Should any court, arbitrator, or administrative authority, including but not limited to the California
Public Employees Retirement System (PERS), the Internal Revenue Service or the State
Employment Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Agreement, or to promptly remit to City any payments due by the City as a result
of such determination, so that the City’s total expenses under this Agreement are not greater than
they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned
or controlled by the City, which may contain proprietary or confidential details the disclosure of which
to third parties may be damaging to City. Contractor shall hold in confidence all City information and
use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City
information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out
of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the
property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor
may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this
Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
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7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available to
City for review and audit. The records and supporting documents must be kept separate from other
records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection
with the performance of this Agreement, including but not limited to correspondence between
Contractor and any third party, are public records under the California Public Records Act, California
Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of
public records and shall make such records available to the City upon request by the City, or in such
manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
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 will be null and void. Any changes related to the financial control or business nature
of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City
approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this
Agreement and for one year thereafter, will reference the City’s contributions in making the project
possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers,
press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by
law or this Contract, without prior written approval from the City.
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 Contractors (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses,
costs, 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 Agreement or in any
manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance of
Construction Management Services for Various CIP Projects
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Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary information;
(e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights of any third party.
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. At City’s request, Contractor
will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the
Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor
against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C,
and must maintain the insurance for the duration of the Agreement, or longer as required by City. City
will not execute the Agreement until City approves 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 for Contractor and deducting the costs from Contractor’s
compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations
applicable to this Agreement. Contractor will promptly notify City of changes in the law or other
conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for
verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the
Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
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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.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Contractor warrants that no public official,
employee, or member of a City board or commission who might have been involved in the making of
this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation
of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of
interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as
defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide
by the City’s 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 reimbursements or terminating this Agreement. City reserves all other
rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Susan Michael as the City’s representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. City reserves the right to substitute another Project manager at any time, and without prior
notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Nourdin Khayata as its
single Representative for all purposes under this Agreement, with authority to oversee the progress
and performance of the Services. Contractor’s Project manager is responsible for coordinating and
scheduling the Services in accordance with City instructions, service orders and the Schedule of
Performance. Contractor must regularly update the City’s project manager about the status, progress
and any delays with the work. City’s written approval is required prior to Contractor substituting a
new Representative which shall result in no additional costs to City.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable time
to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in
closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time
expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for
satisfactory Services rendered through the date of termination, but final payment will not be made until
Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
resolution of the dispute. 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.
18. 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 Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the
Parties. Any modification of this Agreement will be effective only if in writing and signed by each
Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or
abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main
Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the
main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
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23. HEADINGS
The headings 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.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect. The Parties agree to work in good
faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and
Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or 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
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Susan Michael
Email: SusanM@cupertino.org
To Contractor:
CSG Consultants, Inc.
550 Pilgrim Dr.
Foster City, CA 94404
Attention: Nourdin Khayata
Email: nourdin@csgengr.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor
has full right, power, and authority to enter into and carry out all actions contemplated by this
Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally
binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which
is deemed an original and all of which, taken together, constitute a single binding instrument.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[SIGNATURE PAGE TO FOLLOW]
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Master Professional/Specialized Services Agreement/ Rev. October 2021
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
CSG CONSULTANTS, INC.
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
nourdinkhayata
nourdinkhayata
Vice President
Nov 13, 2023
Christopher D. Jensen
City Manager
Pamela Wu
Nov 29, 2023
Nov 29, 2023
EXHIBIT A
SCOPE OF SERVICES
Exhibit A-Scope of ServicesCSG Consultants, Inc.
Construction Management Services 2023-2025 Page 1 of 9
The CONSULTANT shall provide certain Construction Management services as required and
requested by the CITY.
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully
executed SERVICE ORDER (Exhibit B).
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY’s Public
Works Director or authorized Agent.
B.The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Program and Project
Management Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services, the time limit within which such services must be
completed, and the compensation for such services. Unauthorized services performed
by the CONSULTANT shall be at no cost to the CITY.
D.The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY’s designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Construction Management services for various CITY Public
Works projects. All services performed shall be authorized by a fully executed SERVICE
ORDER prior to work commencement.
A. General Performance Requirements
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 2 of 9
1. The performance of all services by CONSULTANT shall be to the satisfaction of the
CITY, in accordance with the express terms hereof, including but not limited to the terms set
out in detail in this scope of services and the standard of care provisions contained in this
AGREEMENT.
2. CONSULTANT shall be responsible for coordinating the work of all consultants and
contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings
and prepare meeting agendas and minutes for all PROJECT meetings during the execution
of this agreement under the scope of work. All minutes of meetings are due to the CITY
within five (5) working days after the meeting. CONSULTANT shall provide copies of such
documentation to the CITY, and as directed by the CITY, to other appropriate agencies and
entities.
3.CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
CONSULTANT shall not substitute any team members without the prior approval of the
CITY. CITY retains the right to reject team members assigned by CONSULTANT or require
replacement of team members.
4. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT.
CONSULTANT shall consult with the CITY, research applicable information, and
communicate with members of the PROJECT team.
5. During the course of work of an assigned PROJECT, CONSULTANT shall meet weekly
with CITY’s assigned project manager for the respective construction projects to provide an
update on the current status of the construction project. CM will provide the CITY’s
assigned project manager with a summary report.
B.CONSULTANT shall effectively manage the assigned construction projects for the efficient,
progressive, and proactive delivery of each construction project. For each assigned
construction project, the CONSULTANT may provide any or all of the following tasks and
subtasks under Section 2, as is required for each specific project.
C.TASKS
Consultant services for any assigned project under this Master Agreement may include, but is
not limited to the following tasks:
Task 1 – Pre-Construction Phase - work may include but is not limited to the following:
1)Conduct a constructability review of the construction documents (50%, 95% and 100%)
for the various projects. Provide a written report with recommendations for changes.
2) Cost Estimate review and value engineering for various projects. Provide a written
report with recommendations.
3)Utility coordination for projects. Work shall include a survey of existing utilities, the
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 3 of 9
development of utility service plan for new and existing structures, coordinating with
consultant preparing the project plans and making application to the utility companies
for service.
4) Assist with the building permit approval process. Work may include but is not limited
to coordinating with design consultant and building department to receive an approved
building permit.
5)Assist with the review and approval process for other permits and regulatory
requirements. Work shall include but is not limited to coordinating with design
consultant, city staff, and regulatory agencies to apply for and secure approved permits
and authorizations as needed.
6)Assist with the development and conducting of public outreach programs to assist in
providing public information regarding project.
7) Assist with grant administration during the project.
Task 2 – Bid Phase - work may include but is not limited to the following:
1) Conduct a pre-bid Conference with prospective Bidders.
2) Assist with the issuing of Addendums.
3) Assist in the development of bidders’ interest in a project.
4) Review bid documents and assist the CITY in evaluation of bidders Statement of
Qualifications for responsible low bidder and assist in analyzing bid protest as may be
necessary.
5)Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and
make recommendations on award.
6) Assist in review and processing of substitution submittals during bid and construction
phase.
Task 3 – Construction Phase – work may include but is not limited to the following:
1) Administration and Coordination of Construction Contract: CM will provide
administrative, construction management and related services necessary to administer
the Construction Contract on each assigned project. CM’s services may include but are
not limited to the following:
a.Scheduling, coordinating and conducting pre-construction and construction
meetings; recording, maintaining and distributing minutes thereof.
b. Prior to start of project construction the CM and CITY will come to agreement on
the format for all project records to be kept and turned over to the CITY at the
completion of the project. Documents may be hard copies and/or electronic. CM
will make recommendations on programs to be used for tracking and other
record keeping needs.
c.Develop and implement a procedure for the submittal and processing of
submittals with the design consultant. This shall include preparing and updating
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 4 of 9
logs. Provide preliminary review for completeness and general compliance of
submittals that are to be reviewed by the design consultant. Provide review and
response for submittals that do not involve the design consultant (such as Safety
Plan, Fire Protection Plan). Sign and date such submittals with response:
Reviewed or Revise and Resubmit.
d. Develop and implement a procedure for the submittal and processing of
substitution requests with the CITY and the design consultant. This shall include
preparing and updating logs.
e. Develop and implement a procedure for timely handling and disposition of the
Contractor’s request for information (RFI) or clarifications with the design
consultant. This shall include preparing and updating logs.
f. Establish and implement procedures for the timely transmittal and receipt of
communications, drawing and other information between CM, design consultant
and the Contractor relating to construction of the project.
g. Develop and implement a procedure for the timely submittal, processing and
tracking of Contract Change Orders (CCO), Request for Price Quote (RPQ), etc.
with the CITY. This shall include preparing and updating logs.
h. Coordinate and maintain a project directory for the project, with emergency
contact information.
i.Review the Contractor’s comprehensive schedule that establishes a base line and
reports the status and progress of the project. The schedule should include
details such as milestones and key activities to track project progress. Review the
Contractor’s three week look ahead schedule. Verify that schedules conform to
the construction contract documents.
j. Work with CITY and Contractor to maintain use of existing facilities that are
affected by the construction, to minimize the disruption to the existing facilities
and to have their continued use during the construction of the project. This
includes all phase of construction and delivery of materials.
2) Monitoring of construction costs and progress payments, CM services may include but
are not limited to the following:
a.Provide and maintain project level reports for budgeting and contingency
tracking; contract payment status; cash flow forecasting and analysis; grant
documentation; and other financial reporting as necessary to support the CITY’s
accounting needs. CM shall maintain records reflecting the actual costs for
activities completed or in progress, including records relating to work performed
on a unit cost basis and additional work performed by the Contractor on a time
and materials basis. CM shall monitor and advise the CITY of costs pertaining to
potential, pending and completed changes; and potential or pending claims.
b. Develop a procedure for submittal, review and processing of the progress
payments to Contractor, along with associated forms and reporting systems. CM
shall review progress payment applications and work with Contractor to achieve
agreement on the progress payment amount. CM will verify that the “as built”
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 5 of 9
check set of plans by the Contractor are updated prior to approval of progress
payment being submitted to the CITY. CM will require Contractor to provide a
conditional waiver and release for progress payments and a final release and
waiver for the final payment. CM will certify that the data in each application for
progress payment is to the best of CM’s knowledge, information and belief, the
work has progressed to the point indicated in the application for progress
payment and the quality of the work is generally in accordance with the contract
documents. CM’s review of application for progress payment shall be
undertaken and completed in a timely manner so that the CITY can meet its
obligations to make progress payment due Contractor within the time permitted
by applicable law without incurring interest liability or other penalties/liabilities.
CM shall also verify the progress payment satisfies any grant requirement.
3) Substantial completion and final completion, CM services may include but are not
limited to the following:
a.Consult with the design consultants and CITY to jointly ascertain the
achievement of substantial completion of the project. If upon inspection of the
project substantial completion has not been achieved, the CM will assist the
design consultant in noting the conditions of the work and the measures
necessary for the Contractor to achieve substantial completion. Upon
determining that the Contractor has achieved substantial completion the CM will
coordinate the CITY’s and design consultant’s final inspection of the work to
note punch list items to be completed by the Contractor as a condition to achieve
final completion.
b. Assist the CITY in issuing a certificate of substantial completion and final
completion, as applicable.
4) Progress Records, CM services may include but are not limited to the following:
a. Maintain records of the progress of construction of the project, including written
progress reports and photographs reflecting the status of construction and
percentage completion of the project. CM will maintain daily records during
construction of the project showing weather conditions, personnel of the
Contractor and Subcontractor at the site, work accomplished, problems
encountered and other matters materially affecting the project, completion of the
project or construction cost to complete construction of the project. CM shall
maintain project records for test results and special inspection results.
b. Provide monthly progress reports on the project.
5) Site observations of project, CM services may include but are not limited to the
following:
a.CM shall be on-site during construction of the project and substantially at all
times during which there are construction activities at the site. CITY and CM
may agree to the amount of time required to be at the site for observation,
however this does not relieve the CM from the requirement of having knowledge
of the status of the work.
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 6 of 9
b. Coordinate testing, lab services and inspections, this includes by outside firms.
CM will work with the Building Department for permit inspections coordination
and final approvals of permit. Provide testing and test results by testing firm
acceptable to CITY. Such testing services shall be a reimbursable expense as
described in Task 5.
c. Maintain at the site the following documents at a minimum: Contract, Drawings,
Specifications, approved Change Orders, Submittals, building permit, SWPPP
and associated testing or monitoring documentation, other permits, applicable
codes, rules and regulation and other written or electronic materials relating to
the project.
d. CM will endeavor to guard the CITY against defects and deficiencies in
construction and workmanship of the project on the basis of its site observations,
and a quality control program established and implemented hereunder to
monitor construction workmanship for conformity: 1) accepted industry
standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the
requirements of the construction documents.
e. CM shall reject work whenever in the ordinary course of discharging its services
the CM discovers or observes patent conditions of defective or deficient
construction and workmanship which as or may have an adverse impact upon
the project’s life-safety systems or operations, structural elements or integrity of
the safety of persons or property. CM shall take prompt action appropriate under
the circumstances, including stopping the work and thereupon notifying the
CITY in writing. CM’s responsibilities hereunder shall be limited to defective or
deficient work or an apparent or patent nature.
f. Review the Contactor safety program and the requirements of the construction
documents and applicable law. CM shall monitor the Contractor’s compliance
with safety programs and advise the CITY of measures, if any, necessary or
appropriate to obtain the Contractor’s compliance. By undertaking the obligation
hereunder, CM shall not be deemed to have assumed responsibility of the
adequacy or sufficiency of safety programs implemented by the Contractor, but
the CM is responsible for verifying that the Contractor has established a safety
program, that the safety program established by the Contractor is in compliance
with applicable law, rule or regulation and that the Contractor has implemented
its safety program.
g.CM shall promptly notify the CITY in writing of all CM observed instances of
Contractor’s failure to comply with applicable safety requirements. If in the
course of performing services during the construction, the CM observes a safety
violation or other unsafe condition on or about the site or surrounding area
which have a immediate or potential or actual adverse effect on life or property,
the CM is authorized, without prior notice to the CITY or prior directive by the
CITY, to take all actions deemed necessary and appropriate by the CM under the
then existing circumstances to prevent such actual or potential adverse effect.
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 7 of 9
h. CM shall become familiar with all CEQA documents and permit requirements
from other agencies having jurisdictions over the site or work that will affect the
project and the construction site. CM shall be responsible for monitoring all
aspects of the project as it relates to the requirements. CM shall monitor the
Contractor’s compliance with all requirements of the CEQA documents and
permits by other agencies. CM shall take prompt action appropriate under the
circumstances, including stopping the work and thereupon notifying the CITY in
writing if Contractor is not following all requirements.
6)Contract Change Order (CCO) processing, CM services may include but are not limited
to the following:
a.Coordinate and disseminate correspondence, drawings and other written
materials by and between the Contractor, the CITY and the design consultants
relating to changes to the project. CM will coordinate the Contractor’s
performance of changes authorized by the CITY. CM shall maintain a log or
other written records to monitor the pendency and disposition of change and
CCOs to keep the CITY advised of the status of the same and the actual or
potential impact of any particular change or CCO or the cumulative effects
thereof on the construction cost or time for completion of construction of the
project.
b. Assist the CITY and design consultant in evaluation of requests for the Contactor
for issuance of CCOs, assist in negotiations with the Contractor relative to the
CCOs proposals and the adjustment of the contract price or the contract time
under the construction contract. CM will make recommendations to the CITY
and the design consultant for handling and disposition of the Contractor’s
proposal relative to the changes. If a change to the construction contract is
approved or authorized by the CITY, CM will assist the CITY and the design
consultant in the preparation of a CCO reflecting such approved or authorized
change to the construction contract. The CM is not authorized, without the prior
consent and approval of the CITY, to effectuate or authorize any change to the
work of the project. The CM shall be liable to the CITY for all direct and
consequential costs, losses or damage resulting from the CM’s direction or
authorization of effectuate a change to the work of the project without the prior
direction and authorization by the CITY.
7) Claims handling, CM service may include but are not limited to the following:
a. Assist the design consultant in the review, evaluation and processing of claims
asserted by the Contractor; CM will make recommendations to the CITY as to
merit, handling and disposition of Contractor’s claims. Except in the event that
the CM is alleged to have caused or contributed to the circumstances giving rise
to a Contractor claim or other Contractor demand for compensation, services of
the CM to prepare documentation or provide testimony in a mediation,
arbitration or judicial proceeding arising out of such a claim or demand for
compensation shall be deemed additional services. If the CM is alleged to have
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 8 of 9
caused or contributed to a Contractor claim, the CM’s claims handling services,
including without limitation, claims analysis, assistance in preparing
briefs/graphic materials in connection with negotiations or dispute resolution
proceeding relating to a Contractor claim shall be deemed part of the CM’s basic
services under this agreement.
8) CM equipment, CM may provide the following equipment necessary to carry out CM
duties:
a.Provide all equipment, furnishings and other items necessary to complete the
services required for the project. Including without limitation, trailer, computers,
related hardware, software, vehicles, cell phones, office equipment and copiers.
Task 4 – Inspections and Testing – work may include but is not limited to the following:
1) CM shall conduct routine inspection of the construction work over the course of
construction to ensure compliance of the work with the construction contract, including
all drawings and specifications.
2) CM shall monitor the contractor’s compliance with required Regulatory Agency Permit
inspections and advise CITY of coordination problems and Contractor’s compliance
with permit/inspection requirements.
3) CM shall engage the necessary subconsultants to perform the necessary inspections and
testing as required for the project. CM shall schedule and coordinate with the contractor
and subconsultant for the necessary testing and inspection for the project.
4) Compensation to the CM for inspections and testing by subconsultant shall be for the
actual billed amount only, no mark up or overhead will be allowed for these
subcontracted services. CM shall bill monthly for actual inspections and testing
completed. CM shall attach copies of subconsultants’ invoice for verification of cost
being billed.
Task 5 – Post-Construction Phase – work may include but is not limited to the following:
1) Contractor closeout document review, CM services may include but are not limited to
the following:
2)Receive from the Contractor the closeout documents and items to be submitted by the
Contractor under the terms of the Construction Contract upon completion of its
obligations under the Construction Contract. The CM shall review each Contractor’s
closeout submittals to determine conformity with the requirements of the Construction
Contract. If the CM determines that any Contractor’s closeout submittals are not in
conformity with requirements of the construction contract, the CM shall make
recommendations to the CITY for measures to secure compliance with the requirements
of the construction contract. The CM shall deliver to the CITY all of the Contractor’s
closeout submittals, including the Contractor’s as-build drawings which the CM shall
CSG Consultants, Inc.Exhibit A-Scope of Services
Construction Management Services 2023-2025 Page 9 of 9
transmit to the design consultant for preparation of the record drawings. The CM shall
monitor the design consultant’s preparation and completion of the project record
drawings prior to delivering to the CITY.
3) Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the
construction contract, the CM shall assemble and deliver to the CITY all of the records
maintained by the CM relating to the project.
END OF EXHIBIT
CSG Consultants, Inc.
Construction Management Services 2023-2025
Compensation
Page 1 of 2
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant’s total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order, unless authorized
by a written amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all
work performed under authorized Service Orders:
Labor Category Master Agreement Hourly Rate
Resident Engineer $230
Assistant Resident Engineer /
Office Engineer
$190
Construction Inspector $165
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
•Individual or multiple document reproductions that exceed 50 pages;
•Drawing or bid set reproductions;
•Software required by City other than Microsoft Word, Excel, PowerPoint, and
Project; Adobe Acrobat; and a photo editor program.
•Travel expenses to the extent allowed by City policy;
•Sub-consultants required by project scope of services;
COMPENSATION
CSG Consultants, Inc.
Construction Management Services 2023-2025
Compensation
Page 2 of 2
•Safety equipment required by City policy or the project scope of services;
•Mass mailing notifications;
•Expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation
equipment.
The City shall compensate the Consultant for such reimbursable expenses only with
prior written authorization by the City representative designated in Section 14, Project
Coordination, of the Master Agreement. All compensation, including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable expenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 5th business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be emailed to
PWInvoices@Cupertino.org and the Project Manager or mail to the City at:
Attention: Susan Michael, Capital Improvement Programs Manager
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
The invoice shall identify the applicable period of work, a description of the work
performed consistent with the Service Order scope of services, the number of hours,
hourly rate, reimbursable expenses, Service Order maximum compensation, Service
Order compensation to date including invoice number, total invoice amount for current
invoice, Service Order maximum compensation balance remaining.
All Consultant payments shall be addressed to:
CSG Consultants, Inc.
3150 Almaden Expressway, Ste 255
San Jose, CA 95118
Attention: Nourdin Khayata, PE
END OF EXHIBIT
EXHIBIT B
SERVICE ORDER PROCESS
Exhibit B-Service Order ProcessCSG Consultants, Inc.
Construction Management Services 2023-2025 Page 1 of 1
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Section 14 , Project Coordination, and (2) as defined in a fully executed
Service Order.
SECTION 1- SERVICE ORDER INITIATION
A. The City Public Works Director or his/her designee shall provide written request for
Consultant services as defined in this agreement. The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services, performance schedule, and compensation to the
City.
B.The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C.The City shall prepare a Project Service Order consistent with the City’s standard form,
Service Order, and Attachment A. The Service Order shall, at a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2- SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Section 14 of the Master Agreement, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall be at no cost to
the City.
F.The maximum compensation authorized by a single Service Order and/or the aggregate
of Service Orders shall not exceed the maximum compensation set forth in Article 4 of
the Master Agreement.
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MASTER AGREEMENT #:MA Date:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Email Address:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Consultant:
Manager:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
MA End Date:
Encumbrance this Service Order:
City of Cupertino Master Agreement Service Order
Insurance Requirements for Professional/Specialized Services
Agreement
Version: Jan. 2022
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance and results
of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, contractual liability, property
damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately
to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits
shall be made available to the Additional Insured and shall be (1) the minimum
coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-
contributory," will not seek contribution from City’s insurance/self-insurance, and shall be
at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella
or excess insurance, provided each policy complies with the requirements set forth in this
Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary basis for the benefit of City before
the City’s own insurance or self-insurance shall be called upon to protect City as a named
insured.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has
no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less
than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees).
4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions,
with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising
out of the Services performed by or on behalf of Contractor including materials, parts, or equipment
furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Insurance Requirements for Professional/Specialized Services
Agreement
Version: Jan. 2022
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be
excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related
investigations, claim administration and defense expenses within the retention. The policy shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an
A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
2. Insurance must be maintained for at least five (5) years after completion of the Services.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies
of the policies effecting the coverage required by this Contract), and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the
Services. City retains the right to demand verification of compliance at any time during the Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional insured on insurance required from
subcontractors.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/20/2022
License # 0C36861
21873
CSG Consultants, Inc.
550 Pilgrim Drive
Foster City, CA 94404
21849
21881
10046
A 1,000,000
X X USC032768220 12/4/2022 12/4/2023 100,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000B
X X SCV013084-22-01 12/4/2022 12/4/2023
5,000,000A
X X USC029989221 12/4/2022 12/4/2023 5,000,000
10,000
C
X SCW023953-22-01 12/4/2022 12/4/2023 1,000,000
1,000,000
1,000,000
D Professional Liab.X 83 OH 0489503-22 12/4/2022 Ded: $50,000; Agg:5,000,000
D Retro Date: 1/1/1991 83 OH 0489503-22 12/4/2022 12/4/2023 Occurrence:5,000,000
Re: City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are included as additional insureds on GL & Auto with
Waiver of Subrogation and 30 Day Notice of Cancellation per attached. Waiver of Subrogation on WC and 30 Day Notice of Cancellation on Professional per
attached. 30 Day Notice of Cancellation on WC is not available. Waiver of Subrogation on Professional applies.
City of Cupertino
10300 Torre Avene
Cupertino, CA 95014
CSGCONS-01 TWANG
Alliant Insurance Services, Inc.
560 Mission St 6th Fl
San Francisco, CA 94105
Melissa Hill
Melissa.Hill@alliant.com
Fireman's Fund Insurance Company
American Automobile Insurance Company
National Surety Corporation
Pacific Insurance Company, Limited
X
12/4/2023
X
X
X
X
X
X
X
MultiCover® - Without Medical Payments - CG 71 93 03 19
Policy Amendment(s) Commercial General Liability Coverage Form
Your Commercial General Liability Coverage Form is revised as follows:
1. Broadened Named Insured
A. SECTION II - WHO IS AN INSURED, item 3., is deleted and replaced by the following:
3. Any organization that you own at the inception of this policy, or newly acquire or form during the policy
period, and over which you maintain during the policy period majority ownership or majority interest,
will qualify as a Named Insured if:
a. There is no other similar insurance available to that organization; and
b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for
that organization; and
c. That organization is incorporated or organized under the laws of the United States of America.
However:
(1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the
beginning of the policy period shown in the Declarations, or the end of the policy period, whichever
is earlier; and
(2) Coverage A does not apply to bodily injury or property damage that occurred before you acquired
or formed the organization; and
(3) Coverage B does not apply to personal and advertising injury arising out of an offense committed
before you acquired or formed the organization.
B. SECTION II - WHO IS AN INSURED, the last paragraph, is deleted and replaced by the following:
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture, or limited liability company that is not shown as a Named Insured in the Declarations. However,
this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An
Insured, item 3., above.
2. Additional Insured
If an Additional Insured endorsement is attached to this policy that specifically names a person or organization
as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization.
SECTION II - WHO IS AN INSURED, subsection 2.e., is added as follows:
e. Any person or organization is included as an additional insured, but only to the extent such person or
organization is legally obligated to pay for bodily injury, property damage or personal and advertising
injury caused by your acts or omissions. With respect to the insurance afforded to such additional insured,
all of the following additional provisions apply:
(1) You have agreed in a written insured contract that such person or organization be added as an
additional insured under this policy;
(2) The bodily injury, property damage or personal and advertising injury for which said person or
organization is legally obligated to pay occurs subsequent to the execution of such insured contract;
(3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits
of Insurance shown in the Declarations or the limits of insurance required by the insured contract;
(4) The insurance afforded to such additional insured only applies to the extent permitted by law;
Policy Number: USC032778220
(5) Such person or organization is an additional insured only with respect to:
(a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to,
or leased to you, except such person or organization is not an insured with respect to structural
alterations, new construction or demolition operations performed by or on behalf of such person
or organization;
(b) Your ongoing operations performed for that insured;
(c) Their financial control of you, except such person or organization is not an insured with respect to
structural alterations, new construction or demolition operations performed by or on behalf of such
person or organization;
(d) The maintenance, operation or use by you of equipment leased to you by such person or
organization;
(e) Operations performed by you or on your behalf and for which a state or political subdivision has
issued a permit, provided such operations are not performed for such state or political subdivision,
and are not included within the products-completed operations hazard; or
(f) Their liability as a grantor of a franchise to you.
(6) This insurance does not apply to bodily injury, property damage, personal and advertising injury,
occurrence or offense:
(a) Which takes place at a particular premises after you cease to be a tenant of that premises;
(b) Which takes place after all work, including materials, parts or equipment furnished in connection
with such work to be performed by or on behalf of the additional insured at the site of the covered
operations, has been completed;
(c) Which takes place after that portion of your work out of which the injury or damage arises has
been put to its intended use by any other person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as part of the same project; or
(d) Which takes place after the expiration of any equipment lease to which (4)(d) above applies;
(7) With respect to architects, engineers or surveyors, coverage does not apply to bodily injury, property
damage or personal and advertising injury arising out of the rendering or failure to render any
professional services by or for you, including:
(a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders, or drawings and specifications; or
(b) Supervisory, inspection, architectural, or engineering services.
These exclusions apply even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused
the bodily injury or property damage, or the offense which caused the personal or advertising injury, involved
the rendering of or the failure to render any professional services by or for you.
3. Additional Insured - Vendors
If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or
organization as an additional insured, then this Section 3. Additional Insured - Vendors does not apply to that
person or organization.
Unless the products-completed operations hazard is excluded from this policy, SECTION II - WHO IS AN
INSURED, item 2.f. is added as follows:
f. Any vendor of yours is included as an additional insured, but only with respect to bodily injury or property
damage caused by your products which are distributed or sold in the regular course of the vendor’s
business, subject to the following additional exclusions:
Policy Number: USC032778220
(1) The insurance afforded such vendor does not apply to:
(a) Bodily injury or property damage for which the vendor is obligated to pay damages by reason of
the assumption of liability in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor;
(d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed
to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed by
the vendor in full compliance with the manufacturer’s written instructions at the vendor’s premises
in connection with the sale of the product;
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
(h) Bodily injury or property damage arising out of the liability of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such
products or any ingredient, part or container, entering into, accompanying or containing such products;
(3) The most we will pay is the lesser of either the amount of insurance available under the applicable
Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or
agreement; and
(4) The insurance afforded to such vendor only applies to the extent permitted by law.
4. Additional Insured - Limited Primary and Noncontributory Provision
The following is added as a second paragraph to Section IV Conditions, Condition 4. Other Insurance, following
paragraph b.(2):
However, if you have added any person, organization or vendor of yours as an additional insured to this policy
by way of this MultiCover® endorsement and have agreed in a written insured contract that this insurance is
primary and non-contributory with other insurance available to that additional insured, this insurance is primary
and we will not seek contribution from such additional insured’s other insurance, provided that the additional
insured is a Named Insured under such other insurance.
5. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8., is deleted and replaced by the
following:
8. Transfer of Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation
a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must do nothing after the loss to impair those rights. At
our request, the insured will bring suit or transfer those rights to us and help us enforce them.
b. If required by a written insured contract executed prior to the occurrence or offense, we waive any
right of recovery we may have against any person or organization named in such insured contract,
because of payments we make for injury or damage arising out of your operations or your work for
that person or organization.
Policy Number: USC032778220
6. Cancellation - 90 Days
Common Policy Conditions endorsement IL0017, A. Cancellation, item 2.b. is deleted and replaced by the
following:
b. 90 days before the effective date of cancellation if we cancel for any other reason.
7. Liberalization
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added as an additional
Condition:
Liberalization
If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part
of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is
effective upon the approval of such broader coverage in your state.
8. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage
A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, the last paragraph, is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises
while:
1. Rented to you;
2. Temporarily occupied by you with the permission of the owner; or
3. Managed by you under a written agreement with the owner.
A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSURANCE.
B. SECTION III - LIMITS OF INSURANCE, item 6., is deleted and replaced by the following:
6. Subject to 5. above, the Damage to Premises Rented To You Limit shown in the Declarations, for
property damage to any one premises while rented to you, or in the case of damage by fire, explosion,
sprinkler leakage, or lightning while rented to you, temporarily occupied by you with the permission of
the owner, or managed by you under a written agreement with the owner, is the greater of:
a. $1,000,000 Any One Premises; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, b. Excess
Insurance, (1)(a), items (i) and (iii), are deleted and replaced by the following:
(i) That is Fire, Explosion, Sprinkler Leakage or Lightning insurance for premises while rented to you,
temporarily occupied by you with permission of the owner, or managed by you under a written agreement
with the owner;
(iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises
rented to you, temporarily occupied by you with the permission of the owner, or managed by you under
a written agreement with the owner; or
D. SECTION V - DEFINITIONS, 9. Insured Contract, item a., is deleted and replaced by the following:
(a) A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fire, explosion, sprinkler leakage, or lightning to
premises while rented to you, temporarily occupied by you with permission of the owner, or managed
by you under a written agreement with the owner, is not an insured contract;
9. Damage to Invitees’ Automobiles from Falling Trees or Tree Limbs - Limited Coverage
Policy Number: USC032778220
This coverage applies to direct physical damage to automobiles owned by invitees subject to all of the following:
1. Provided such damage originates from trees on premises owned, managed, leased or rented by an insured;
2. Coverage applies only to invitees of an insured or an insured’s tenant;
3. Such damage is directly caused by wind-driven falling trees or tree limbs;
4. The most we will pay for any one loss is the lowest of:
a. the actual cash value of the damaged automobile as of the time of the loss; or
b. the cost of repairing the damaged automobile; or
c. the cost of replacing the damaged automobile with another automobile of like kind and quality.
Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000
in any one policy period;
5. This coverage is not subject to the General Liability General Aggregate Limit; and
6. We will make payments under this coverage without regard to fault.
10. Non-Owned or Chartered Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, item g. Aircraft, Auto, or Watercraft, item (2), is deleted and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used for public transportation or as a common carrier;
11. Chartered Aircraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.
Exclusions, g. Aircraft, Auto Or Watercraft, item (6), is added as follows:
(6) An aircraft in which you have no ownership interest and that you have chartered with crew.
12. Coverage Territory - Broadened
SECTION V - DEFINITIONS, item 4.a., is deleted and replaced by the following:
a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda,
the Bahamas, The Cayman Islands and the British Virgin Islands;
13. Personal and Advertising Injury - Contractual
Unless personal and advertising injury is excluded from this policy the following applies:
SECTION I - COVERAGES, COVERAGE B, 2. Exclusions, item e., is deleted.
14. Fellow Employee Coverage
SECTION II - WHO IS AN INSURED, 2.a., item (1) is deleted and replaced by the following:
(1) Personal and advertising injury:
However, subsections (a), (b), (c) and (d) of item (1) remain unchanged.
15. Bodily Injury Definition - Broadened
SECTION V - DEFINITIONS, 3. Bodily Injury is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish
resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
16. Expected or Intended Injury - Amendment to Exclusion
Policy Number: USC032778220
SECTION I. Coverage A Bodily Injury and Property Damage Liability, 2. EXCLUSIONS, a. Expected or Intended
Injury, is deleted and replaced by the following:
a. Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the insured.
This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable
force to protect persons or property.
17. Unintentional Failure to Disclose Hazards
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representations, the following is
added:
d. If you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny
coverage under this Coverage Form because of such failure. However, this provision does not affect our
right to collect additional premium or exercise our right of cancellation or non-renewal.
18. Supplementary Payments - Increased Limits
SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, items 1.b. and 1.d., are
deleted and replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any
vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or suit, including substantiated loss of earnings up to $500 a day because of time off from work.
19. Duties in the Event of an Occurrence, Offense, Claim or Suit - Amended
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 2.a. is deleted and replaced by the
following:
(1) You must see to it that we or any licensed agent of ours are notified of a General Liability occurrence or
offense which may result in a claim as soon as practicable after it becomes known to:
(a) You, if you are an individual;
(b) Your partner or member, if you are a partnership or joint venture;
(c) Your member, if you are a limited liability company;
(d) Your executive officer if you are an organization other than a partnership, joint venture or limited liability
company; or
(e) Your authorized representative or insurance manager.
Knowledge of an occurrence or offense by persons other than those listed above does not imply that those
listed above also have such knowledge.
(2) To the extent possible, notice should include:
(a) How, when and where the occurrence or offense took place;
(b) The names and addresses of any injured persons and witnesses; and
(c) The nature and location of any injury or damage arising out of the occurrence or offense.
20. Non Employment Discrimination Liability
Unless personal and advertising injury is excluded from this policy the following applies:
A. SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as follows:
h. Discrimination.
B. B. SECTION V - DEFINITIONS, item 23. is added as follows:
Policy Number: USC032778220
23. Discrimination means the unlawful treatment of a person or class of persons because of their specific
race, color, religion, gender, age, or national origin in comparison to one or more persons who are not
members of the specified class.
C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2.
Exclusions, the following are added:
q. Discrimination directly or indirectly related to the past employment, employment or prospective
employment of any person or class of persons by any insured;
r. Discrimination directly or indirectly related to the sale, rental, lease or sublease or prospective sale,
rental, lease or sublease of any dwelling or permanent lodging by or at the direction of any insured;
s. Discrimination, if insurance thereof is prohibited by law; or
t. Fines, penalties, specific performance, or injunctions levied or imposed by a governmental entity,
governmental code, law, or statute because of discrimination.
All other terms and conditions of the policy apply.
Policy Number: USC032778220
Page 1 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
FleetCover® Endorsement – CA 70 18 10 14
Policy Amendment
This Endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A.Broadened Named Insured
Section II – Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the
following is added:
Any organization you own on the inception of this policy, or newly acquire or form during the
policy period, and over which you maintain during the policy period, majority ownership or
majority interest will qualify as a Named Insured if:
(1)There is no other similar insurance available to that organization; and
(2)The first Named Insured shown in the Declarations of this policy has the responsibility of
placing insurance for that organization; and
(3)The organization is incorporated or organized under the laws of the United States of America.
However:
(a)Coverage under this provision is afforded only until the next occurring 12 month anniversary of
the beginning of the policy period shown in the Declarations, or the end of the policy
period, whichever is earlier; and
(b)Coverage under this provision does not apply to bodily injury or property damage that
results from an accident that occurred before you acquired or formed the organization; and
(c)No person or organization is an insured with respect to any current or past partnership, or
joint venture that is not shown as a Named Insured in the Declarations; and
(d)Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered
as an insured under any other automobile liability insurance policy whose limits of
insurance have been exhausted or whose insurer has become insolvent.
B.Broadened Who Is an Insured
1.Form CA0001 (if attached to this policy), Section II – Covered Autos Liability Coverage, A.
Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows:
d. Your employee while using his owned auto, or an auto owned by a member of his or
her household, in your business or your personal affairs, provided you do not own, hire
or borrow that auto.
2.Form CA0020 (if attached to this policy), Section II – Covered Autos Liability Coverage, A.
Coveraqe, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows:
f.Your employee or agent while using his owned private passenger type auto, or a
private passenger type auto owned by a member of his or her household, in your
business or personal affairs, provided you do not own, hire, or borrow that auto.
This form must be attached to Change Endorsement when issued after the policy is written.
One of the Allianz Global Risks US Companies as named in the policy.
Policy Number: SC V 013084 22 01
Page 2 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
C. Additional Insured Coverage and Waiver of Subrogation
1. Form CA0001 (if attached to this policy), Section II – Covered Autos Liability Coverage, A.
Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if
attached to this policy), Section II – Covered Autos Liability Coverage, A. Coverage, 1. Who
Is An Insured; the following is added as item g.:
Any person or organization with respect to the operation, maintenance, or use, of a covered
auto, provided that you and such person or organization have agreed under an expressed
provision in a written insured contract or written agreement, or a written permit issued to
you by a governmental or public authority, to add such person, organization, or governmental
or public authority to this policy as an insured.
However, such person or organization is an insured:
(1) Only with respect to the operation, maintenance, or use, of a covered auto; and
(2) Only for bodily injury or property damage 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. Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, A. Loss
Conditions, item 5.; and form CA0020 (if attached to this policy), Section V - Motor Carrier
Conditions, A. Loss Conditions, item 6.; the following is added:
Waiver of Subrogation
If required by a:
a. Written insured contract or written agreement executed prior to the accident; or
b. Written permit issued to you by a governmental or public authority prior to the accident;
we waive any right of recovery we may have against any person or organization named in
such contract, agreement or permit, because of payments we make for injury or damage
arising out of the ownership, maintenance or use of a covered auto.
D. Auto Medical Payments - Increased Limit
For each covered auto described in the Declarations or shown in the Schedule as having
Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is
revised to the greater of:
1. $5,000; or
2. The limit shown in the Declarations.
E. Hired Auto Physical Damage Coverage and Loss of Use Expenses
Hired Auto Physical Damage Coverage
Policy Number: SC V 013084 22 01
Page 3 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
If Physical Damage Coverage is provided by this policy on your owned covered autos, the
following applies:
Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy
for Physical Damage Coverage. However any such auto:
1. Will be covered only for the same Physical Damage Coverage that applies to your owned
covered autos;
2. Will be subject to the same applicable deductible shown in the Declarations that applies to
your most similar owned covered auto, except any Comprehensive Coverage deductible
does not apply to loss caused by fire or lightning; and
3. The most we will pay for any one loss in any one accident is the lesser of the following:
a. Actual cash value of the damaged or stolen property as of the time of the loss as
determined by us; or
b. The cost of repairing or replacing the damaged or stolen property with other property of
like kind and quality.
In addition, we will pay costs and fees associated with such covered loss only for a maximum
time period of seven days beginning with the date of loss, subject to a maximum of $500.
However:
1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease,
hire, rent or borrow from any of your employees, partners (if you are a partnership),
members (if you are a limited liability company) or members of their households; and
2. If form CA0020 is attached to this policy, this coverage does not apply to any private
passenger type auto you lease, hire, rent or borrow from any member of your household,
any of your employees, partners (if you are a partnership), members (if you are a limited
liability company), or agents or members of their households.
Hired Auto Loss of Use Expenses
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extension, b. Loss of Use Expenses; and form CA0020 (if attached to this policy),
Section IV - Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use
Expenses; is deleted and replaced by the following:
b. For Hired Auto Physical Damage, we will pay expenses for which an Insured becomes
legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under
a written rental contract or agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is
provided for any covered auto;
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss
is provided for any covered auto; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any
covered auto.
Policy Number: SC V 013084 22 01
Page 4 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
However, the most we will pay for any expenses for loss of use is $100 per day, to a
maximum of $1,000.
F. Coverage Territory - Hired Auto
1. Form CA0001, (if attached to this policy), Section IV - Business Auto Conditions, B. General
Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired,
rented or borrowed without a driver for a period of 180 days or less,
2. Form CA0020 (if attached to this policy), Section V - Motor Carrier Conditions, B. General
Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following:
(5) Anywhere in the world if a covered auto of the private passenger type is leased, hired,
rented or borrowed without a driver for a period of 180 days or less,
G. Communication Equipment Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limits of
Insurance, Paragraph 1.b.; and form CA0020 (if attached to this policy), Section IV - Physical
Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; is deleted and replaced by the
following:
b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in
any one loss is $1,500, if, at the time of loss, such electronic equipment is:
H. Tapes, Records, CDs and DVD Coverage
The P hysical Damage Coverage Section is amended as follows:
1. The exclusion referring to tapes, records, discs, or other similar audio, visual or data
electronic devices designed for use with audio, visual or data electronic equipment does not
apply.
2. Under Comprehensive Coverage - Form CA0001 (if attached to this policy), Section III-
Physical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy),
Section IV- Physical Damage Coverage, A. Coverage; the following is added:
We will pay for loss to tapes, records, discs or other similar devices used with audio, visual
or data electronic equipment. We will pay only if the tapes, records, discs or other similar
audio, visual or data electronic devices:
a. Are your property, or that of a family member; and
b. Are in a covered auto at the time of a loss.
The most we will pay for loss is $250. No deductible applies to this coverage.
I. Personal Effects Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV -
Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; item c. is added as follows:
Policy Number: SC V 013084 22 01
Page 5 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
c. Personal Effects Coverage
We will pay up to $500 for loss for clothing items or other personal effects that are owned
by an insured and are in an Owned auto at the time of a covered loss.
Personal Effects do not include audio visual or electronic devices, money, giftcards, securities,
jewelry, or tools.
This coverage is excess over any other collectible insurance.
No deductible applies to this coverage.
J. Airbag Coverage
1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, B.
Exclusions, 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage
Coverage, B. Exclusions, 3.a.; the following is added:
However, mechanical breakdown does not mean the unintended discharge of an airbag,
provided that any loss covered under this provision is excess over any other collectable
insurance or warranty designed to cover such unintended discharge.
K. Rental Reimbursement
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV - Physical
Damage Coverage, A. Coverage, 4. Coverage Extensions; item d. is added as follows:
d. Rental Reimbursement or Transportation Expenses
If loss occurs to a covered auto described or designated in the Declarations or Schedule
and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of
a similar replacement auto and additional transportation expenses, incurred by you. This
payment applies in addition to the otherwise applicable amount of each coverage you have on
the covered auto. No deductible applies to this coverage. However:
(1) We will pay only for those expenses incurred by you that begin 24 hours after the
covered loss.
(2) We will cease paying for those expenses, regardless of the policy’s expiration date, at
the earlier of the following dates:
(a) The number of days reasonably required to repair or replace the covered auto. If
loss is caused by theft, this number of days is added to the number of days it takes
to locate and return the covered auto to you; or
(b) 45 days from the date this coverage begins.
(3) Our payment is limited to the lesser of the following amounts:
(a) Necessary and actual expenses incurred by you; or
(b) $1,500.
(4) This coverage does not apply while there are spare or reserve autos available to you for
Policy Number: SC V 013084 22 01
Page 6 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
your operations.
(5) If loss results from the total theft of a covered private passenger type auto (if CA0020
is attached to this policy), or a covered private passenger auto (if CA0001 is attached
to this policy), we will pay under this coverage only that amount of your covered rental
expenses or additional transportation expenses which are not already provided for under
the Physical Damage Coverage Extensions.
L. Extended Towing Coverage
1. Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A.
Coverage, 2. Towing, is deleted and replaced by the following:
2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time
your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and
b. If the covered auto is of the private passenger type, no deductible applies; and
c. If the covered auto is not of the private passenger type, our obligation to pay will be
reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement results
from a loss covered under Section III - Physical Damage Coverage, A. Coverage,
Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing
Coverage.
For purposes of this coverage, disablement means a breakdown of the covered auto
including mechanical breakdown, engine failure, or tire blowout, where re- pairs cannot be
made roadside and a tow is required to remove the auto from the roadway and to seek
additional services and repair.
2. Form CA0020 (if attached to this policy), Section IV - Physical Damage Coverage, A.
Coverage, 2. Towing - Private Passenger Autos, is deleted and replaced by the following:
2. Extended Towing
We will pay up to $750 per disablement for towing and labor costs you incur each time
your covered auto is disabled. However:
a. All labor must be performed at the place of disablement; and
b. If the covered auto is of the private passenger type no deductible applies; and
c. If the covered auto is not of the private passenger type our obligation to pay will be
reduced by a $250 deductible per disablement.
d. If the covered auto is not of the private passenger type and the disablement
results from a loss covered under Section III - Physical Damage Coverage, A.
Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the
Extended Towing Coverage.
For purposes of this coverage, disablement means a breakdown of the covered auto
Policy Number: SC V 013084 22 01
Page 7 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
including mechanical breakdown, engine failure, or tire blowout, where repairs cannot
be made roadside and a tow is required to remove the auto from the roadway and
to seek additional services and repair.
M. Cancellation - 120 Days Notice
If we cancel this policy for any reason other than nonpayment of premium, we will mail or
deliver to the first Named Insured at the last mailing address known to us, written notice of
cancellation at least 120 days prior to the effective date of cancellation.
N. Supplementary Payments - Increased Limits
Section II - Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2)
and (4) are deleted and replaced by the following:
(2) Up to $2,500 for the 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 substantiated loss
of earnings up to $500 a day, because of time off from work.
O. Duties in the Event of Accident, Claim, Suit or Loss - Amended
Form CA0001 (if attached to this policy) Section IV - Business Auto Conditions, A. Loss
Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V - Motor Carrier
Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following:
a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized
representative when it becomes known to:
(1) You, if you are an individual;
(2) Your partner or member, if you are a partnership or joint venture;
(3) Your member, if you are a limited liability company;
(4) Your executive officer if you are an organization other than a partnership, joint venture or
limited liability company; or
(5) Your authorized representative or insurance manager.
Knowledge of an accident, claim, suit or loss by other persons does not imply that the
persons listed above have such knowledge.
Notice should include:
(1) How, when and where the accident or loss occurred; and
(2) The insured’s name and address; and
(3) To the extent possible, the names and address of any injured persons and witnesses.
P. Unintentional Failure to Disclose Hazards
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General
Policy Number: SC V 013084 22 01
Page 8 of 10 CA7018 10-14
Copyright ©2014 Allianz Global Risks US Insurance Company. All rights reserved.
Conditions, item 2.; and form CA0020 (if attached to this policy), Section V - Motor Carrier
Conditions, B. General Conditions, item 2.; the following is added:
However, if you unintentionally fail to disclose any hazards existing at the inception date of this
policy, we will not deny coverage under this Coverage Form because of such failure. This
provision does not affect our right to collect additional premium or exercise our right of
cancellation or non-renewal.
Q. Fellow Employee Coverage
Section II - Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added:
However, this exclusion does not apply if the bodily injury results from the use of a covered auto
you own or hire, and provided that any coverage under this provision only applies in excess over
any other collectible insurance.
R. Limited Mexico Coverage
WARNING
AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE
LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS
ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER.
IN SOME CASES THE COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY
THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT
THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO
COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN
MEXICO.
THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR
OUTSIDE OF 25 MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA.
Form CA0001 (if attached to this policy), Section IV - Business Auto Conditions, B. General
Conditions, item 7.; and form CA0020 (if attached to this policy), Section V - Motor Carrier
Conditions, B. General Conditions, item 7.; the following is added:
The coverage territory is extended to include Mexico, but only:
a. For accidents or losses occurring within 25 miles of the United States border; and
b. For trips into Mexico of 10 days or less; and
c. If the covered auto is principally garaged and principally used in the United States; and
d. If the insured is a resident of the United States.
If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the
covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the
actual cash value of such loss as determined by us at the nearest United States point where the
repairs can be made.
Any insurance provided under this provision will be excess over any other collectible insurance.
Policy Number: SC V 013084 22 01
Page 9 of 10 CA7018 07-17
Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved.
S. Extended Glass Coverage
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, A. Coverage,
item 3.a.; and form CA0020 (if attached to this policy), Section IV - Physical Damage
Coverage, A. Coverage, item 3.a.; is deleted and replaced by the following:
a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible
shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired
rather than replaced, the deductible will be waived. You have the option of having the glass
repaired rather than replaced.
T. Broadened Definition of Bodily Injury
Form CA0001 (if attached to this policy), Section V - Definitions, item C.; and Form CA0020 (if
attached to this policy), SECTION VI - DEFINITIONS, item C.; is deleted and replaced by the
following:
C. Bodily Injury means bodily injury, sickness or disease sustained by a person including
death or mental anguish resulting from any of these at any time. Mental anguish means any
type of mental or emotional illness or disease.
U. Customer Lease or Loan Physical Damage Coverage Extension
Form CA0001 (if attached to this policy), Section III - Physical Damage Coverage, C. Limit Of
Insurance; and form CA0020 (if attached to this policy), Section IV - Physical Damage
Coverage, C. Limits Of Insurance; item 4. is added as follows:
4. If your covered owned auto is:
(1) Shown in the Schedule and designated as covered for Physical Damage Coverage; and
(2) Shown in this policy as having a loss payee or additional-insured-lessor; and
(3) Incurs a covered total loss;
we will pay the greater of:
(a) The actual cash value, as determined by us, of the damaged or stolen property as of
the time of the total loss; or
(b) The outstanding indebtedness under the initial finance agreement for the covered
auto and its equipment.
As used here, outstanding indebtedness means the amount you owe on the finance
agreement at the time of total loss:
(i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges
resulting from overdue payments, additional mileage, excess wear and tear, or lease
termination fees; and
(ii) Less any administrative costs or overhead fees assessed by the finance company who
has leased the covered auto to you; and
(iii) Less security deposits not returned by the lessor; and
(iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease; and
Policy Number: SC V 013084 22 01
Page 10 of 10 CA7018 07-17
Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved.
(v) Less carry-over balances from previous loans or leases.
V. Two or More Deductibles
1. Section III - Physical Damage Coverage, D. Deductible, of form CA0001 (if attached to this
policy), the following is added:
If another Allianz Global Risks US Insurance Company policy or coverage form that is not an
automobile policy or coverage form applies to the same accident or loss, the following
applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least)
deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least)
deductible, it will be reduced by the amount of the lesser (or least) deductible.
2. Section IV - Physical Damage Coverage, D. Deductible, of form CA0020 (if attached to this
policy), the following is added:
If another Allianz Global Risks US Insurance Company policy or coverage form that is not an
automobile policy or coverage form applies to the same accident or loss, the following
applies:
(1) If the deductible under this Business Auto Coverage Form is the lesser of (or least)
deductible, it will be waived.
(2) If the deductible under this Business Auto Coverage Form is not the lesser, (or least)
deductible, it will be reduced by the amount of the lesser (or least) deductible.
All other terms and conditions of the policy remain unchanged.
Policy Number: SC V 013084 22 01
CG 20 26 12 19
© Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: USC032778220
COMMERCIAL GENERAL LIABILITY
CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED 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):
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and
advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting
on your behalf:
1.In the performance of your ongoing operations; or
2.In connection with your premises owned by or rented to you.
However:
1.The insurance afforded to such additional insured only applies to the extent permitted by law; and
2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded
to such additional insured will not be broader than that which you are required by the contract or agreement
to provide for such additional insured.
B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits
Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on
behalf of the additional insured is the amount of insurance:
1.Required by the contract or agreement; or
2.Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
145977 03 19
Copyright © 2019 Allianz Global Risks US Insurance Company. All rights reserved. Page 1 of 1
Courtesy Notice of Cancellation for Other Than
Nonpayment of Premium to Designated Entities - 145977 03 19
Policy Amendment
Schedule
Name and Address of Person(s) or Organizations Number of Days Notice if other than 10 days:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
This policy is amended as follows:
A. If We cancel this policy prior to expiration for any reason other than non payment of premium or at Your request,
and we have been notified that You are required under a current contractual obligation to notify a certificate of
insurance holder or holders when this policy is canceled, then We will endeavor to mail or deliver a copy of such
written notice of cancellation to the certificate holder(s) shown in the Schedule above, as follows:
1. To the name and address corresponding to each certificate of insurance holder indicated in the Schedule
above; and
2. At least 10 days prior to the effective date of the cancellation, as shown in our notice to the first Named
Insured, or, if indicated, the longer number of days notice shown in the Schedule above.
B. Notwithstanding the foregoing, such notice of cancellation is provided on an informational basis and solely to
assist You in informing the certificate of insurance holder(s) in advance of pending cancellation in coverage to
assist you in meeting Your contractual notice requirements to such parties. Our failure to provide such advance
notification to the certificate of insurance holder(s) shown in the Schedule of this endorsement will not extend any
policy cancellation date, negate any cancellation of the policy, or grant, alter or extend any rights or obligations
under this policy and we shall have no liability for any failure to provide the notice(s) as provided herein.
All other terms and conditions of this policy remain unchanged.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
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.
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 2.00% of the California workers’ compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization
Job Description
Associated
Job
Premium
Blanket Waiver of Subrogation as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 12/04/2022
Insured CSG Consultants, Inc.
Policy No. SCW0239532201
Insurance Company National Surety
Corporation
Endorsement No.
Premium
Countersigned By
WC 04 03 06
(Ed. 04-84)
CSG for Construction Management Services for
Various CIP Projects
Final Audit Report 2023-11-30
Created:2023-11-28
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAJ113KwgvaQpgrreA5WdDNE23RVODItlW
"CSG for Construction Management Services for Various CIP Pr
ojects" History
Document created by City of Cupertino (webmaster@cupertino.org)
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Document emailed to Julia Kinst (juliak@cupertino.org) for approval
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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Agreement completed.
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