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24-065 Tucker Construction for On-Call Abatement Services
On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 1 of 9 MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT WITH TUCKER CONSTRUCTION, INC 1. PARTIES This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Tucker Construction, Inc., (“Contractor”) a Corporation for On-Call Abatement Services, 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. 2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 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. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 2 of 9 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. 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 $5,000.00 (“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 On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 3 of 9 employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 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; On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 4 of 9 (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 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: On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 5 of 9 (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 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. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 6 of 9 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. 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 Sean Hatch 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 MaryAnn Grilli 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 On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 7 of 9 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. 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. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 8 of 9 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: Sean Hatch Email: SeanH@cupertino.org To Contractor: Tucker Construction, Inc. 1725-D Little Orchard St. San Jose, CA 95125 Attention: MaryAnn Grilli Email: maryann@tuckercon.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. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 9 of 9 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date TUCKER CONSTRUCTION, INC By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Mark Tucker Mark Tucker President Jun 25, 2024 Christopher D. Jensen Benjamin Fu Director of Community Development Jun 25, 2024 Jun 25, 2024 Scope of Work for Tucker Abatement Services Exhibit A - Scope of Work Overview: As directed by the City on an as-needed-basis, Service Provider shall provide turnkey homeless encampment site clean-up to remove biohazardous material and other encampment waste material to provide a safe and clean site. Site Conditions: Sites are considered to contain a variety of materials that may contain hazardous materials including bio-hazardous; garbage and general debris; human waste; constructed temporary shelter; and other items associated with homeless occupancy. Site Locations: Site will be identified individually. City will make efforts to cluster, when possible, several sites. Sites may include under structures (eq: Bridge); forested open area; vegetated ground cover; and scrap material and/or tent build shelter. The City will be responsible to give access to the site. Biohazard Handling: Site supervisor and workers must be trained and certified in handling and disposal of hazardous materials. Structure Demolition: Some work may require the removal of temporary structures, including tents and makeshift structures. On an as-needed basis, the hours of work are between 7:00 a.m. and 5:00 p.m., Monday through Friday. Service Provider’s Duties and Responsibilities: o Clean-up duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, removal of human waste, and State approved handling and removal of all removed material. Disposal shall be at a site permitted to accept such materials. o Service Provider shall identify any personal items or items of potential value to encampment members, catalogue each item with pictures, and store the items for up to 90 days at a facility accessible to the encampment members. Service Provider shall provide a list of items that fall in these categories to the City for incorporation into this agreement. Service Provider shall provide the storage facility and instructions to access the materials for the City to include on the "Notice to Vacate." o Service Provider shall supply all labor, material, tools, protective clothing and gear, and equipment that is require or needed to perform the work to handle, remove, transport, and dispose of the waste materials and leave a clean site. o Service Provider shall coordinate with the City on a site-by-site basis to determine the work order for each encampment clean-up. The work order will establish the site start date, estimated timeframe of work, environmental considerations, staging area, traffic control if required, and name of the onsite representative. o Service Provider is responsible for the supervision and management of its crew and any sub consultants and ensure all necessary safety procedures are followed. o Service Provider shall photograph the encampment site before and after cleaning and provide electronic copy of each photograph to the City. o Service Provider shall notify the City when the work is complete and provide a clean-up report for each site including total weight of debris removed. o In the event that an adjacent homeless encampment is discovered in the general area during the course of a project, the Service Provider shall notify the City’s designated representative to obtain authorization prior to proceeding with any additional work that was not identified in the work scope. o Service Provider shall follow best practices work procedures to safely manage any hazardous materials found on the jobsite, including urine, feces, soiled personal hygiene items, syringes, and other materials which could pose a health threat. o Service Provider shall immediately contact 911 if a weapon is found. o Service Provider is to perform work in a timely and efficient manner and conduct themselves in a courteous and business-like manner at all times. o Service Provider shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws, including the use of acceptable cleaning agents and restricting flows to waterways. City Responsibilities o Identify encampments and issue a service order to the Service Provider to start time of a cleanup project. o Provide security during the positing of the “Notice to Vacate” and provide services if requested during clean-up. o Provide a City representative to serve as a point of contact for reviewing service orders, authorizing work, addressing Service Provider issues and questions. o Post “Notice to Vacate” signs at the encampment site at least 72 hours prior to the commencement of each removal project. City will photograph notices to document time and location of posting. Occupants: All sites will be cleared by law enforcement prior to access to site by service provider. Payment: Service Provider shall provide to the City documentation of employees hours; sub-consultants costs; equipment and material costs; and disposal costs. HOMELESS ENCAMPMENT RATES FY 24-25 Pre-Cleanup: 2 persons @115.00/hour Posting, homeless encampment outreach, bio/hazardous waste and safety evaluation, pre-clean-up photos for documentation, pre-clean-up meetings with client/departments involved. Cleanup: Supervision: @137.00/hour Laborer rate: @130.00/hour Operator Engineer: @137.00 The cleanup crew depends on the size of the encampment(s), usually anywhere from 3 to 8 people. Scope of Work: -Search for bio-hazardous waste, dangerous objects and needles. -Search for important personal items, saved and delivered to a storage place of client’s choice. -Dismantle structures including burn sites, stone, brick, glass, metal or wooden structures. -Load trash and debris into dump truck, container or debris boxes. -Sanitization of site (on demand) Does not include material/equipment cost. Material/Equipment: Toilet – Included in labor cost Dump truck – 400.00 per half day, 550.00 whole day Other Heavy Equipment, Skid Steer or Loader 600.00 per day Dump fees – cost plus 20% 30 yard dumpster @ 1,050.00 each or current rate plus 20% Hazardous waste disposal – cost plus 20% 14 yard dumpster with truck 600.00 per day plus disposal fees Bio: 2 people @ 150.00/hour each on site + transport @135/hr Bio-waste disposal – cost plus 20% Post Clean-up and transport personal items: @ 115.00/hour -Taking personal items to storage and possible return of items to clients from storage. -Pictures taken for documentation. Storage Tucker Construction Inc. will store personals for 3 months at 150.00 per cubic yard. Includes storage and disposal after 90 days. All above labor costs are at Prevailing Wage rates. CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT #: MA Date: Maximum Compensation: MA End Date: Consultant:Firm Name: Address: Contact: Ph: Email Address: City Project Management Managing Department: CDD Project Manager: Sean Hatch Fiscal/Budget : Master Agreement Maximum Compensation: $ Total Previously Encumbered to Date: Encumbrance this Service Order: Master Agreement Unencumbered Balance: Approvals: Consultant:Date: Manager: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: Management Analyst City of Cupertino Master Agreement Service Order Item Description GL Account Code Project Code SO Acc't #: Project #: PO #: Date: ȱ Insurance Requirements for Professional/Specialized Services Agreement 1 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 2 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 6/10/2024 36056 Tucker Construction Inc. 1725 Little Orchard Street #D San Jose, CA 95125 22314 11673 10172 24082 A 1,000,000 X X SF23CGL167596IC 8/15/2023 1/1/2025 50,000 5,000 1,000,000 2,000,000 2,000,000 4,000,000B NHA103868 8/15/2023 1/1/2025 4,000,000 0 C X TUWC530766 1/1/2024 1/1/2025 1,000,000 1,000,000 1,000,000 D Pollution G7091542A006 8/15/2023 Limit 1,000,000 E Equipment Floater BMO61600900 9/11/2023 9/11/2024 Rented/Leased 80,000 Re: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as an additional insured on General Liability policy per the attached endorsements. General Liability policy is primary and non-contributory per the attached endorsement. Waiver of Subrogation applies to General Liability and Workers Compensation policies per the attached endorsements. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 TUCKCON-03 DMENDEZ Acrisure Partners West Coast Insurance Services, LLC 1950 W Corporate Way #1 Anaheim, CA 92801 Daniel Mendez DFMendez@acrisure.com Navigators Specialty Insurance Company RSUI Indemnity Company Redwood Fire and Casualty Insurance Company Westchester Surplus Lines Insurance Company Ohio Security Insurance Company X 8/15/2024 X X X X X X CG 20 38 04 13 Page 1 of 2© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, 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 activities. This exclusion applies 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 and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or POLICY NUMBER: SF23CGL167596IC CG 20 38 04 13 Page 2 of 2© Insurance Services Office, Inc., 2012 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:SF23CGL167596IC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization for whom you are performing work during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. . .. .. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 01 04 13 Page 1 of 1© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER: SF23CGL167596IC CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: SF23CGL167596IC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NPC 711 08 11 Page 1 of 2 GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the application of the General Aggregate Limit to each of your projects, the maximum amount we will pay under the General Aggre- gate Limit for all claims arising from all projects is the Overall General Aggregate Cap shown in the Schedule above. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard”, and for medi- cal expenses under COVERAGE C regard- less of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claims or bringing “suits”. 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. POLICY NUMBER: SF23CGL167596IC Page 2 of 2 NPC 711 08 11 B.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig- nated Construction Project General Aggre-gate Limit. C.When coverage for liability arising out of the “products-completed operations hazard” is pro- vided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Limits Of Insurance (SECTIONIII) not otherwise modified by this endorsement shall continue to apply as stipulated. NPC 827 04 13 Page 1 of 1 COMMERCIAL GENERAL LIABILITY NPC 827 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): ALL OPERATIONS AT LOCATIONS AT WHICH THE INSURED WAS AT ANY TIME: 1. COVERED, OFFERED COVERAGE, OR DENIED COVERAGE; OR 2. ENROLLED, OFFERED ENROLLMENT, OR NOT ALLOWED TO ENROLL UNDER A WRAP-UP PROGRAM. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at the location described in the Schedule of this endorsement, as the construction project in which you are involved is or was subject to a consolidated (wrap-up) insurance program obtained by the prime contractor/project manager or owner of the construction project. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1)Provides coverage identical to that provided by this Coverage Part; (2)Has limits adequate to cover all claims; (3)Remains in effect; or (4)Enrolled you in the program. This Exclusion does not apply to “bodily injury” or “property damage” not included in the “products-completed operations hazard” that is related to but does not take place at the location of a project covered by a Wrap-up Program. POLICY NUMBER: SF23CGL167596IC Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver –Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 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 No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Redwood Fire and Casualty Ins Co TUWC53076601/01/2024 Waiver Premiu m (prior to adjustments) 6800.00 POLICY NUMBERPOLICYPERIOD (o1a025te) DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT IS ENCLOSE D.YEAR MAKE MODEL BODY STYLE VEHICLE ID.NUMBER CLASS I1SX0N 316 8349-F30-05WTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 NOV 16 2023 to JUN 30 2024VOL117793300219412-3-B DICK ALESCH164NBASCOM AVE STE ASANJOSE,CA 95128-1867(408)918-0877 MUTLA0005060058 03691/01919 ____________________________________ IP P D 31 6 83 4 9 05 00 0 5 0 6 DE C 04 20 2 3 00 5 8 12 MATCH 0050600506 A901E CONTINUED PAGE 1 OF 2 STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED AGENT PHONE: See Reverse Side 05-2127-3 B DECLARATIONS PAGE12:01 A.M.Standard Time YOUR CAR State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 1999 FORD CLUB WAGON 1FBSS31L1XHA14809VAN 100FC210 SYMBOLS COVERAGE &LIMITS PREMIUMS A $967.06LiabilityCoverage Limit-Each Accident $2,000,000 C $37.68MedicalPaymentsCoverage Limit -Each Person $25,000 D $36.91ComprehensiveCoverage-$250 Deductible G $119.16CollisionCoverage-$1,000 Deductible H $5.56EmergencyRoadServiceCoverage U $186.49UninsuredMotorVehicleCoverage Bodily Injury Limits Each Person,Each Accident $1,000,000 $1,000,000 U1 $11.89UninsuredMotorVehiclePropertyDamageCoverage $1,364.75 Total premium for NOV 16 2023 to JUN 30 2024. IMPORTANT MESSAGES IMPORTANT NOTICE For your protection California law requires the following to appear with this policy:Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Replaced policy number 3168349-05V. Your total renewal premium for DEC 30 2023 to JUN 30 2024 is $1,096.22. 155-3866 CA.2 05-2002 (o1a025fc) B10 POLICY NUMBERPOLICYPERIOD (o1a025vd)Telephone:Prepared(o1a0254c)I3SX0 316 8349-F30-05WTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 NOV 16 2023 to JUN 30 2024VOL1177933002 DEC 05 2023 19412-3-B DICK ALESCH(408)918-0877 MUTLA0005060058 03692/01919 ________________ IP P D 31 6 83 4 9 05 00 0 5 0 6 DE C 04 20 2 3 00 5 8 12 MATCH 0050600506 A901EPAGE2OF2 STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED Agent:2127-B0C 05-2127-3 B DECLARATIONS PAGE12:01 A.M.Standard Time State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 EXCEPTIONS,POLICY BOOKLET &ENDORSEMENTS (See policy booklet &individual endorsements for coverage details.) YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE,THE POLICY BOOKLET - FORM 9805B,AND ANY ENDORSEMENTS THAT APPLY,INCLUDING THOSE ISSUED TO YOU WITH ANY SUBSEQUENT RENEWAL NOTICE. CREDITOR-CITY OF MILPITAS PLANNING &,455 E CALAVERAS BLVD,MILPITAS CA 95035-5411. 01 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF SANTA CLARA,C/O INSURANCE DATA SERVICES INSURANCE COMPLANCE PO BOX 100085,DULUTH GA 30096-9302. 02 6028BU ADDITIONAL INSURED-CITY OF LOS ALTOS,1 N SAN ANTONIO RD,LOS ALTOS CA 94022-3000. 03 6028BU ADDITIONAL INSURED-CITY OF EAST PALO ALTO,2415 UNIVERSITY AVE STE 2,E PALO ALTO CA 94303-1148. 04 6028BU ADDITIONAL INSURED-TUCKER CONSTRUCTION,CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3202. 05 6028BU ADDITIONAL INSURED-CITY OF MORGAN HILL ATTN:RISK MANAGEMENT, 17575 PEAK AVE,MORGAN HILL CA 95037-4128. 06 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF MILPITAS,455 E CALAVERAS BLVD, MILPITAS CA 95035-5411. 07 6028BU ADDITIONAL INSURED-CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3255. 08 6028BU ADDITIONAL INSURED-TOWN OF LOS GATOS,110 E MAIN ST,LOS GATOS CA 95030-6945. 09 6028BU ADDITIONAL INSURED-JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE,1230 AVENUE OF THE AMERICAS,NEW YORK NY 10020-1513. 6030GF BUSINESS NAMED INSURED. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6128AC AMENDATORY ENDORSEMENT. 6289DW SINGLE LIMIT LIABILITY COVERAGE. 6129J AMENDATORY ENDORSEMENT -EFF DEC 30 2023. ORIGINAL COST OF CUSTOMIZATION NONE OR UP TO $1000. 6196AA -WAIVER OF SUBROGATION UNDER LIABILITY COVERAGE FOR CITY OF SANTA CLARA:CITY OF CUPERTINO;CITY OF MILPITAS;TOWN OF LOS GATOS;JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE. 155-3866 CA.2 05-2002 (o1a025fc) B10 ED 1 PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W Sh e e t 1 of 2 03 6 9 3 /01 9 1 9 __ _ _ __ _ _ PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W 03 6 9 3 /01 9 1 9 ED 1 PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W Sh e e t 2 of 2 03 6 9 4 /01 9 1 9 __ _ _ PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W 03 6 9 4 /01 9 1 9 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 6/10/2024 36056 Tucker Construction Inc. 1725 Little Orchard Street #D San Jose, CA 95125 22314 11673 10172 24082 A 1,000,000 X X SF23CGL167596IC 8/15/2023 1/1/2025 50,000 5,000 1,000,000 2,000,000 2,000,000 4,000,000B NHA103868 8/15/2023 1/1/2025 4,000,000 0 C X TUWC530766 1/1/2024 1/1/2025 1,000,000 1,000,000 1,000,000 D Pollution G7091542A006 8/15/2023 Limit 1,000,000 E Equipment Floater BMO61600900 9/11/2023 9/11/2024 Rented/Leased 80,000 Re: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as an additional insured on General Liability policy per the attached endorsements. General Liability policy is primary and non-contributory per the attached endorsement. Waiver of Subrogation applies to General Liability and Workers Compensation policies per the attached endorsements. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 TUCKCON-03 DMENDEZ Acrisure Partners West Coast Insurance Services, LLC 1950 W Corporate Way #1 Anaheim, CA 92801 Daniel Mendez DFMendez@acrisure.com Navigators Specialty Insurance Company RSUI Indemnity Company Redwood Fire and Casualty Insurance Company Westchester Surplus Lines Insurance Company Ohio Security Insurance Company X 8/15/2024 X X X X X X CG 20 38 04 13 Page 1 of 2© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, 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 activities. This exclusion applies 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 and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or POLICY NUMBER: SF23CGL167596IC CG 20 38 04 13 Page 2 of 2© Insurance Services Office, Inc., 2012 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:SF23CGL167596IC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization for whom you are performing work during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. . .. .. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 01 04 13 Page 1 of 1© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER: SF23CGL167596IC CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: SF23CGL167596IC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NPC 711 08 11 Page 1 of 2 GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the application of the General Aggregate Limit to each of your projects, the maximum amount we will pay under the General Aggre- gate Limit for all claims arising from all projects is the Overall General Aggregate Cap shown in the Schedule above. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard”, and for medi- cal expenses under COVERAGE C regard- less of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claims or bringing “suits”. 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. POLICY NUMBER: SF23CGL167596IC Page 2 of 2 NPC 711 08 11 B.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig- nated Construction Project General Aggre-gate Limit. C.When coverage for liability arising out of the “products-completed operations hazard” is pro- vided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Limits Of Insurance (SECTIONIII) not otherwise modified by this endorsement shall continue to apply as stipulated. NPC 827 04 13 Page 1 of 1 COMMERCIAL GENERAL LIABILITY NPC 827 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): ALL OPERATIONS AT LOCATIONS AT WHICH THE INSURED WAS AT ANY TIME: 1. COVERED, OFFERED COVERAGE, OR DENIED COVERAGE; OR 2. ENROLLED, OFFERED ENROLLMENT, OR NOT ALLOWED TO ENROLL UNDER A WRAP-UP PROGRAM. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at the location described in the Schedule of this endorsement, as the construction project in which you are involved is or was subject to a consolidated (wrap-up) insurance program obtained by the prime contractor/project manager or owner of the construction project. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1)Provides coverage identical to that provided by this Coverage Part; (2)Has limits adequate to cover all claims; (3)Remains in effect; or (4)Enrolled you in the program. This Exclusion does not apply to “bodily injury” or “property damage” not included in the “products-completed operations hazard” that is related to but does not take place at the location of a project covered by a Wrap-up Program. POLICY NUMBER: SF23CGL167596IC Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver –Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 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 No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Redwood Fire and Casualty Ins Co TUWC53076601/01/2024 Waiver Premiu m (prior to adjustments) 6800.00 POLICY NUMBERPOLICYPERIOD (o1a025te) DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT IS ENCLOSE D.YEAR MAKE MODEL BODY STYLE VEHICLE ID.NUMBER CLASS I1SX0N 316 8349-F30-05WTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 NOV 16 2023 to JUN 30 2024VOL117793300219412-3-B DICK ALESCH164NBASCOM AVE STE ASANJOSE,CA 95128-1867(408)918-0877 MUTLA0005060058 03691/01919 ____________________________________ IP P D 31 6 83 4 9 05 00 0 5 0 6 DE C 04 20 2 3 00 5 8 12 MATCH 0050600506 A901E CONTINUED PAGE 1 OF 2 STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED AGENT PHONE: See Reverse Side 05-2127-3 B DECLARATIONS PAGE12:01 A.M.Standard Time YOUR CAR State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 1999 FORD CLUB WAGON 1FBSS31L1XHA14809VAN 100FC210 SYMBOLS COVERAGE &LIMITS PREMIUMS A $967.06LiabilityCoverage Limit-Each Accident $2,000,000 C $37.68MedicalPaymentsCoverage Limit -Each Person $25,000 D $36.91ComprehensiveCoverage-$250 Deductible G $119.16CollisionCoverage-$1,000 Deductible H $5.56EmergencyRoadServiceCoverage U $186.49UninsuredMotorVehicleCoverage Bodily Injury Limits Each Person,Each Accident $1,000,000 $1,000,000 U1 $11.89UninsuredMotorVehiclePropertyDamageCoverage $1,364.75 Total premium for NOV 16 2023 to JUN 30 2024. IMPORTANT MESSAGES IMPORTANT NOTICE For your protection California law requires the following to appear with this policy:Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Replaced policy number 3168349-05V. Your total renewal premium for DEC 30 2023 to JUN 30 2024 is $1,096.22. 155-3866 CA.2 05-2002 (o1a025fc) B10 POLICY NUMBERPOLICYPERIOD (o1a025vd)Telephone:Prepared(o1a0254c)I3SX0 316 8349-F30-05WTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 NOV 16 2023 to JUN 30 2024VOL1177933002 DEC 05 2023 19412-3-B DICK ALESCH(408)918-0877 MUTLA0005060058 03692/01919 ________________ IP P D 31 6 83 4 9 05 00 0 5 0 6 DE C 04 20 2 3 00 5 8 12 MATCH 0050600506 A901EPAGE2OF2 STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED Agent:2127-B0C 05-2127-3 B DECLARATIONS PAGE12:01 A.M.Standard Time State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 EXCEPTIONS,POLICY BOOKLET &ENDORSEMENTS (See policy booklet &individual endorsements for coverage details.) YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE,THE POLICY BOOKLET - FORM 9805B,AND ANY ENDORSEMENTS THAT APPLY,INCLUDING THOSE ISSUED TO YOU WITH ANY SUBSEQUENT RENEWAL NOTICE. CREDITOR-CITY OF MILPITAS PLANNING &,455 E CALAVERAS BLVD,MILPITAS CA 95035-5411. 01 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF SANTA CLARA,C/O INSURANCE DATA SERVICES INSURANCE COMPLANCE PO BOX 100085,DULUTH GA 30096-9302. 02 6028BU ADDITIONAL INSURED-CITY OF LOS ALTOS,1 N SAN ANTONIO RD,LOS ALTOS CA 94022-3000. 03 6028BU ADDITIONAL INSURED-CITY OF EAST PALO ALTO,2415 UNIVERSITY AVE STE 2,E PALO ALTO CA 94303-1148. 04 6028BU ADDITIONAL INSURED-TUCKER CONSTRUCTION,CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3202. 05 6028BU ADDITIONAL INSURED-CITY OF MORGAN HILL ATTN:RISK MANAGEMENT, 17575 PEAK AVE,MORGAN HILL CA 95037-4128. 06 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF MILPITAS,455 E CALAVERAS BLVD, MILPITAS CA 95035-5411. 07 6028BU ADDITIONAL INSURED-CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3255. 08 6028BU ADDITIONAL INSURED-TOWN OF LOS GATOS,110 E MAIN ST,LOS GATOS CA 95030-6945. 09 6028BU ADDITIONAL INSURED-JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE,1230 AVENUE OF THE AMERICAS,NEW YORK NY 10020-1513. 6030GF BUSINESS NAMED INSURED. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6128AC AMENDATORY ENDORSEMENT. 6289DW SINGLE LIMIT LIABILITY COVERAGE. 6129J AMENDATORY ENDORSEMENT -EFF DEC 30 2023. ORIGINAL COST OF CUSTOMIZATION NONE OR UP TO $1000. 6196AA -WAIVER OF SUBROGATION UNDER LIABILITY COVERAGE FOR CITY OF SANTA CLARA:CITY OF CUPERTINO;CITY OF MILPITAS;TOWN OF LOS GATOS;JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE. 155-3866 CA.2 05-2002 (o1a025fc) B10 ED 1 PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W Sh e e t 1 of 2 03 6 9 3 /01 9 1 9 __ _ _ __ _ _ PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W 03 6 9 3 /01 9 1 9 ED 1 PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W Sh e e t 2 of 2 03 6 9 4 /01 9 1 9 __ _ _ PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 W 03 6 9 4 /01 9 1 9 GUIDELINES FOR PROPERTY IDENTIFICATION HOMELESS ENCAMPMENT CLEAN -UPS Unless an item is trash or poses an immediate threat to public health or safety, it should be retained for storage as potential personal property. Items arranged in a manner that suggests ownership (e.g., neatly folded or stacked items, stored off the ground, hung, or clearly on display or packed in a bag or box) should be retained for storage. If there is any uncertainty regarding whether an item should be thrown away or stored, it should be stored. Examples of items to take to storage: The following are examples of items that could be considered personal property and will be stored: • ID/Social Security cards • Medications • Photos/Photo Albums • Tax/medical records • Jewelry • Eyeglasses • Books • Tents • Pots & Pans • Radios & Electronics • Tools • Stoves & Generators • Bicycles • Purses/backpacks/briefcases Examples of items that are trash or pose a threat to public health or safety and will not be stored: The following are examples of conditions that will cause an item (including those examples listed above) to be immediately disposed of • Dirty or Soiled: items that smell, are stained with urine, bodily waste, or mud, or are infested with fleas, bed bugs, rats or other vectors • Perishable: open food or personal products that will spoil or rot in storage • Contaminated: items used for hygiene or that present a risk of biohazard (e.g., used toothbrushes, hairbrushes, washcloths, bandages, sponges, and underwear) • Hazardous or Explosive: items that could corrode or burn in storage (e.g., car batteries, gasoline cans, and propane tanks) • Broken or Disassembled: items that are broken, damaged, or stripped of parts (e.g., electronics stripped for copper, flat tires, and torn-up clothes) • Weapons: weapons will be turned over to the Santa Clara County Sheriff’s Office • Obvious Trash: food/ beverage wrappers, tissue/paper napkins, open household product containers, etc. HOMELESS ENCAMPMENT RATES FY 24-25 Pre-Cleanup: 2 persons @115.00/hour Posting, homeless encampment outreach, bio/hazardous waste and safety evaluation, pre-clean-up photos for documentation, pre-clean-up meetings with client/departments involved. Cleanup: Supervision: @137.00/hour Laborer rate: @130.00/hour Operator Engineer: @137.00 The cleanup crew depends on the size of the encampment(s), usually anywhere from 3 to 8 people. Scope of Work: - Search for bio-hazardous waste, dangerous objects and needles. - Search for important personal items, saved and delivered to a storage place of client’s choice. - Dismantle structures including burn sites, stone, brick, glass, metal or wooden structures. - Load trash and debris into dump truck, container or debris boxes. - Sanitization of site (on demand) Does not include material/equipment cost. Material/Equipment: Toilet – Included in labor cost Dump truck – 400.00 per half day, 550.00 whole day Other Heavy Equipment, Skid Steer or Loader 600.00 per day Dump fees – cost plus 20% 30 yard dumpster @ 1,050.00 each or current rate plus 20% Hazardous waste disposal – cost plus 20% 14 yard dumpster with truck 600.00 per day plus disposal fees Bio: 2 people @ 150.00/hour each on site + transport @135/hr Bio-waste disposal – cost plus 20% Post Clean-up and transport personal items: @ 115.00/hour - Taking personal items to storage and possible return of items to clients from storage. - Pictures taken for documentation. Storage Tucker Construction Inc. will store personals for 3 months at 150.00 per cubic yard. Includes storage and disposal after 90 days. All above labor costs are at Prevailing Wage rates. On-Call Abatement Services Final Audit Report 2024-06-26 Created:2024-06-14 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA6yjhsytHwqxfVmPNEfGZQ63rivjFCaFC "On-Call Abatement Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-06-14 - 9:23:56 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-06-14 - 9:33:46 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-06-14 - 10:09:42 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to tucker@tuckercon.com for signature 2024-06-14 - 10:09:44 PM GMT Document shared with maryann@tuckercon.com by Webmaster Admin (webmaster@cupertino.org) 2024-06-25 - 6:07:08 PM GMT- IP address: 35.229.54.2 Email viewed by tucker@tuckercon.com 2024-06-25 - 6:07:58 PM GMT- IP address: 107.218.153.153 Signer tucker@tuckercon.com entered name at signing as Mark Tucker 2024-06-25 - 6:09:22 PM GMT- IP address: 107.218.153.153 Document e-signed by Mark Tucker (tucker@tuckercon.com) Signature Date: 2024-06-25 - 6:09:24 PM GMT - Time Source: server- IP address: 107.218.153.153 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-06-25 - 6:09:28 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-06-25 - 6:20:57 PM GMT- IP address: 104.47.73.126 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-06-25 - 6:21:12 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-06-25 - 6:21:14 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2024-06-25 - 6:21:17 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2024-06-26 - 0:19:47 AM GMT- IP address: 104.47.73.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2024-06-26 - 0:20:27 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-06-26 - 0:20:31 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-06-26 - 0:25:48 AM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-06-26 - 0:25:56 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-06-26 - 0:25:56 AM GMT