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16-115 Mahan and Sons, Varian Park Management ServicesAGREEMENT BETWEEN THE CITY OF CUPERTINO AND MAHAN AND SONS, INC. FOR VARIAN PARK MANAGEMENT SERVICES. THIS AGREEMENT, for reference dated August 17, 2016, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Mahan and Sons, Inc., a California corporation whose address is 5382 Alum Rock Ave., San Jose, CA 95127, (hereinafter called the "Contractor"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for monthly maintenance of the Varian Park Orchard to include weed control, pruning of orchard trees and dormant spraying of trees. Clippings as a result of pruning must be removed by Contractor within one week of pruning. Clippings may be disposed of at the City of Cupertino Service Center in the Yard Waste dump area_in accordance with the proposal dated "August 2, 2016'', hereinafter referred to as "Exhibit A". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within fifteen (15) calendar days after receiving notice from "Brian Gathers, Grounds Division Supervisor" to commence the work, and shall diligently prosecute the work to completion before the expiration of "Three Years" from the date of receipt of notice to begin work. The City retains the option to extend the contract in the form of two (2) one (1) year extensions for a total or five (5) years. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated "August 2, 2016" hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the general fund. 4. TIME IS OF THE ESSENCE: 1 Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of specially trained professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, ifrequired, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT ORCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations . Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance ofthis provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability , marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor 's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees . Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, 2 expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 1 OA , B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail , "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A . COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1 ,000 ,000 each occurrence $2 ,000,000 aggregate -all other Property Damage: $500,000 each occurrence $1 ,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2 ,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1 ,000 ,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed 3 to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured . An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11 . BONDS: Contractor is not required to provide bonds. 12 . PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease , hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void , and any assignee, sub lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: 4 Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for 5 all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices , demands , requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid, registered or certified, addressed as hereinafter provided. All notices , demands , requests , or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: "Brian Gathers, Grounds Division Supervisor" 408-77-3270 All notices, demands , requests, or approvals from City to Contractor shall be addressed to Contractor at: Mahan and Sons , INC. 5382 Alum rock Ave . San Jose , CA 95127 (408) 761-8480 Attention: Diane Mahan 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading . If water is used for dust control , contractor shall us e as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets , gutters and storm drains . The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains . Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers , filter fabric fences , block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting . All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets , gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day . Contractor shall also clean up any leaks , drips , and other spills as the y 6 occur. The objective is to ensure that the City and County of Santa Clara County -Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction , up-graded as required , maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks , local program guidance materials from municipalities , Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default , City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances , rules and regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may di r ect the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws , orders , rules , and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities .) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 12 . ADVERTISEMENT: Contractor shall not post, exhibit , display or allow to be posted, exhibited, displayed any signs , advertising , show bills , lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: 7 A waiver by City of any breach of any term , covenant, or condition contained herein , shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein , whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein . No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification ofthis Agreement will be effective only by written execution signed by both City and Contractor. 25 . SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations , shall immediately be reported to City. 26. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 9:00 a.m. to 4:00 p.m., Monday through Friday (no weekend or holiday work is allowed) unless prior written approval has been secured from City to do otherwise. 27 . REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates , Contractor shall comply with the City 's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form . Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise , any such provision is not inserted or is not correctly inserted , the Agreement shall be amended to make such insertion on application by either party. 8 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO A Municipal Corporation ~· By ~ City Attorney ATTEST: ("'\/ City c1 6-ee~il­ C/1 ·/b Contract Amount: $1400.00/mo. -$16 ,800/yr. Account Number: 100-84-813-700-702 9 Exhibit "A" PROPOSAL FOR VARIAN PARK ORCHARD MANAGEMENT SERVICES CITY OF CUPERTINO General Project Scope August 2, 2016 • Annual pruning of fruit trees. Clippings must be removed from site within 1 week and may be disposed of at the City Service Center. • Annual dormant spraying • Weed control quarterly • Removal and replacement of dead or diseased fruit trees at contractors expense • Minor repairs of irrigation system Required Experience We have maintained this orchard for the past S years and also revived the orange grove at Stockelmier property and maintained that for 2 years. When we took over care of the apricot orchard it was badly infested with brown rot which we got under control with proper timed pruning and dormant spray. We come from a farming background, my parents farmed cherries and walnuts and grandparents cherries, walnuts, prunes and apricots, I worked on the orchard, pruned, irrigated, fertilized, sprayed and harvested these crops. I have a 8.S. degree from Fresno State University in Agriculture specializing in fruit trees. My 2 sons have worked with myself and my father pruning fruit trees since they were young. My son Chris and myself are Certified Arborists, son Daniel and myself Qualified Applicators and we have a pest control business license. We prune fruit trees and dormant spray for many residential clients. We are Santa Clara Valley Green Gardeners and Bay Friendly Qualified Landscape Maintenance Professionals. Contract amount $1400 per month Mahan and Sons, Inc. 5382 Alum Rock Ave. San Jose, CA 95127 Contact: Diane Mahan 408-761-8480 CUPERTINO PUBLIC WORKS DEPARTMENT/SERVICE CENTER 10555 MARY AVE.~ CUPERTINO, CA 95014-3266 (408) 777-3269 ~FAX (408) 777-3399 ADDENDUM NO. 1 VARIAN PARK ORCHARD MANAGEMENT SERVICES PROPOSAL OPENING: AUGUST 8, 2016 12:00P. M. ISSUED DATE 8/2/16 The following revision is hereby made to the above referenced Request for Proposals. 1. Replace item "A Pre-Proposal Site Meeting is Required" with: "A Pre-Proposal Site Visit is encouraged but Not Required" August 2, 2016 All questions regarding this request for proposal must be transmitted in writing to Chris Mertens, Service Center Superintendent. Fax number is 408-777-3399 and email address is chrism@cupertino.org. Please indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause rejection of your bid. Chris Mertens Service Center Superintendent International Society of Arboriculture CERTIFIED ARBORIST/ MUNICIPAL SPECIALIST Diane Mahan Certificate Number: WE-1387AM Dec 31, 2017 Expiration Date: ·1sn . OUALIFICATIO NS TH i I ..I J{nternational ~ottetp of arbortculture TM ijtree ~ink assessment ~ualifitatton !'~·········· ......... . '~- I I ' I I I --=- Christopher E. Mahan Having successiully compfeted the requirements established by the Certification Board of the International Society of Arboriculture~ the above named is hereby recognized as ISA Tree Risk Assessment Qualified. ~-'--==:':\r.~1-·:'."'-.~ • ~ l<'~/";0,1.-;-~· '-·-:i'l"['~·'(ji~~--";,"Y~,o,I ·. . l. ~ f1c.9i .·"'r--.,):'. ~_,...) "'> '• ~-)~-:) (~~·" . '"':'" . b,--~ -)v< -- f)fL_ ~ 0 David Glenn, Certification Board Chair International Society of Arboric:ulture '-"'-t' Jim Skiera, Executive Director International Society of Arboriculture June 22, 2013 June 22. 20 t 8 Issue Date Term of Validity End Date 0 ...... ', 0 ...... '· "" 0 ..... 0 0 0 0 co:. "'1 f:; (,§ c c .... N a. Q_ ..- """ N 0 "<!" ..- <O (·1 INTERNATIONAL SOCIElY OF ARBORICULTURE CERTIFIED ARBORIST™ Chridlopher {: 'Jl/!/ahan H.aving ~uccessfully co1npleted the requirenlents se t by the Arbori sr c:::ertification Board of the International Socie ty of Arboriculture, the above named is hereby recognized a s an ISA Certified A WE-9545A Ce rri t'ica l i1J11 Numb-:r Jim Ski rr.1, Executive Dirt>crnr lnr.:111ation al Sockt)' of Arhn ric.ulLun: ~~ Ccrtifirntiun noard, Ch::i ir lnternnr.ional Soci ety nf Arboriutlture Aug 20, 2011 Dec 31, 2017 Cct Lifi~d Sin n· E"pi r:1t1o n Do te cgJfJr ~·~--.. ~ ...... ~--PcA .... rn.,.,~.. z• AGRICULTURAL PEST CONTROL ADVISER LICENSE License#: 74534 EXPIRES: 12/31/2017 Categories :ABCDEG ISSUED: 01/0V2016 --DIANE M MAHAN JNTY REGISTRATION STATE OF CALIFORNIA \i;016 - I 1267 7TH AVE SANT A CRUZ CA 95062 • . DEPARTMENT OF PESTICIDE REGULATION PEST MANAGEMENT AND LICENSING BRANCH ~~~~~~~~~~~~~~~~~~~~~~~~~ ' k) (YEAR) c.97 ro<v ~EGISTRATION EXPIRATION DATE: DECEMBER 31, -z..-.l( ~ B / gzs-°' 'OR REGISTRATION IN COUNTY OF : This License must be shown to anv reoresstative of the: Director o:-Commissioner UPOO raue.st. ADDRESS -•7 · '? }_ /\- CARD IMPRINT AREA ~ 5 (f · / v · ""! REGISTRATION FEE RECEIVED$ __ ~_:::_ ,.... ~ N-A r-1 ·\'.:2 [; :--./1! !\I TY. ;::,.!..\ Ir\ ,_. ._.-, I .' \ .,_, .• _, ,_., I ' . -~ -·1r·' "··-1 'Rr:-: D!VlSiON OF 1'.\.t.:.Hi •• .-u~.1 ..,ir i... 1553 BBrr!:ir Drlv8 San ,iose, C~A 951·12 . .108 a~ a-~rnnii . · -v 1 f)..~~li~frlNG COUNTY'S OFACIA CITY r" •".\'. ...)~Yl }.;)J-<- ADVISER'S SIGNATURE LE AT (CITY & (ffl6ETJ I ' ..) ill -v"' n... csJpr LICENSING/CERTIFICATION PROGRAM QAL QUALIFIED APPLICATOR LICENSE License #: 96865 ~----·· categories: ABCDEFLN -DIANE M MAHAN EXPIRES: ISSUED: 12/31/2017 01/01/2016 -1267 7TH AVE _ SANTA CRUZ CA 95062 ~TION STATE OF CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION PEST MANAGEMENT AND LICENSING BRANCH 11\\l~Hlllll~I . f the Qired:or or Commissioner upon rquest. This License crust be shOWn to anv representatiVe o (YEAR) ~EGISTRATION EXPIRATION DATE: DECEMBER 31, _20{. la JR REGISTRATION IN COUNTY OF: Sa.."' ~v-.. I BUSINESS NAME BUSINESS LOCATION Q MAIN D BRANCH BUSINESS LICENSE NO _ \V' \ P-..\-\. A. ,..j ~-s i.J i:-..l s CARD IMPRINTAREA ADDRESS ~'-'---='---------------- (ATIACH COPY OF PEST CONTROL BUSINESS LICENSE) )-) ~L ., L '-"v-.,._ i-le._ l__ ~- REG I ST~ TIQ~ FEE RECEIVED $ &)--=--tc;-;-;n~Y---"'----=--=--'-~~~'.:::.z:71P~c:-;o~D~E~~~~==-TE-L-EP_H_O_NE_N_U_M-BE_R_ .:;:,,().,~.J ./-, ~L:\R;.\ CCUf~ffY 5 ~1--.) ~ - D!\/~fS~·J~,l \-J~-' /1-GR!C~t.!L~1·t_:~c 1 £: ;:;:~: ~ ~~).'·~; ~:--:::r?~/:} · San \Jo ·ii·s, ~:.,..\ ~-~:.~·~·12 IMPRINTING COUNTY'S OFFICIA -------- Distribulion: Yellow -Pes! Conlrol Business White Cardstock -CA{ ·------------------------------------------------------·-----------~----------------------------- CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION I 00 I I STREET SACRAMENTO, CALFORNIA 95814 /~pr '1' ISSUED: I EXPIRES: January 01, 2016 December 31, 2017 Pest Control Business -Main LICENSE II !I 11 rl I! :I ii :I ;; " lj !I .I d : ~ ii t! :1 ., ii 1''1ailing Address MAHAN & SONS INC 5382 ALUM ROCK A VE SAN JOSE, CA 95127 LICENSE NO . 38400 Invalid if insurance and/or qualified per.;on(s) lapse before expiration dale. Business Location MAHAN & SONS INC 5382 ALUM ROCK A VE SAN JOSE, CA 95127 POST THIS LICENSE PROMINENTLY IN PUBLIC VIEW THIS LICENSE rs NOT TRANSFERABLE -· ANY CHANGE IN OWNERSHIP REQUIRES A NEW LICENSE ~ CERTIFICATE OF LIABILITY INSURANCE DA~llJDD/YYYY) AC<7RL7 ~-·· 08/01 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER lHE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIRCATE OF INSURANCE DOES NOT CONSTTIVTE A CONTRACT BE1WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTlACATE HOLDER. IMPORTANT: If the c:ertlflcate holder Is an ADDITIONAL INSURED, the policy(les) muat be endonied. If SUBROGATION IS WAIVED, aubt: to the tenna and conditions of the policy, certain pollcllaa may niqwni an endorsement. A statement on this certificate does not confer rig to the certific:alll holder in lillu of such endo~iil. PRODUCER S2fi!~ Paydlex Insurance Agancy Inc PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE f.tlRN.\}. Elm· 677-266-6850 I FM .... ,. 565-369-7426 ROCHESTER, NY 14620 E.fllAIL Certs@paychex.com INSURER(8) AFFORDING COVERAGE NAIC# INSURED INSURER A: State Compensfilion Insurance Fund Mahan & Sons Inc. INSURERB: 5382 Alum Rock Ave. INSURERC: San Jose, CA 95127 INSURERD: IN8URERE: INSURERF: COVERAGES CERTIACATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY TliAT THE POLICIES OF INSURANCE LISTED BB.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATID. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIRCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~~ TYPE OF INSURANCE ~DOI.. ~ POLICY NUMBER POLICYEFF POUCYEXP LIMITS NSR 11111/DDIYYYYI llllllDD/Y'fYY) GENERAL LIABILITY l:ACH OCCURRENCE $ D COMMERCIAL GENERAL LIABILITY ~AGE TO RENTED $ ~n~- D~~UR MED EXP (Any one petaon) $ g PERSONAL & ArN IN.l.JRY $ GENERAL AGGREGATE $ GEtn. AGGREGATE LIMIT APPLIES PER: PRODUClS-COMPA:>P AGG ~ POUCV D PRQJrmD LOO $ $ AUTOlllOBILE LIABILITY COMBINED SINGl.E LIMFT $ DAllYAllTO (Ca accidett) EIODll. Y INJURY ~ All.OWNED D 9CHEllULED (Per person) $ I== AIITOS AUTOS '= HIRBlAIITOS D ~IED EIODIL Y INJURY $ (Pllr accldontl ~ D PROPERIY DAMAGE $ (Per a:cidtnt) $ __] UHRl!UAUAB D OCCIJ! l:ACH OCCURRENCE $ ~ m:en Ul8 D CAJMS.MADE AGGREGATE $ OED I I RETENT10tl' $ -11:11 COllPENRllTIONMD XI~~~ I I~ l!MPLOY211tr LIAlllUT'Y s 1000000 E.L CACH ACCIDENT A MYPRO~ARTNEREXECUnVE 9101603-2015 s 1,000,000 OFFlCERtlllBIBER EXCUDED? ~ 11120/2015 11f.l012016 EL DISEASE-CA EMPLOYEE ~lnllHJ NIA EL. DISEASE-POLICY LIMFT 5 1,000,000 • ,.... daa::rim ....... ·-~ DESCRIPTION OF OPERAllDNS I LOCATIONS fYEJllCLE.S {Au.ch ACORD 101,Addltlonel a-rb Scheclull, ff mo19 •-lo 1911ul~ CERTIFICATE HOl.DER CANCEUATION City of Cupertino SHOULD ANY OF TllE ABOVE DESCRIBED POLICES BE CANCELLED llEFORETllE EXPIRATION DATE TllEREOF, NOTICE WILL BE DB.IVERED IN ACCORDANCE WITH TllE POLICY 10555 Mary Ave. PROVISIONS, BUT FM.URE TO llAL SUCH NOTICE SHALL lllPOSE NO OBLIGATION OR LIA8l.nY OF AHY KIND UPON TllE COllPANY, IT'S AGENT'S OR AEPAEllENTATIVES. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE °?l~~-~--- ACORD 25 (2010/05) 01988..2010 ACORD CORPORATION-All rights -rvec1. The ACORD name and logo ani nigiatenid marb of ACORD ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/1/2016 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~ga~~cr Kristen Schnittger Moore & Miller Insurance r.~~N.t c-'" (831) 462-6900 I rffc Nol: (831) 462-3884 3333 Soquel Drive ~~D~~55 ,kristen@mooremiller.com INSURER(S) AFFORDING COVERAGE NAIC# Soquel CA 95073 INSURER A :California Capi ta1 Ins. Co. 13544 INSURED INSURER B :United Financial Casualty Co. 11770 Mahan and Sons, Inc. INSURERC : 1267 7th Avenue INSURERD : INSURERE : Santa Cruz CA 95062 INSURERF: COVERAGES CERTIFICATE NUMBER:CL168107082 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IUJIJL ;suBR ,:siit~ ,~Bi'ti~ LIMITS LTR ,.,.,n •wun POLICY NUMBER x COMMERCIAL GENERAL LIABILITY EACH OCCURRE NCE $ 1,000,000 -D CLAIMS-MADE [i] OCCUR DAMAGE TO RE NTED A PREMISES IEa occurrence! $ 100,000 3CHA1014800 9/1/2 015 9/1/2016 MED EXP (Any one perso n) $ 5,000 - t--PERSONAL & ADV INJURY $ 1,000,000 G EN'L A GGREGATE LI MI T A PPLI ES PER : GENERALAGGREGATE $ 2 ,000 ,000 M POLICY D ~~g: D Loc PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER : Pesticide or Herbicide s 1,000 ,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 ,000,000 I Ea accident\ - B A NY AUTO BODILY IN JURY (Pe r person) $ -ALL OWNED X SCHEDULED AUTOS t--~~'?JWNE D 05490515-7 7/2/2016 7/2/2017 BODILY INJURY (Per accident) S t-- PROPERTY DAMAGE HIRED AUTOS AUTOS IPer accident\ $ t--~ Uninsured motorist combined $ 1,000 ,000 UMBREUA LIAB H OCCUR EACH OCCURRENCE $ - EXCESSLIAB CLAIMS-M ADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION ! I PER I I OTH- AND EMPLOYERS' LIABILITY ... , STATUTE ER Y/N ANY PROPRIETORIPARTNERIEXECUTlVE D E.L EACH ACCIDEN T s OFFICER/MEMBER EXCLUDED? (M•ndatory In NH) E.L DISEASE -EA EMPLOYEI $ If yes. describe under DESCRIPTION OF OPERATIO NS below E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addition al Remarl<s Schedule, may be -c hed if more space Is required) CERTIFICATE HOLDER The City of Cupertino 1055 Mary Avenue Cupertino, ACORD 25 (2014/01) INS025 1?014 011 CA 95014 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATJVE K Schnittger /KLS ]C';~: ·.--<:-> L•,P).-, ___ © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Business Location CITY OF CUPERTINO 10300 TORRE AVEN UE CUPERTINO, CALIFORNIA 95014 408-777-3221 BUSINESS LICENSE TAX RENEWAL 5382 ALUM ROCK AVE SAN JOSE CA 95127 £'h'11'.N AND SONS INC 5382 ALUM ROC K AVE SAN JOSE, CA 95127 PHONE # (408) 251-0460 Account # 36057 ' Your business license tax is due on 02/29/2016. To avoid penalties you must pay prior to 03/31/2016. Your fee is based o n 0 units and includes $1.00 State fee (SB1186). Balance ·due 133.00 · EXEMPTION REQUEST: I f your business' annual gross receipts were five thousand dollars or less, you are eligible for an exemption. Please provide proof (for example: the Schedule C from the most current tax reporting year) and pay only $70.00 . FOR NON-PROFIT : Your waiver of business license tax e x pires 0 2 /29/2016. If your organization plans to continue operations in Cuperti no, please sign and ret urn this form by 03/31/2016 . MOORE & MILLER INS PO BOX 757 Cl\PITOlA, CA 95010 ~E8 l 0 2632 1 AB 0.399 PPACAOlA 016 002632 •:=~e d insured '.'.4~AN AND SONS, INC. 12 57 7TH AV EN UE SFJITA CRUZ, CA 95062 h Ii I l I 1Ill11 1ItIiiIii111111 1I111f•1 f II hi l1l1 1 ll 1111 I"It1h•1l1 Commercial Auto Insurance Coverage Summary This is your revised Renewal Declarations Page PROGREIIIVE ' COMMERCIAL Policy number: 05490515-7 Underwritten by: United Financial Casualty Company May 11 , 2016 Policy Period : Jul 2, 2016 -Jul 2, 2017 Page I of 2 progressiveagent.com Online Service Make payments, check billing adivity , print policy documents. or check the status of a claim . 1-831-462-6900 MOORE & MILLER INS Contad your agent for personalized service . 1-800-444-4487 For customer service if your agent is unava ilable or to report a cla im. Your coverage begins on July 2, 2016 at 12 :01 a.m . This policy expires on July 2, 2017 at 12:01 a.m. Th is cove rage summary replaces your prior one . Your insurance policy and any policy endorsements contain a full explanat ion of your co verage . The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto, unless the poli cy contra ct allows the stacki ng of lim its . The policy contract is form 6912 (06/1 O). The contract is modified by form s 2852CA (09 /06), 4759CA (09/06), 4757 (03/05), 4852CA (10/04), 4881CA (12/04) and Z228 (01/11). The named insured organ ization type is a corpo ration . Outline of coverage Oe scription Limits Deductible Premium ............................................................................................................................................................................. Liability To Others $1,916 .. -~~?.i~y_ ~~_j~~-'.1.~~ _P~~~.~~-~'.1.~'.1.~~--~i-~~i.1!~ ............. -~ .1_.p,q~'.~.q~ .~?.~~i.~~?. ~!~~!~ _li~.i~ ...... : ................................................... . ~~i-~~~~~-~~~-~~-~i -~s~~~~ .~~~?.~~-t ............................ -~ _1.'.~.q~ .. ~.q~ .~?.':!~i-~~.?. ~i~~!~. _I!~!~ ..................................................... _2~9 Unin sured Motor ist Property Damage Rejected . ~:~~i:~~!:~~y~~~~::::::::::::::::::::::::::::::::::::::::::::::::~~;¢~~:~~~p~~?:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~:~ Comprehensive 146 .. -~~-e .~~~? -~~v.:~a-~~ -~~~-~~-1.: ................................ Li.I!!~~ ~f _l_i~~!li_ty _I~~~.~~-~~.~~~!~ ............................................................... . Collision 635 See Auto Coverage Schedule Limit of liab il ity less deduct ible Subtotal policy premium $2,998 .00 California Vehicle Assessment Fee 3.52 roiai .1"i ·.n·.;·.ltii .jjoii(f ·;;;.eiiiiuiii.aiidtees······························································································iioo1:s2 Important information about fees The following additional fees may apply: Late payment fee $10 .00 Fee for returned checks or re fused payments $20 .00 Rated drivers 1. DIANE MA HA N 2. CHRISTOPHER MAHAN 3. DANIEL MAHAN ~ Co ntinue i! Fo rm 6489 CA (06/1 0) Auto coverage schedule 1. 2009 Ford F150 VIN : 1FTRF12W19KB05984 Policy number: 05490515 -7 MAHAN AND SONS, INC. Page 2 of 2 Actual Cash Value (plus $2,000.00 Permanently Attached Equip) Garaging Zip Code : 95127 Radius : 50 Liability Premium ~~!I!~ ............ ~.~~~-~! ........ -~-~~-~?'! ........................................................................................................... '''' .. . Physical Damage Premium $945 $139 $27 Comp Deductible $500 Comp Premium $48 Coll/Waiver Deductible $1,000 Coll/Waiver Premium $141 Auto Total $1,300 2. 2014 Ford FSSO Super Duty VIN : 1 FOUFSGTl EEA68763 Stated Amount: *$75,000 (including Permanently Attached Equip ) Garaging Zip Code: 95127 Radius: 50 Liability Premium ~~~!1~ ........... Y.~~1~. ~! ........ -~-~~-~?'! ................................................................................................................ .. $971 $111 $24 Physical Damage Premium Comp Comp Coll/Wa iver Coll/Waiver Deductible Premium Deductible Premium Auto Total .................................................................................................................................................................. $500 $98 $1,000 $494 $1,698 *A vehicle's stated amount should indicate its current retail value, including any special or permanently attached equipment. In the event of a total loss, the maximum amount payable is the lesser of the Stated Amoun t or Actual Cash Value, less deductible. Be sure to check stated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. Premium discounts Policy 05490515 -7 Business Experience and Paid In Full Loss Payee information 1 . Loss Payee Auto 2 FORD MOTOR CREDIT CO P.O. BOX 105704 ATLANTA, GA 30348 2014 Ford F550 Super Duty (1 FDUFSGTl EEA68763) Company officers President Secretary --= == = =· SANTA CLARA VALLEY GREEN .GARDENER SINCE SPRING 2011 -DIANE· MAHAN has been trained in sustainable landscape maintenance methods EFFECTIVE UNTIL APRIL 2017 I The Bay-Friendly Landscaping & Gardening Coalition confirms that DIANE MAHAN has met the requirements to become a Bay-Friendly Qualified Landscape . 1\t1aintenance P·rofessi.onal effective December 16, 2014. ;\ ~l ~u ~)~~~ -JI '·0/~~·~::'·l ·'\.2- Ann-Marie Benz, Executive Director Bay-Friendly Landscaping & Gardening Coalition n State Of California ..,..'\_:£·~ .• CONTRACTORS STATE LICENSE BOARD c.a •• ,.:<: ACTIVE LICENSE . .... :"S:r~ -~,.-VU< 932336 :-CORP ,,,,. .. ,,...,,.. MAHAN AND SONS INC '"'"''"""'' C27 ~ ··~-, .... 08/31/2017 www.cslb .ca .gov ti~