Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-093 Smith's Gopher Trapping Service, Ground Squirrel Management Project
CITY OF a CUPERTINO 1. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("Contract") is made and entered into on April 19, 2018 ("Effective Date") by and between the City of Cupertino , a municipal corporation ("City"), and Smith's Gopher Trapping Service , a Corporation ("Contractor") for Ground Squirrel Management Project 2. SCOPE OF WORK Contractor will perform and provide all labor, materials , equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A , and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on December 31, 2018 ("Contract Time") unless terminated earlier as provided herein. Contractor 's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay , or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $24,740.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the fust day of each month, describing the Work performed during the preceding month, itemizing labor, materials , equipment and Public Works Project Ground Squirrel Management Project Public Works Contract $45,000 /Rev. Nov 3, 207 7 Page I of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): Agriculture & Enviromental Management , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation 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 is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Ground Squirrel Management Project Public Works Contract $45,000/Rev. Nov 3, 2017 Page 2 of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers , press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 2% of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Ground Squirrel Manaaement Project Public Work s Contract $45,000 !Rev. Nov 3, 207 7 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants , volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages , claims, stop notices , actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents , servants , subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other 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 Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public Works Project Ground Squirrel Management Project Public Works Contract $45,000 !Rev. No v 3, 207 7 Page4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777 .5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200 00 per worker for each day of violation. ( c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person , by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Ground Squirrel Management Project Public Works Contract $45,000/Rev. Nov 3, 2077 Page 5 of 11 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. ( a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public Works Project Ground Squirrel Management Project Public Works Contract $45,000 /Rev Nov 3, 207 7 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards . The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters -and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw -cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site ; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter , and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines . Public Works Project Ground Squirrel Management Project Public Works Contract $45,000 !Rev. No v 3, 207 7 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Brian Gathers, Public Works Supervisor as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Zachary Smith, owner -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract CodeSection 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Ground Squirrel Manaaement Project Public Works Contract $45,000 !Rev. Nov 3, 207 7 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22. TIDRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship-and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims , liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Ground Squirrel Management Project Public Works Contra ct $45,000/Rev. Nov 3, 2017 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. -COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals mu st be sent in writing to the persons below and will be considered effe_cti ve on the. date.. of personal delivery, the_ date. confirmed by a reputable_ overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next bu siness day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Brian Gathers, Public Works Supervisor Copy to: Carl Valdez, Superintendent Email: briang@cupertino .org 30. VALIDITY OF CONTRACT To Contractor: Smiths Gopher Trapping Service, P .O Box 112104 Campbell, CP Attention: Zachary Smith, Owner Copy to: Georgia Eaton, Genera1Manager Email: zsmith@gopher-trapping.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code. Chapters J. 22 and 3.21, (b} is signed by the. City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313 . Public Works Project Ground Squirrel Management Project Public Works Contract $45,000 /Re v. Nov 3, 2077 Page W oflI IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Smith's Gopher Trapping Servi< CITY OF CUPERTINO, P.O Box 112104 Campbell, CA. 95011 a Municipal Corporation Comorat· n Title: _0_6_U _____ _ Title: Director of Public Works Signature Date: lf-lJ-/ J>' Signature Date: __ 5_-_S_-~f_?i~---- By: City Attorney ATTEST: By: ~~J \.27-/f GRACE SCHMIDT, City Clerk Public Works Project Ground Squirrel Manaaement Project Public Works Contract $45,000 !Rev. Nov 3, 207 7 Page 11 of 11 EXH I BIT 11 A11 Smith 's Gopher Trapping Service March 14th 2018 Brian Gathers City of Cupertino 10300 Torre Ave Cupertino, CA 95014 Re: Cupertino Parks Ground Squirrels at Blackberry Farm Park, Wilson Park, Jollyman Park, and McClellan Ranch Park Dear Mr. Gathers: Thank you for this opportunity to bid on your burrowing pest control program. Your sites will be provided with skilled, state licensed technicians who are well trained in their craft. Our pricing and scope of work to provide poison-free ground squirrel extermination is below. If you have any questions please let me know. Scope of Work: Ground Squirrel Burrow Fumigation 1. Initial Clean-out • Fumigate all known and accessible burrow openings with carbon monoxide to exterminate the squirrels within. • Close all treated burrows following treatment • Note: Any ground squirrels living outside of the treatment area may re-establish residence in the treated burrows. It is for this reason that we feel a twice-monthly maintenance program be implemented Cost-Initial Cleanout: • Blackbeny Farm Park $2500 • Wilson Park $2500 • Jollyman Park $2500 (Note there are many burrows here that have openings on the other side of the fence which may reduce results) • McClellan Ranch Park $5000 • Additional umbrella insurance policy $2000 Total Cleanout Cost $14,500· 2. Maintenance Program • Walk the park twice per month and mark all active ground squirrel burrows for treatment. • Fumigate all accessible burrow openings with carbon monoxide to exterminate the squirrels within. PO Box 1121 O..J. Campbell CA 95011 408-8 7 1-6988 \\v\W.go pher-trapp ing.co m zs mit h [!' gopher-trapp ing .co m C ./LJ ! 0 T fl A rl Smith's Gopher Trapping Service • Close all treated burrows following treatment and monitor for re-opening on subsequent visits • Make recommendation to the City management to reduce or suspend the maintenance program if and when all signs of active squirrels have ceased. Cost-Maintenance Program: • Blackbeny Farm Park $640/Mo • Wilson Park $640/Mo • Jollyman Park $640/Mo • McClellan Ranch Park $640/Mo Total Maintenance Cost $2560/Mo Exclusions and qualifications: • Ground squirrels have many members of their population that often reside off-site, outside of the treatable area. These squirrels can and will attempt to reestablish themselves in the treated burrows after each burrow fumigation treatment. A maintenance program will keep these burrows from becoming permanent residences. • The carbon monoxide gas is harmless to people and pets who may pass through the treatment area. • Some burrows may be inaccessible. Some common examples of this are: Burrow openings that are under the foundation of a structure that is on blocks, or burrow openings within thick brush. In this case , it is best to use bait, with the City's pemuss10n. Thank you for this opportunity to assist you with your pest management program. We appreciate it very much. Sincerely, G_~ ~=;;;-,--. --"""""----=-""""-.wc...---'..c___c:=;__----- -A~val Signature ~/Au f}p17,4-~7<:-S ---- Print Name Date PO Box 112 l 04 Campbell CA 95011 408-871-6988 v,vn.v .gopher -trappin g.com zsmith1f~ gopher-trapp in g.com 2 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for jive years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its 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 t..f "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general ~ rv aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ~ ~ 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 0 l 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 and non-contributory 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. \12 . Automobile Liability: ISO Form 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 limit 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 accident for bodily injury or disease, or as otherwise required by statute .. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. D N/A if box checked (Contractor provides written verification it has no employees). 4. Pro~ional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate . . .-r::J NI A if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limi~ual to the completed value of the project and no coinsurance penalty provisions. ~ NI A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements/or Constru ction Contracts -$45,000 Version : Nov 201 7 6 . Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. )2( N IA if box checked (Project does not involve environmental hazards). 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/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option , either: (I) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses . The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. 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 policy 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 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 Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a I 00% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation , and testing at the City's site. Insurance Requirements for Construction Contracts -$45,000 Version: Nov 2017 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors . Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of 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. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. 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. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Insurance Requirements for Construction Contracts -$45,000 Version : Nov 2017 3 SMITH17 OPID:AWM ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 03/22/2018 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:i~cT James D. Pace Christian-Baker Co Ins Svcs W8NJo Extl :717-761-4712 / r~ No): 717-761-5810 P.O. Box 158 Camp Hill, PA 17001-0158 James D. Pace it1D~~ss: jimp@christianbakerco.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A : Cincinnati Insurance Companies 10677 INSURED Zachary Smith INSURERS : Smiths Family of Companies dba Smith's Gopher Trapping INSURERC: Services INSURER D : 14857 Nelson Way San Jose, CA 95124 INSURERE : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 "UUL ~UHi< POLICY EFF POLICY EXP LIMITS LTR I.,"" IWVD POLICY NUMBER /MM/DD/YYYYJ l!MM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 1 CLAIMS -MADE 0 OCCUR X X RSG0001381 03/07/2018 03/07/2019 UAMMC,C: I u r<C:N I c:u $ 300,000 PREMISES /Ea occurrence\ MED EXP (Any one person) $ 5,000 x Herb/Pest Endt PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl D PRO -D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ ~ AUTOMOBILE LIABILITY COM BINED SINGLE LIMIT $ \ /Ea accident) -ANY AUTO BODILY INJURY (Per person) $ f--ALL 0\/VNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-0\/VNED PROPERTY DAMAGE HIRED AUTOS AUTOS I Per accidentl $ -- $ / UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ I 2,000,00( ~ A x EXCESS LIAB CLA IMS-MADE RSG0001381 03/07/2018 03/07/2019 AGGREGATE $ I 2,000,000 DED I I RETENTION$ $ \ WORKERS COMPENSATION I PER I I OTH-----------AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes , describe under DESCRIPTION OF OPERATIONS bel ow E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Ci!}' of Cu~ertino, including its City Council, boards and commissions, officers, o icials, aRents employees, consultants and volunteers, are included as an add1 ionai insures under Contractor's ~eneral liability on a ~rimary and non-contributory basis with waiver of su rogation when required y written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE LP Po.&- I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM /DDIYYYY) ~ 2/9/2018 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ON LY A ND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIR MATIVELY OR NEGATIVELY AMEND , EXTE ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI TUTE A CO NTRACT BETWEE N 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 condi tions 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 ~~~?CT Bertha Cisneros Nielsen & Associates Insurance Services Inc ri:JgNJo Extl · (559) 594-5500 I FAX {AJC Nol: (55 9 ) 5 92 -106 2 PO Box 177 :oMlJ~ss : berthac@nielseninsurance.net 502-A North Kaweah (HWY 65) INSURER{Sl AFFORDING COVERAGE NAIC# Exeter CA 93221 INSURER A :American Fire and Casualtv Comoanv INSURED INSURER B : Smith's Family of Companies, Inc. INSURER C : DBA: Smith's Gopher Trapping Service INSURER D : 14857 Nelson Way INSURERE: San Jose CA 95124 INSURER F : COVERAGES CERTIFICATE NUMBER:CLl 7 8 3 0 9 5 04 REVISION NUMBER : TH IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BE LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TER M S, EXC LUSIONS AND COND ITIONS OF SUCH POLIC IES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE Auu~ ,~ucR POLICY EFF POLICY EXP LIMITS LTR ,.,en '"n,n POLICY NUMBER IM M/DDIYYYYI IM M/DDIYYYYI COMM ERCIAL GENERAL LIABILITY EAC H OCCURRENC E $ -=:J CLA IMS-MADE D OCCUR DAMA<.;E ', YE RENTE D PREM ISES Ea occurrence) $ -MED EXP (Any one person) $ -PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LI MIT APPLIES PER: GENERA L AGGR EGATE $ R D PRO-D LOC PROD UCT S -COMP/O P AGG $ PO LI CY JECT OT HER: $ AUTOMOBILE LIABILITY COMBI NED SINGL E LI MI T $ v 1,000,000 rEa accident\ - ANY AUTO BOD IL Y IN J URY (Per person) $ A -A LL OWNED -SCH EDU LED AUTOS X AUTOS BAA (l.8 ) 5 6 2 14 3 6 0 8 /l.0/2017 8 /l.0 /2 0 18 BODILY INJURY (Pe r accident) $ --NON-OWNED PRO PE RTY DAMAGE X HIRED AUTOS X AUTOS /Per accident\ $ -- Uninsured m otorist combined $ 500,000 UMBRELLA LIAS H OCCUR EAC H OCCURRENC E $ - EXCESS LIAS CLA IMS-MAD E AGGREGATE $ OED I I RETENTI ON $ $ WORKERS COMPENSATION I PE R I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECU T IV E D E.L. EACH ACCI DENT $ OFF IC ER/M EMBE R EXCLUD ED? N/A (Mandatory in NH) E.L. DI SEASE -EA EMPL OYEE $ If yes, descnbe un der DE SCR IPTION OF OPE RAT IONS below E.L. DISEAS E -POLI CY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedul e, may be attached if more space is required) This Certificat e of Insurance coverage information. CERTIFICATE HOLDER (408)777-3399 City of Cupertino Attn : Brian Gathers ACORD 25 (2014/01) INS 025 (201401 ) is issued as proof of insurance only. Please contact our office for more ----- CANCELLATION SHOULD AN Y OF THE ABOVE DESCRIBED POLICIES BE CA NCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVE RED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE Bertha Ci s n ero s /BERT ~~-Q >--"' © 1988-2014 ACORD CORPORATION. All rights re served. The ACORD name and logo a re regi stered marks of ACORD SMITFAM-02 JFAVREAU ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYY Y) ~ 10/31/2017 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 th i s certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODU CER 2~~~~CT AP lntego Insurance Group, LLC PHONE I FAX 1601 Trapelo Rd. Suite 174 (AJC, No , Ext): (A/C,No): Waltham, MA 02451 ~oMD'}l~ss , support@apintego.com INSURER(Sl AFFORDING COVERAGE NAIC # INSURER A : State Compensation Insurance Fund-State Fund in California INSURED INS URER B : Smith's Family INSURER C : PO Box 112104 INSURER D : Campbell , CA 95011 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER · REVISION NUMBER· TH IS 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 DES CRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E XCLUS IONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY ,_ __ ,__J_ CLAIMS-MADE D OCCUR f-------------- ~ ------------ GEN'L AGGREGATE LIMIT APPLI ES PER: 1 POLICY D ft8r D Loc I OTHER : AUTOMOBILE LIABILITY ANY AUTO f--OWNED _ AUTOSON LY SCHEDULED AUTOS HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB NON-OWNED f--AUTOS ON LY HOCCUR CLAIMS-MADE OED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N / A OF FIC ER/MEMBER EXCLUDED? (Mandatory in NH) If yes , describe under DESCRIPTION OF OPERATIONS below POLICY NUMBER POLICY EFF POLICY EXP "'""""1NVYV\ 9145027-2017 10/17/2017 10/17/2018 LIMITS EACH OCCURRENCE $ ~~~j~~J9E~~~!,~~nr"\ $ MED EXP (Anv one oersonl $ PERSONAL & ADV INJUR Y $ GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ $ COMB IN ED SINGLE LIM IT /Ea accident\ $ BODILY INJURY /Per nersonl $ BODILY INJURY (Per accident! $ /p~?~a,~d~lfAMAGE $ $ EACH OCCURRENCE $ AGGREGAT E $ $ X I ~~fTIITE I I OTH-ER E.L. EACH ACCIDENT $ v 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES {ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE -~ ~L,1., I> •. 'c"-_., I ./ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RSG0001381 COMMERCIAL GENERAL LIABILITY CLCG01140916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (ADDITIONAL INSURED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of Section IV -Commercial General Liability Conditions, as follows : (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis : (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions , or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with your premises; 2. By your maintenance, operation or use of equipment leased to you by such person or organization ; or 3. By "your work" performed for that additional insured and included in the "products-completed operations hazard"; this insurance shall be primary to and will not seek contribution from the additional insured 's own insurance if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period , that this insurance be primary and noncontributory as respects liability described in Subparagraph (1 )(a)(v)1., (1 )(a)(v)2. or (1 )(a)(v)3. above . However, this insurance, in all cases , is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured . CL CG 0114 09 16 Includes copyrighted material of Insurance Services Office , Inc. with its permission Page 1 of 1 POLICY NUMBER: RSG0001381 COMME RCIAL GENERAL LIAB ILITY CG 240410 93 T HI S ENDO RSE MENT CHAN GES T HE PO LI CY. PLEA SE RE A D IT CA REF UL LY. WAIVER OF TRANSFER OF R IGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHE DULE Name of Person or Organization : BLANKET WHEN RE QUIRED BY WRITTEN CON TRAC T (I f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The T RANSF E R OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following : We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in t he "products-compl eted operat ion s hazard". This wa iver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copy r ight , Insurance Services Office, Inc, 19 92 Page 1o f 1 a Policy#: RSG0001381 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WILDLIFE RPG ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Endorsement -Table of Contents: Coverage: Beqjns on Pagej 1. Mobile Equipment Subject to Motor Vehicle Insurance Laws ............................................................ 1 2. Who Is An Insured Changes .............................................................................................................. 2 l. Limitation of Policy to Exclusion Work ............................................................................................... 6 4. Abuse or Molestation Exclusion ......................................................................................................... 6 S. Bear, Crocodile, or Alligator Exclusion ............................................................................................... 6 6. Additional Definition -Exclusion Work .............................................................................................. 7 B. Coverages: 1. Mobile Equipment Subject to Motor Ve- hicle Insurance Laws If the AA 101 BUSINESS AUTO COVER- AGE FORM is not attached to this policy or any other policy issued to you by us. and we do not insure your owned •autos" then the following applies: (1) SECTION I -COVERAGES. COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY. 2. Exclusions, g. Aircraft, Auto or Wa- tercraft is replaced by the following: This insurance does not apply to: g. Aircraft, Auto or Watercraft "Bodily injury'' or "property dam- age" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto• or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "load- ing or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employ- ment training or monitoring of oth- ers by that insured, if the "occur- rence" which caused the "bodily in- jury'' or "property damage" involved the ownership, maintenance, use or entrustment to others of any air- craft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises that you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on. or the ways next to. premises you own or rent, provided the "au- to" is not owned by or rented or loaned to you or the in- sured: (4) Liability assumed under any "insured contract" for the own- ership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the op- eration of any of the equip- ment listed in Paragraph f. (2) or f. (l) of the definition of "mobile equipment". (2) For the purposes of Section B.1. Mo- bile Equipment Subject to Motor Vehicle Insurance Laws of this en- dorsement SECTION V -DEFINI- TIONS. Definitions 3. "Auto" and 15. "Mob ile equipment" are deleted in their entirety and replaced by the following: 3. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equip- Rl GA 202 01 1S 1 ncludes copyrighted material of Insurance Services Office, Inc., with its permission. Pagel of 7 ment. But "auto" does not include "mobile equipment". 15. "Mobile equipment'' means any of the following types of land vehi- cles, including any attached ma- chinery or equipment a. Bulldozers, farm machinery, forklifts and other vehicles de- signed for use principally off public roads: b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads: d. Vehicles, whether self- propelled or not, maintained primarily to provide mobility to permanentfy mounted; (1) Pow er cranes, shovels, loade rs, diggers or drills: or (2) Road construction or re- surfacing equipment such as graders, scrapers or rollers: e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are main- tained primarily to provide mo- bility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a .. b., c. or d. above maintained primarily for purposes other than the transportation of per- sons or cargo. However, self-propelled vehi- cles with the following types of permanently attached equip- ment are not "mobile equip- ment'' but will be considered "autos": (1) Equipment designed pri- marily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing: or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on au- tomobile or truck chassis and used to raise or lower workers: and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment (3) Section 1. Mobile Equipment Subject to Motor Vehicle Insurance Laws does not apply to any liability arising from an "occurrence" caused by or arising from any land vehicle if: (a) You have an Auto Coverage Form in force at the time of the "occur- rencew; and (b) The land vehicle meets the defini- tion of auto in your Auto Coverage Form or policy, regardless of whether or not such land vehicle is: 1) A covered auto under such Auto Coverage Form or policy; or 2) Specifically described on a schedule of covered autos on your Auto Coverage Form or policy. 2. Who Is An Insured Changes SECTION II -WHO IS AN INSURED is de- leted in its entirety and replaced by the fol- lowing: a. If you are designated in the Declara- tions as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of the ~exclusion war~ business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your uex- clusion work" business. R3 GA 202 0115 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 (3) A limited liability company, you are an insured. Your members are al- so insureds, but only with respect to the conduct of your "exclusion work" business. Your managers are insureds, but only with respect to their duties as your managers. (4) An organization other than a part- nership, joint venture or limited li- ability company, you are an in- sured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (5) A trust. you are an insured. Your trustees are also insureds, but only with respect to their duties as trus- tees. b. Each of the following is also an in- sured: (1) Your ''volunteer workers" only while performing duties related to the conduct of your "exclusion work" business, or your "employ- ees", other than either your •ex- ecutive officers" (if you are an or- ganization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited lia- bility company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your "exclusion work" business. However, none of these "employees " or "volunteer work- ersa are insureds for: (a) "Bodily injury' or "personal and advertising injury": 1) To you, to your partners or members (if you are a partnership or joint ven- ture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her em- ployment or performing duties related to the con- duct of your business, or to your other ''volunteer workers" while performing duties related to the con- duct of your business; 2) To the spouse, child. par- ent. brother or sister of that coemployee or "volun- teer worker'' as a conse- quence of Paragraph b.(1) above; 3) For which there is any ob- ligation to share damages with or repay someone else who must pay dam- ages because of the injury described in Paragraphs a.1) or 2) above; or 4) Arising out of his or her providing or failing to pro- vide professional health care services. (b) "Property damage" to property: 1) Owned, occupied or used by; or 2) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by, you, any of your "employees", "volunteer workers", any part- ner or member (if you are a partnership or joint venture), or any member (if you are a lim- ited liability company). (2) Any person (other than your "em- ployee" or "volunteer worker',. or any organization while acting as your real estate manager. (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; <ild (b) Until your legal representative has been appointed. (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties un- der this Coverage Part. (5) Automatic Additional Insured (a) Any person or organization, hereinafter referred to as AD- DITIONAL INSURED: 1) Who or which is not spe- cifically named as an addi- tional insured under a ny other provision of, or en- R3 GA 202 0115 Includes copyrighted material of Insurance Services Office. Inc., with its permission. Pagel of7 R3 GA 202 01 15 dorsement added to, this Coverage Part; and 2) For whom you are re- quired to add as an addi- tional insured on this Cov- erage Part under: 1) A written contract or agreement; or 2) An oral agreement or con- tract where a certificate of insurance showing that person or organization as an additional insured has been issued; but only with respect to liability arising out of ")Uur work" per- formed for that additional in- sured by you or on your behalf. A person or organization's sta- tus as an insured under this Paragraph (5) Automatic Ad- ditional Insured continues for only the period of time re- quired by the written contract or agreement, but in no event beyond the expiration date of this Coverage Part If there is no written contract or agree- ment, or if no period of time is required by the written contract or agreement, a person or or- ganization's status as an in- sured under this Paragraph (5) Automatic Additional In- sured ends when your opera- tions for that insured are com- pleted. (b) SECTION IV -COMMERCIAL GENERAL LIABILITY CON- DITIONS is modified to in- clude: 1. Automatic Additional In- sured Provision The written or oral contract or agreement must be cur- rently in effect or become effective during the term of this Coverage Part. The contract or agreement also must be executed prior to the "bodily injury", "prop- erty damage" or "personal and advertising injury" to which this Paragraph (5) Automatic Additional In- sured pertains. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Conformance to Specific Written Contrad or Agreement If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a. Be provided by the ln- s urance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition speci- fied); or b. Include coverage for completed operations; or c. Include coverage for ~ur work"; and where the limits or coverage provided to the additional insured is more restrictive than was spe- cifically required in that written contract or agree- ment, the terms of Paragraphs (c), (d)(1)b) or (d)(2). or any combination thereof, of this Paragraph (5) Automatic Additional Insured shall be interpret- ed as providing the limits or coverage required by the terms of the written contract or agreement but only to the extent that such limits or coverage is in- cluded within the terms of the Coverage Part to which this endorsement is attached. If, however, the written contract or agree- ment specifies the Insur- ance Services Office addi- tional insured form number CG 20 1 o but does not specify which edition, or specifies an edition that does not exist, Paragraphs (e) and (d)(1)b) of this Paragraph (5) Automatic Additional Insured shall not apply and Paragraph (d)(2) of this endorsement shall apply. Page 4 of 7 R3 GA 202 01 15 (c) SECTION Ill -LIMITS OF IN- SURANCE is amended to in- clude: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Decla- rations of this Coverage Part, whichever are less.' If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits applica- ble to the additional insured are those specified in the Dec- larations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. (d) The following are added to SECTION I -COVERAGES, COVERAGE A. BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY, 2. Ex- clusions and SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVER- TISING INJURY LIABILITY, 2. Exclusions: The insurance provided to the additional insured does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the: a) Rendering of, or fail- ure to render, any pro- fessional architectural, engineering or survey- ing services, including: 1) The preparing, approving or fail- ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and specifications; and 2) Supervisory, in- spection, architec- tural or engineer- ing activities; b) Sole negligence or willful misconduct of, or for defects in de- sign furnished by, the additional insured or its "employees". (2) "Bodily injury" or "property damage" arising out of "your work" included in the "products-completed op- erations hazard". (3) "Bodily injury" or "property damage" arising out of 'your work" for which a consolidated (wrap-up) in- surance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. (e) SECTION IV -COMMERCIAL GENERAL LIABILITY CON- DITIONS, 5. other Insurance is amended to include: a. Where required by a writ- ten contract or agreement, this insurance is primary and noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and/or noncontributing, whichever applies, with this insur- ance . b. Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except (1) As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS, 5. other Insuranc e, b. Excess Insurance; or Includes copyrighted materi al of Insurance Services Office, Inc .• with its permission. Page 5 of 7 (2) For any other valid and collectible insur- ance ava il able to the additional insured as an additional insured by attachment of an endorsement to an- other insurance policy that is written on an exc ess basis. In such cas e, the coverage provided under this Paragraph (5) Auto- matic Additional In- sured shall also be excess. (6) Mobile Equipment For Section B.3. Mobile Equi~ ment Subject to Motor Vehicle Insurance Laws Coverage in this WILDLIFE RPG -ENDORSE- MENT only: With respect to "mobile equip- ment" registered in your name un- der any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permis- sion. Any other person or organi- zation responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other in- surance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with re- spect to: a. "Bodily injury'' to a coemployee of the person driving the equipment or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any per~on who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liabilit;y company that is not shown as a Named Insured in the Declarations. 3. Llmi~tion of Policy to Exclusion Work This insurance applies only to "bodily in- jur/', "property damage", "personal and ad- vertising injury'' and medical expenses arising or resulting from: a. The ownership, maintenance or use of the premises shown in the Declara- tions and operations necessary or inci- dental to those premises; or b. "Exdusion work". 4. Abuse or Molestation Exclusion The following exclusion is added to Para- graph 2., Exclusions of Section I -Cov- erages, Coverage A -Bodily Injury and Property Damage Liability and Para- graph 2., Exclusions of Section I -Cov- erages, Coverage B -Personal and Ad- vertising Injury Liabilit;y: Abuse or Molestation Exclusion This insurance does not apply to "bodily in- jury", "property damage" or "personal and advertising injury" arising out of a. The actual or threatened abuse or mo- lestation by anyone of any person; or b. The negligent (1) Employment (2) Investigation; (3) Supervision; (4) Reporting to the proper authorities, or failure to so report; or (5) Retention: of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above. 5. Bear, Crocodile, or Alligator Exclusion The following exclusion is added to Para- graph 2., Exclusions of Section I -Cov- erages, Coverage A -Bodily Injury and Property Damage Liabilit;y and Para- graph 2., Exclusions of section I -Cov- erages, Coverage B -Personal and Ad- vertising Injury Liability: Bear, Crocodile, or Alligator Exclusion This insurance does not apply to "bodily in- jury", "property damage" or "personal and advertising injury" arising out of your op- erations invoMng any bear, crocodile, or alligator. R3 GA 202 01 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 6. Addltlonal Definition -Exclusion Work SECTION V -DEFINITIONS is modified to include the following definitions: "Exclusion work~ means: (a) Prevention, elimination and control of access to land or buildings by insects or wildlife; or (b) The repairs of damage done by wildlife or insects. Exclusion work does not mean any opera- tion involving termites, chemical fumigation or chemical fogging except fogging specifi- cally designed to control odors. R3 GA 202 0115 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7