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13-013 Losee's Goose Control for Consultant Services for 2013/14 Canada Geese Management at Memorial Park
\ / OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 yc.�ss TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 � � WEBSITE: www.cupertino.org CUPERTINO March 4, 2013 Losee's Goose Control P.O. Box 34 San Lorenzo, CA 94580 An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, Brittany Carey Senior Office Assi ant City of Cupertino Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND LOSEE'S GOOSE CONTROL FOR CONSULTANT SERVICES FOR 2013/14 CANADA GEESE 1/ ) Y� MANAGEMENT AT MEMORIAL PARK D s2 O V THIS AGREEMENT, for reference dated January 15, 2013, is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and LOSEE'S GOOSE CONTROL, a LLC (California corporation,partnership, sole propn for,ri i dual)whos address is P.O. BOX 34, San Lorenzo, CA 94580(hereinafter referred to as "Consultant"), 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. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for goose management services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall be for one year with the option to extend an additional year pending satisfactory performance by the consultant. The Agreement will commence on April 1, 2013 and shall terminate on December 1, 2013 unless extended in writing by the City for an additional year. Lrextended,the Agreement shall terminate no later than December 1,,2014..An extension of the agreement must be provided in writing to the consultant a minimum of thirty (30)days prior to this Agreement lapsing. This Agreement may be terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in this document and the Advertisement for Request for Proposals(Exhibit "A") which is attached hereto and incorporated herein by this reference. ¶L 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in the Proposal Submission Sheet(Exhibit`B")dated December 31, 2012 which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City,to be taken from the general fund. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time i:s of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like 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 Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, 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 Consultant'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 Consultant, 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 Consultant. Payments of the above items, if required, are the responsibility of Consultant. 1. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable RCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 2. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant '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. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 3. HOLD HARMLESS: Consultant shall indemnify, defend, and hold harmless City, its City Council, boards, commissions, officials, employees, and volunteers ("Indemnitees") from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees ("Claims"), arising from or in any manner connected to Consultant 's negligent act or omission, whether alleged or actual, regarding performance of services or work conducted or performed pursuant to this Agreement. If Claims are filed against Indemnitees which allege negligence on behalf of the Consultant, Consultant shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence is not found on the part of Consultant. However, Consultant shall not be obligated to indemnify Indemnitees from Claims arising from the sole or active negligence or willful misconduct of Indemnitees. 4. INSURANCE: On or before the commencement of the terms of this Agreement, Consultant 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 the requirements in the accompanying insurance document. Such certificates, which do not limit Consultant'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 Consultant 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. 5. PROHIBITION AGAINST TRANSFERS: Consultant 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, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant 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 Consultant. 6. SUBCONTRACTOR APPROVAL: In the event that Consultant 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 Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.. 7. PERMITS AND LICENSES: Consultant, 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. 8. 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 Consultant to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Roger Lee All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Losee's Goose Control P.O. Box 34 San Lorenzo, CA 94580 9. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant 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 Consultant 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 Consultant 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 Consultant 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. 10. COMPLIANCES: Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 11. 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 direct 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: Consultant 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. 13. WAIVER: 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. 14. 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 of this Agreement will be effective only by written execution signed by both City and Consultant. 15. 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. 16. 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. (- (19-13 p?ler-o-vS-2 ?7e2 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and ye r-f e written. Consultant V' �f CITY OF CUPERTINO Losee's GooseCon of A Municipal Corporation By ►'2/2 1 4 By Title '• Title �,✓� - xt� Date I Ile 3 Date ,105 APPROVED AS TO FORM: B //.4_411.' AL &c i City Attorney / ATT ST: City Clerk /1-1 C f oLi.'1 + AL, 110 ACC _ DUI''( 96 4, I VIV13 0[:1C F3/ ADVERTISEMENT FOR REQUEST FOR PROPOSALS NOTICE: THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") hereby gives notice that it will accept proposals for the non-lethal management of Canada Geese at Memorial Park. 2013/14 GOOSE MANAGEMENT SERVICES—Memorial Park (21121 Stevens Creek Boulevard, Cupertino, CA 95014) 1. PROPOSALS SUBMISSION: Only proposal(s) received at the Public Works Service Center, 10555 Mary Avenue, Cupertino, California 95014, by Thursday, January 3, 2013 at 3:30 PM.. will be given consideration. All proposals must be submitted in an original form only, in a sealed envelope indicating the name of the proposal (2013/14 Goose Management Services), and must be labeled with the date and time of the proposal opening in the lower left corner. 2. CONTACT INFORMATION: Roger S. Lee, Asst. Director of Public Works Service Center, 10555 Mary Avenue Cupertino, CA 95014 (408) 777-3269 general (408) 777-3399 fax rogerl @cupertino.org 3. STATEMENT OF QUALIFICATIONS: Each proposal shall include a completed Statement of Qualifications form. Requested information includes locations and owner contact information for a minimum of three completed projects of similar scope, completed by the consultant within the last two years. Consultant shall have a minimum of two (2) years of successful experience providing the requested services at locations of similar size and use. Consultant shall have sufficient number of trained dog handlers with trained dogs available to perform the requested services. 4. DESCRIPTION OF THE WORK: The City is seeking non-lethal Canada Geese management services at Memorial Park through the use of trained handlers and trained Border Collies or other herding breeds. Memorial Park is a 28 acre park with a one acre pond. The park extends to behind the Quinlan Community Center and includes the softball ball field to the north. Services will be needed from approximately mid-May to mid-June and then from approximately mid-July through November with month-to-month services potentially needed in January to June. No services will occur during times of nesting, gosling maturing or molting. Minimum duration of services will be five (5) months, extending on a month-to- month basis to a maximum duration of eight (8) months. The agreement may be extended one year, pending satisfactory performance. Management services are to be in compliance with the recommendations of the Humane Society of the United States and GeesePeace. Consultant must provide a minimum of two (2) visits per day, five (5) days a week (Monday through Friday) for the first two (2) weeks of services, decreasing to one (1) visit per day, five (5) days a week (Monday through Friday) for the remaining term of the services. A reduction in the number of visits may be authorized by the City if prior services have been effective in reducing the number Canada Geese. Services are to be performed after 10:00 AM and completed by 6:00 PM with visits occurring at varying times during this period. Consultant is to exercise professional judgment while selecting times. Each visit is to be of sufficient duration so that all areas of the park (including ponds) are Canada Geese-free. The two playgrounds at the park are to be excluded from the area if children are present. 5. PROFESSIONAL STANDARD: At all times while conducting goose management services the trained dogs are to be under the control of a trained dog handler. Care must be taken so that park pedestrians and their leashed dogs are not negatively affected by consultant activities at any time. When trained dogs are not actively working, they are to be leashed or kenneled. Handlers and dogs are to wear appropriate clothing indicative of the service provided. Dogs shall not bark while working or touch or cause harm while herding geese. 6. PREVAILING WAGE LAWS: The successful Bidder is not required to comply with prevailing wage laws. 7. SITE WALK-THROUGH: Potential bidders are encouraged to visit Memorial Park at random times between 9:00 AM and 6:00 PM on weekdays and weekends to witness the amount and type of park users and existing visiting goose population. 8. AGREEMENT DOCUMENTS AND PROCUREMENT: Agreement documents include this two (2) page Advertisement for Request for Proposals, a one (1) page Statement of Qualifications, a one (1) page Proposal Submission Sheet, a five (5) page Agreement and a nine (9) page Document 00530 Insurance Forms. All agreement documents are included with the Advertisement for Request for Proposals. Only the selected consultant will be required to execute the Agreement and meet Document 00530 insurance requirements. Consultants may request to have the agreement documents mailed to them by calling(408)777-3269. 9. PROPOSAL PREPARATION COST: No compensation will be provided to reimburse for proposal preparation expenses. 10. RESERVATION OF RIGHTS: City specifically reserves the right, in its sole discretion, to reject any or all proposals, or re-bid, or to waive inconsequential deviations from Proposal requirements not involving time, price, or quality of the Work. 11. PORTION OF WORK PERFORMED BY THE CONSULTANT: The Consultant shall perform no less than 51% of the Work, excluding Specialty Items, with its own organization. AC z ti,i'ii /� Oy STATEMENT OF QUALIFICATIONS 2013/14 CANADA GEESE MANAGEMENT AT MEMORIAL PARK 1. Briefly summarize your experience in providing the services outlined in the attached request for proposals: LOsees Goose ftn-Frol has ,n pYvdi ( C cjoo- NYltro I . e X V i Ces .-f r e 12 ea► now 11J Si, pec1a112e . \ ha nelo 'aztn nuisance eese ikon )rdek C.o ��es . wQv IA)(rk iTh 0 I CCure colCi d,is- c . --mm V'th1� t t3 , CU t, rk-s, Ceae-I-eries , tua- er di s r'Icfs )ails, wlo�,cv is( nis and 1o1,1iness � _ k4Xes . M. lna,ve 5 trained _horde Co aces -mat we use dad1 . 2. List the names and addresses of three (3) firms, with telephone numbers and contact person, for which you have provided similar services: M1 -61 or Oana ,Park L.andSca ManaoCr at* of dim Maki) to b- 5 22--1423 ef1iaii . m b I on a i no p a till of San►he:t--eo- on 33rian -Ba @1e , saffercnl'e06er+ 'The Vi qa C tc' acid Cou.vr r CLub 1-}bg 22- -L}Iof:o erYco,1 .bba `eI @ vill Cs. Corn � 1 a n 9 -ertar De u n , Sa r nten,ien-t- valte Crest G�O1e e,ou,r e inai,n aV7C 1cso-'y-3- ©gs i Pxocal t ma) ic 1 cr st-, can Name of Bidder: e-S G ��E= Co-rro l /L� — 'R&--1" `a Lo ee Lose Address: 0 . X -34 ,Sari Lc.;rer 2 , CA 9L-(-5L) By: 1 i1S-t'(Si nature 'e -�-a e / OL1)rxer- Typed Name/Title 6f& ,7 g PROPOSAL SUBMISSION SHEET 2013/14 CANADA GEESE MANAGEMENT AT MEMORIAL PARK WSee of ‘ADr• GOCCre- ( it fr6 I (Print name) (Print comp ny name) located at �' G• PDX 134 Srth Lben "j op, c'j r-�t-)cj submit a proposal for the City of Cupertino of: ertino 2013/14 Goose Management Program in the amount o S n r r i l-c,M 1-1,0o t tnarec dollars. (Write out total base bid amount) Total Base Proposal Amount $ 7 , 2_S0 .00 (inclusive of all costs, two (2) visits per day for weeks 1 &2 and up to one (1) visit per day for remaining five month term) Additional Month(s) $ I .00/month (inclusive of all costs and up to one (1) visit per day for up to three (3) months) Note: The proposal may be extended for one additional year at the above prices. C. ' l Acknowledgement: Signed: $ Date: 12 3 II 2 (Authorized representativeatirl-rO))) Company: �SeQ S &Use Address: T,0, O( J`t' City: c()() LDYeYw State: Zip: 1 s_.to By submission of a proposal, the consultant: represents that he/she has the ability to comply with all requirements contained in the agreement documents. DOCUMENT 00530 2013/14 CANADA GEESE MANAGEMENT AT MEMORIAL PARK INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement- Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project- must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply, with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insurance on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability - commercial general liability:, Combined single limit of$1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate personal injury, independent contractors and products—completed operations hazard. Automobile Liability- comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles. occurrence. 1—osees Goose Cki %- L-OSee I Duneir By: l \1 (A) Q:: (Contractor's Name) Q - Dated: --1-6(10. 1 20 13 CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at tilis time. Insured: L 05 e &OOH (I,0vt¢✓ Address: 315" Di ry/4 wow 1 wr.�rc(v icA J or '15;211 Description of operations/locations/products insured(show contract name and/or number, if any): See act dak I -7F- Z0I3 WORKER'S COMPENSATION * Statutory Min. � �'�D� * Employer's � Liability (name of insurer) $ ,c00,000 $ 1 ,000,006 $ ,,000(006 Insurance Company's State License No. 1- 7-1:,(1 Check Policy Type: Each Occurrence $ 2/ 000, 000 COMPREHENSIVE GENERAL LIABILITY [ Premises/Operations General Aggregate $ 4, 000, ooc) (if applicable) [4 Owners & Contractors Protective Aggregate $ 4-, 000, von Contractual for Specific / \ Contract Personal Injury $ I NO/ DO a [')4, Products Liability [ XCU Hazards M Broad Form P.D. Fire Damage (any one fire) $ 300,096 [ Severability of Interest Clause [ J Personal Injury with Medical Expense $ / 000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ N (name of insurer) 7 3 Policy No. V SO- 0c49&.(-P-0/ Expiration Date ✓ g AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $ $ Tr, V e I � � Each Accident (name of insurer) $ or Combined Single Limit $ I , OOO WO Policy No. 7 'OC4 t6iiA Expiration Date 1 $ (-9 BUILDER'S RISK"ALL RISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in force at this time. N/A (Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance 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. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: e ~ Dated:�,Z 7Th 20 13 Attach Certificate of Insurance and Additional Ensured Endorsement on company forms. ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT 2013/14 CANADA GEESE MANAGEMENT AT MEMORIAL PARK In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s 1 shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: Th€_Tra v Pile r 2. Insurance Policy Number: OCLOPM 13/ OC (fq g St O A 3. Effective Date of this Endorsement: I 4' 'W) 20 4. Insured:L03 v v Off- All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10555 Mary Avenue; Cupertino, California 95014. I, Vri *v\ Cr l 2 2 I "L (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. (` Signature of Authorized Representative: L1-li1 � ALk� (Original signature required on all En orsements furnished to the City) Names of Agent/Agency:.fral,M A IOW rag, l Ci/f I/t C Title:L NVI.WII4 C Lt'kW avt, Address: I 055 I Telephone: 570 5N 7-7 00 11 i 0) 0147 0 cD Facsimile: SID 5 ? )-70 $ COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT 2013/14 CANADA GEESE MANAGEMENT AT MEMORIAL PARK In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as 4ee citron/ 25- G/afed /-2 -Z-a/3 POLICY INFORMATION 1. Insurance Company: -Trot v e i e f5 2. Insurance Policy Number: - OC 4q 810 r4 3. Effective Date of this Endorsement: 1 --2$ -7-0 20 4. Insured: OS ee 6-0o Se Cwt- D-1 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. n I, 'f I SM(t C/i c-4 ± (J2 e�Z (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: . _ / ♦V (Original signature required on all Ens ements furnished to the City) Names of Agent/Agency:-ITV, U/ Cp V v �G' I el C . Title: AL, d . ��. I L� kta , Address: I,D-. 5 a.R_ ou� o /-he I Telephone: S"10 Z8 0 p 5 2� A-11001 , °I 11'7 Na Facsimile: 57 D SZ?7 2- d S' WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE 2013/14 CANADA GEESE MANAGEMENT AT MEMORIAL PARK In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation agaiLnst the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting there-from, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: Tf Y,4P-TCO/e-b 2. Insurance Policy Number: 5 7 14/ I) V7 Sao 3. Effective Date of this Endorsement: l -- 27 - 0/.3 20 4. Insured: L osee 0'005 C All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, g/7s7e,1 C fi Cke (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: b4,e� P K, 614 ad- (Original signature required on all En.orsem.ents furnished to the ity) Names of Agent/Agency: Jt-/ va cL A.t/fa, /he. TitleI, ,7GULadi 4i, /Ltaat,Q�� Address: /035 So-pf % / Telephone: 5/0 • 578 2-700 Alhd ka ` G'/4 9q7 4 _ Facsimile: VU ' ' a2 70 3 DATE(MWDD/YYYY) A°L CERTIFICATE OF LIABILITY INSURANCE 1/28/2013 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 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 NAME:ACTKristen Cricket Deetz Lic#OF99189 FREEMAN -INS SERVICES INC PHONE (510)528-2700 FAx 1035 San Pablo Unit #1 (A/C.No.EXn: ) (aC,NO):(510)528-2708 EMAIL anthon freemaninscom an com Albany, CA 94706 ADDRESS:g Y@ P Y• INSURERS) AFFORDING COVERAGE NAIL# 0G11967 INSURER A:Travelers 36161 INSURED Losee Goose Control INSURER B:Hartford 13269 INSURER C: 315 Cherry Way INSURER 0: Hayward, CA 94541 INSURER E: 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. ILTR TYPE OF INSURANCE ADOL SUER POLICY EFF POLLICCY EXP LIMITS MM A/D POLICY NUMBER (MM/DD/YYW) (MM/DD/YYW) GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE 1 0 RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 AY Y 680-0C496442 7/8/2012 7/8/2013 PERSONAL BADVINJURY $ 2,000,000 — GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,00 0,000 TO POLICY n FEc LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANYAUTO_ _ _ BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA-0C49840A 7 8 /2012 7' 8 2013 BODILY INJURY(Per accident) $ _ - -- - A _ AUTOS % NON-OWNED Y Y PROPERTY DAMAGE X HIRED AUTOS X $ _AUTOS (Per accident) X UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 1,000,000 II=- CUP-000C4989 7/8/2012 7/8/2013 A EXCESS LIAB CLAIMS-MADE Y Y AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION -- WC STATU-. 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y'" 57WECDH4756 7/1/2012 7/1/2013 E.LEACHACCIDENT $ 1,000,000 B OFFICERIMEMBER EXCLUDED? N/A Y (Mandatory In NH) EL.DISEASE-EA EMPLOYEE$ 1,0 0 0,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 • DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) THE CITY OF CUPERTINO ("CITY") AND ITS DIRECTORS, OFFICERS, ENGINEERS, AGENTS AND EMPLOYEES, AND ALL PUBLIC AGENCIES FROM WHOM PERMITS WILL BE OBTAINED AND THEIR DIRECTORS, OFFICERS, ENGINEERS, AGENTS AND EMPLOYEES, AND THE STATE OF CALIFORNIA AND ITS OFFICERS, AGENTS, EMPLOYEES, ARE HEREBY DECLARED TO BE ADDITIONAL INSUREDS UNDER THE TERMS OF THIS POLICY, BUT ONLY WITH RESPECT TO THE OPERATIONS OF THE CONTRACTOR AT OR UPON ANY OF THE PREMISES OF THE CITY IN CONNECTION WITH THE CONTRACT WITH THE CITEY, OR ACTS OR OMISSIONS OF THE ADDITIONAL INSUREDS IN CONNECTION WITH, :3UT LIMITED TO ITS GENERAL SUIPERVISION OR INSPECTION OF SAID OPERATIONS. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ROGER LEE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10555 MARY AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. CUPERTINO, CA 95014 AU • IZEO.REPRESENT•TIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER:1-680-004966442-ACJ-12 ISSUE DATE: 12-10-12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) • • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Cupertino • Roger Lee 10555 Mary Avenue Cupertino, CA 95014 PROJECT/LOCATION OF COVERED OPERATIONS: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California and its officers, agents, employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts-or omissions of the-additional -insureds in connection with, but limited to its general supervision or inspection of said operations. 1. WHO IS AN INSURED-(Section II) is amended b) The 'insurance provided-to the additional in- - - .- -to.include_the.person or organization shown in the _ . sured does not apply to 'bodily injury", "prop- Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liability for"bodily injury", of the rendering of, or failure to render, any "property damage"or"personal injury"; and professional inal architectural, engineering or sur- • b) lf, and only to the extent that, the injury or veying including: damage is caused by acts or 'omissions of i. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw- of "your work" on or for the project, or at the ings, opinions, reports, surveys, field or- location, shown in the Schedule. The person ders or change orders, or the preparing, or organization does not qualify as an addi- approving, or failing to prepare or ap- tional insured with respect to the independent prove, drawings and specifications; and acts or omissions of such person or organiza- ii. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of Insurance of "property damage" caused by "your work" this Coverage Part shown in the Declarations and included in the "products-completed op- exceed the limits of liability required by a erations hazard" unless a "written contract "written contract requiring insurance" for that requiring insurance" specifically requires you additional insured, the insurance provided to to provide such coverage for that additional the additional insured shall be limited to the insured, and then the insurance provided to limits of liability required by that "written con- the additional insured applies only to such tract requiring insurance". This endorsement "bodily injury" or "property damage" that oc- shall not increase the limits of insurance de- curs before the end of the period of time for scribed in Section 111–Limits Of Insurance. which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 O 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is i. Immediately record the specifics of the earlier. claim or"suit"and the date received; and 3. The insurance provided to the additional insured ii. Notify us as soon as practicable. by this endorsement is excess over any valid and The additional insured must see to it that we collectible "other insurance", whether primary, receive written notice of the claim or"suit" as excess, contingent or on any other basis, that is soon as practicable. available to the additional insured for a loss we cover under this endorsement. However, if a c) The additional insured must immediately "written contract requiring insurance" for that ad- send us copies of all legal papers received in ditional insured specifically requires that this in- connection with the claim or"suit", cooperate surance apply on a primary basis or a primary with us in the investigation or settlement of and non-contributory basis, this insurance is pri- the claim or defense against the "suit", and mary to "other insurance" available to the addi- otherwise comply with all policy conditions. tional insured which covers that person or organi- d) The additional insured must tender the de- zation as a named insured for such loss, and we fense and indemnity of any claim or "suit" to will not share with that "other insurance". But the any provider of"other insurance"which would insurance provided to the additional insured by cover the additional insured for a loss we this endorsement still is excess over any valid cover under this endorsement. However,this and collectible "other insurance", whether pri- condition does not affect whether the insur- mary, excess, contingent or on any other basis, ance provided to the additional insured by that is available to the additional insured when this endorsement is primary to "other insur- that person or organization is an additional in- ance" available to the additional insured sured under such "other insurance". which covers that person or organization as a 4. As a condition of coverage provided to the named insured as described in paragraph 3. additional insured by this endorsement: above. a) The additional insured must give us written 5. The following definition is added to SECTION V. notice as soon as practicable of an "occur- -DEFINITIONS: _rence" or an offense which may result in_a "Written contract requiring insurance". means claim. To the extent possible, such notice that part of any written contract or agreement - should include: - - -_ - - - - --under which-you are required to include-a- --- i. How, when and where the "occurrence" person or organization as an additional in- or offense took place; sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- ii. The names and and witnesses;nadses; and addresses of any injured curs and the"personal injury" is caused by an offense committed: iii. The nature and location of any injury or a. After the signing and execution of the damage arising out of the"occurrence"or contract or agreement by you; offense. b) If a claim is made or"suit" is brought against b. While that part of the contract or the additional insured, the additional insured agreement is in effect; and must: c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05