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17-176 Proven Termite Solutions, Termite Abatement – Portal Recreation Building
Purchase Order No . 2018 -00000 272 CITY OF g PUBLIC WORKS CONTRACT OF $45,000 OR LESS WITH Proven Termite Solutions FOR Termite Abatement -Portal Recreation Building CUPERTINO 1. PARTIES This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Proven Termite Solutions a Corporation, pursuant to Public Contract Code Section 22032, for work on termite abatement at Portal Recreation Building. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials , equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Attachment A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments and any other documents and statutes incorporated by reference. If any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2. TIME FOR COMPLETION The Work required shall commence on TBD or on the date shown on a written Notice to Proceed ("NTP"). The City Engineer will not issue Contractor a written notice to proceed ("NTP") with the Work for the Project until the Contract is fully executed by both partie s and City has received all insurance documentation pursuant to Section 13 below and any bonds r equired for contracts of $25,000 or more, pursuant to Section 14 below. Contractor must fully complete the Work within 30 calendar days from the commencement date ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time. 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, City will pay Contractor a total not to exceed$ 1,746.00. Contractor must submit an invoice on the first day of each month during the for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. City will pay Contractor 95% of the undisputed amount(s) billed, within 30 days after City's receipt of each properly submitted invoice. Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete . Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens , or encumbrances upon payment to Contractor. 4. LIQUIDATED DAMAGES Liquidated damages in the amount of$ 100.00 will be charged each day of unexcused delay, or City may d educt said amount from payments. Liquidated damages are based on reasonably foreseeable consequences of delay, including actual costs incurred by City and intangible damages such as loss of or interference with use of public property or public inconvenience. Upon receiving prompt notice from Contractor of unanticipated events, City may ex cuse minor unavoidable delays but Contractor will not be entitled to additional compensation, subj ect to prov isions of Public Contract Code Section 7102 . Tennite Abatement -Po rtal Recreation Building Proven Tennite So lu tio ns Page I Public Works Contract -Und er $45 ,000/Rev. Oct 4, 20 17 Purchase Order No. 2018-00000272 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): not applicable. Contractor must obtain a City business license before beginning Work. Contractor is solely responsible for obtaining any required building permits or similar governmental authorizations for the Work, at Contractor's sole expense. 6. LABOR CODE COMPLIANCE Unless the Contract Price is $1,000 or less, this Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at Section 1720 , and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. Prevailing Wages. Contractor must pay prevailing wages applicable in Santa Clara County for each craft, classification or type of worker needed to perform the Work, including but not limited to employer payments for health, pension, vacation, apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor/subcontractor are required to make aggrieved workers whole and to pay City a penalty up to $ 200.00 per day or portion thereof, for each worker not paid prevailing wages. Working Day. Pursuant to Labor Code Section 1810, a legal day's work is eight hours of labor. Pursuant to Labor Code Section 1813 , Contractor will pay City a penalty of $25 for each day workers of Contractor or subcontractors are required or permitted to work more than eight hours a day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. The Work must be done during regular City working days/ hours unless otherwise specified in Attachment A or authorized in writing by City. Payroll Records. Contractor must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and DIR implementing regulations. Contractor and subcontractors must certify under penalty of perjury that the information in payroll records is true and correct, as required by Labor Code Sections 1771, 1811 and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner unless the Contract is exempt from DIR registration. Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5. DIR Monitoring, Enforcement, and Registration. This Contract is subject to compliance, monitoring and enforcement by the DIR pursuant to Labor Code Section 1725.5, unless exempted as indicated below. Contractor/subcontractors must be registered with the DIR to perform public works projects. (1) The registration requirements of Labor Code Section 1725.5 or for electronic submission of certified payroll records do not apply if the Contract is for: (a) construction, alteration, demolition, installation, or repair and under $25,000; or (b) maintenance and under $15,000. (2) "Maintenance" includes routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it has been designed , improved, constructed, altered or repaired, carpentry, electrical, plumbing, glazing, touchup painting, and other craft work designed to preserve the publicly owned or publicly Termite Abatement -Portal Recreation Building Proven Termite Solutions Page2 Public Works Contract -Under $45,000/Rev. Oct 4, 20 17 Purchase Order No. 2018-000002 72 operated facility in a safe, efficient and continuously usable condition for which it was intended , including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures , and landscape maintenance including mowing, watering, trimming, pruning, planting, re placeme nt of plants, and servicing of irrigation and sprinkler systems. Workers' Compensation Certification. Pursuant to Labor Code Section 1861 , by signing this Contract, Contractor certifies : "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." 7. AMENDMENTS AND CHANGE ORDERS All amendments or change orders must be in writing and duly authorized and executed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work and any adjustments in Contract Price or Contract Time. Each such request must be accompanied by all supporting documentation, including but not limited to plans/drawings, detailed cost estimates , and impacts on schedule and completion date. 8. STANDARDS AND COMPLIANCE Contractor will us e its best efforts to complete the Work in a professional and ex peditious manner a s required by this Contract and all permit requirements . Contractor's w orkmanship must meet or exceed industry standards and comply with applicable local , state, and federal laws , regulations , rules, and requirements. By executing this Contract Contractor warrants that all Work will be performed by qualified and experienced personnel, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that would create a conflict of interest. 9. INDEPENDENT CONTRACTOR Contractor is an independent contractor and is responsible for the Work and the means and methods by which it is performed. Contractor is not a City employee nor entitled to any employee benefits. 10. COMPLIANCE WITH LAWS Contractor must comply with all applicable local , state and federal laws, rules and regulations. Contractor will promptly advise City of any change in applicable laws or other conditions that may affect City's project or Contractor's ability to perform. In addition, Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors performing the Work, pursuant to the Immigration Reform and Control Act or similar federal or state rules and regulations governing employment of immigrants. Contractor must indemnify and hold City harmless from and against any loss , damage , liability, costs or expenses arising from Contractor's failure to comply with this section. 11 . NON-DISCRIMINATION Term ite Abatement -Portal Recreati on Buildin g Proven Termite So lutions Publi c Works Contract -Un der $45,000/Rev. Oct 4, 20 17 Page 3 Purchase Order No. 2018-000002 72 Discrimination against any person, prospective, or present employee of Contractor in connection with this Contract in violation of federal , state or local law is prohibited. There shall be no discrimination on the basis ofrace, religious creed, color, ancestry , national origin, ethnicity, handicap , disability, marital status, pregnancy, age, sex , gender, sexual orientation, or any other protected classification, including gender identity, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) Contractor, its employees and subcontractors, must comply with all anti-discrimination laws, including but not limited to civil rights laws, the California Fair Employment and Housing Act, Gov. Code Sec. 11135 , and Labor Code Sec. 1735 and 3077.5. Violations of this provision constitute a material breach. 12. INDEMNITY To the fullest extent allowed by law, Contractor must indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials , agents, employees, consultants and volunteers ("Indemnitees") from and against any and all liability, claims, stop notices, actions, causes of action, demands, losses, damages, and expenses (including legal expenses) whatsoever, including liability arising from injury or death of any person, or damage to property or other liability of any nature , arising out of, pertaining to , or related to the Work or performance of this Contract ("Liability"), including failure to comply with any obligations herein by Contractor or Contractor 's directors, officers, officials, employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the sole negligence or willful misconduct of an Indemnitees. Contractor 's failure or refusal to timely accept a t ender of defens e will b e deemed a material breach of the Contract. City will timely notify Contractor upon City 's receipt of any third-party claim relating to the Contract, as required by Public Contract Code Section 9201. No Indemnitee will be personally liable to Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers ' compensation laws or other employee benefit statutes, or by the insurance coverage or bond limits required under this Contract, and will survive the expiration or any early termination of the Contract. 13 . INSURANCE Contractor shall comply with all the insurance requirements in Attachment C -Insurance Requirements, attached and incorporated herein by reference. Contractor shall not commence any work or provide any Services until after all insurance requirements are met. Coverage must include the policy types and limits specified below, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor 's performance under the Contract. City will not ex ecute the Contract nor issue a NTP until Contractor has submitted satisfactory certificates of insurance and endorsements, evidencing the type , amount, class of operations covered, and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies acceptable to City and licensed to do business in the State of California, and each insurer must have an AM. Best's financial strength rating of "A" or better and a fmancial size rating of "VII" or better. If Contractor fails to provide or maintain any of the required insurance coverage, City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor 's ex pense, deduct co sts from payments to Contractor, or terminate the Contract for default. 14 . BONDS If the Contract Price is $25,000 or more, City will not ex ecute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work, each in the Te nnite A batement -Po rtal Recreati on B uil ding Prove n Termit e Solu tions Page 4 Publi c Works Contract -Under $45,000/Rev. Oct 4, 201 7 Purchase Order No. 2018-00000272 penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract under Attachment B , Bond Forms. Each bond must be issued by a surety admitted in California. 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 substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City's prior written consent. The terms and conditions of this Contract are binding on Contractor's heirs , successors, and assignees. 16. SUBCONTRACTORS Contractor may use qualified, competent subcontractors to perform up to 50 % of the Work, provided each subcontract expressly requires subcontractors to be bound by the provisions of this Contract, including but not limited to the indemnity and insurance requirements . It is Contractor's responsibility to ensure that Subcontract ors maintain the required insurance certificates , minimum co verage, additional insureds endorsem ents, indemnity, and w ai vers of subrogation. Contractor agrees to include these insurance requirements and indemnity provisions in any contract with a Subcontractor. Contractor shall require Subcontractors to provide valid certificates of insurance and endorsements prior to commencement of Work and shall provide proof of compliance to City. Subcontractors must agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents. Subcontractors must include these requirements in any contract with a Sub-subcontractor. A copy of this Agreement and its insurance provisions will be furnished to the Subcontractor upon request. City reserves the right to reject any subcontractor of any tier, and to bar a subcontractor from performing further Work on the Project, if City, acting in its sole discretion, determines that the subcontractor's performance or failure to perform does not meet the requirements of this Contract, or for any of the reasons set forth in Public Contract Code Section 4107. If City rejects a subcontractor pursuant to this section, Contractor must either self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City, at no additional cost to City. 17. UTILITIES, TRENCHING AND EXCAVATION A. Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging. For underground service alerts for City street lighting and traffic signal conduits, Contractor must also , before commencing any Work, call the City of Cupertino Service Center at (408) 777-3269. B. As required by Government Code Section 4215 , if, while performing the Work, Contractor discovers utilities or utility facilities not identified by City, Contractor must immediately provide written notice to City and to each known utility . C. As required by Government Code Section 7104, Contractor must promptly notify City in writing if Contractor finds any of the three conditions listed below, and wait for further direction from City Term ite A batement -Portal Recreatio n Building Prove n Termit e So lu tions Page 5 Publ ic Works Contract -Und er $45,000/Rev. Oct 4 , 201 7 Purchase Order No. 2 018-00000272 before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or more of the following three conditions is or are present and that the presenters of any such condition will cause a decrease or increase in Contractor's cost of or time required for performance of the Work, City will amend the Contract Time or Contract Price for the Work as required by law: (1) Material that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117 , that is required to be removed to a Class I, Class II , or Class III disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (3) 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. D. As required by Labor Code Section 6705 , if the Contract Price exceeds $25 ,000 and the Work includes excavation of any trench or trenches five feet or more in depth, a detailed plan must be submitted to City, or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions for worker protection from potential hazards of caving ground. If the plan varies from the shoring system standards, it must be prepared b y a registered ci vil or structural engineer. Use of a shoring, sloping , or protective system less effective than that required by the Construction Safety Orders is prohibited. 18. RECORDS AND DAILY REPORTS Contractor must maintain daily reports on the Work and submit them to City upon request and at completion of Project. Daily reports must describe: the Work performed that day; the number of workers and hours performing the Work; the equipment and hours of labor used for each task; a description of weather conditions; and any circumstances affecting the planned progress of the Work. All such reports are the exclusive property of City, but Contractor is permitted to retain copies for its records. Unless otherwise specified in Attachment A , Contractor must maintain and update a separate set of as- built drawings during performance of the Work, showing any changes to the Work Scope in Attachment A , or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work, including but not limited to , as applicable: mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs, including but not limited to piping, conduit, ductwork, and drain lines, must be shown by dimension and elevation. 19. CONFLICTS OF INTEREST Contractor warrants it does not have a conflict of interest in connection with this Contractor or the Work. Contractor shall comply with conflict of interest laws under Government Code section 1090 et seq., the Political Reform Act, Government Code section 81000 et seq., and all accompanying regulations. Contractor warrants that neither Contractor, subcontractor, nor their employees are employed by City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. If Contractor acts in a staff capacity or makes governmental Te rm ite A batement -Portal Recreation Building Proven Termite Soluti ons Page 6 P ubli c Works Contract -Unde r $45,000/Rev. Oct 4, 201 7 Purchase Order No. 2018 -00000272 decisions during the Contract Term, Contractor may be required to fill out a conflict of interest form pursuant to Title 2, Division 6, Section 18700 of the California Code of Regulations . 20. NOTICES All notices, demands , requests or approvals under this Contract must be given or made in writing and sent to the other party by personal delivery, U.S. Mail , a reliable overnight delivery service, facsimile , or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Ken Tanase Copy to: Jonathan Ferrante Email: kent@ cupertino.org 21 . URBAN RUNOFF MANAGEMENT Contractor: Proven Termite Solution Address: 662 Giguere Court, San Jose, California 95133 Attention: Jim Weed Copy to: __________ _ Email : ------------- All Work on the Project must full y comply with federal , state, local and C ity regulations concerning stormw ater management. Contractor must avoid creating ex ces s dust w hen breaking asphalt or concret e and during ex cavation 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 . Contractor will also develop and implement erosion and sediment controls to prevent pollution of storm drains. Contractor must implement these controls prior to the start of the Work, upgrade them due to weather conditions or as otherwise required by City, maintain them during construction or other Work phases to provide adequate protection, and remove them 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 offsite 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. F. The requirements stated above are intended to be us ed in conjunction with the California Tennite Abatement -Portal Recreation Building Prove n Term it e So lutions Page7 Publ ic Works Contract -Under $45 ,000/Rev. Oct 4, 201 7 Purchase Order No. 2018-00000272 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. 22 . EARLY TERMINATION City may terminate this Contract for convenience or for cause, upon written notice to Contractor. Contractor 's failure or refusal to perform the Work as required will be deemed a default. If not cured to City 's satisfaction within two days after delivery of written notice of default to Contractor, City may, in its sole discretion, elect to do one or more of the following: A. Terminate the Contract immediately, upon written notice to Contractor. B. Complete the Work using City's own forces and charge Contractor for all resulting costs and expenses, including City staff time. C. Retain another contractor to complete the Work and charge Contractor for costs and expenses. D. Require the performance bond surety to pay for completion of the Work. E . Pursue any other remedy availabl e to City at law or under this Contract. If City terminates the Contract, City will owe Contractor only for Work satisfactorily performed before Contract termination date . Nothing in Section 23 below is intended to delay, abridge or bar City 's right to terminate this Contract early pursuant to this section. 23 . DISPUTE RESOLUTION, LAW AND VENUE Contract disputes are subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., incorporated here by reference. Interpretation and enforcement of this Contract are governed by California law, and venue for any legal action shall be the Superior Court for the County of Santa Clara, California. Contract disputes are subject to the requirements of the California Government Claims Act. 24. ADVERTISEMENT Contractor may not post, exhibit, or display any advertising signage at the Project site without prior written approval from City. This section does not apply to signage intended or required for general safety while Work is in progress. 25. WAIVER City waiver of any breach of a contract provision or condition, or the acceptance of work or payment for said work, shall not constitute a waiver of any other breach of this Contract. 26 . WARRANTY Termite Abateme nt -Portal Recreati on Buildin g Proven Term ite So lutions Publ ic Works Contract -Un der $45 ,000/Rev. Oct 4, 201 7 Page 8 Purchase Order No . 2018-000002 72 Contractor guarantees the Work and materials used or provided for the Project for a period of one year, beginning upon City 's acceptance of the Work as complete ("Warranty Period"). During the Warranty Period, upon notice from City of any Work defects, Contractor must, at its sole ex pense, promptly repair or replace the defective Work or materials and any other Work or materials that are displaced or damaged during the warranty work , excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, attachments, and documents and statutes attached, referenced, or expressly incorporated herein, including any duly authorized and executed amendments or change orders, constitute the full and complete understanding of every kind or nature between City and Contractor with respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any term or provision of this Contract is determined by a court to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions shall remain in full force and effect. 28. SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26 (Warranty) ex pressly surviv e termination or expiration of the Contract. 29. INSERTED PROVISIONS E ach provision and clause mandated b y law will be deemed to be included in this Contract for purposes of interpretation and enforcement. If through mistake or otherwise any such provision was omitted or incorrectly inserted, the Contract will be deemed amended accordingly. The Parties will work in good faith to give meaning to the intent of this Contract. 30. CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect , limit or amplify the terms or provisions of the Contract. 31. AUTHORIZATION The persons signing below warrant they have the authority to enter into this Agreement and 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. IN WITNESS WHEREOF, the parties have caused this Contract to be executed. Tennite A batement -Portal Recreati on Building Prove n Tennite Soluti ons Page 9 Pu b li c Works Contract -Un de r $45,000/Rev. Oct 4 , 201 7 Purchase Ord e r No . 2018-00000272 CONTRACTOR Proven Termite Solutions, CITY OF CUPERTINO, By: ~Lk-+-"-W~p~~~~-'--- a Municipal Corponfti -ef / __ Title: /Jf /1/l//4f!=K_ --~------------ Date: 1 2 / I / I 1 ----~~--------- Title : Director of Public Works Date: -------------- APPROVED AS TO FORM: ATTEST: ~-,b0 iJ1 Randolph Hom By: Grace Schmi ~ ~ 'jJ Title: City Attorney Title : City Clerk City Attorney's Office Date : ------------ Ter mit e Abat ement -Port al Rec rea ti on Build ing Prove n Ter mi te Sol utions City of Cupertino Date: / cl.. -11 ~ / 7 P age I 0 Contract Amount: $1,746 .00 P.O . No . 2018-00000272 Account No. 100-87-835-700-702 Publi c Works Cont rac t -Un<le r $45 ,000/Rev. Oct 4 , 20 17 Attachment A -Scope of Work Contractor will perform the following Work for the Project, within the Contract Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this Contract: See attached Tennite Abatement -Portal Recreation Building Proven Tennite Solutions Public Works Contract -Under $45,000/Rev. Oct 4 , 2017 Page 11 EXH I B !T 11 A11 .. ~ f\~\'TERMITE SOLUTIONS Since 1989 South Bay (408) 929-1992 Penn insul a (65 0) 322-6013 East Bay (510) 538-0162 FAX(408)446-5185 www.proventermitesolut ions.com ESTIMATE AND WORK AUTHORIZATION OWNER/AGEN T Isaac Pre ciad o HOME PHONE 916-802-0331 BILLING ADDRESS ________________________ WORK PHONE DATE INSPECTED ______ _ SERVICE ADDRESS 10255 North Portal Avenue Cmu ert~4 "~ ~o~ STRUCTURE DESCRIPTION & AREAS GUARANTEED =,Co~~~At=!y~· B~u=ild=i=ng,._ ___________________ _ RECOMMENDED WORK A. Fumigate structure(s) with Vikane (Sulfuryl Fluoride) and Chloropicrin for the control of DRYWOOD TERMITES. ---------·-3 YEAR GUARANTEE B. Contro l SUBTERRANEAN TERMITES with a registered termitlclde by the following methods . Drill & treat soil below concrete at patios , porches , walkways, and garage at appropriate interva ls. Re fill holes with masonry. Trench/rod and treat soil at exterior foundations . Treat subarea soil at founda tion and pier pos ts (unless slab construction). C. D. PAYMENT TERMS 3 YEAR GUARANTEE 0 25% down payment of$ 546 .00 ; remaini ng ba lance of$ 1,200 .00 , due day of service . D Z D · CC# Exp. Date CW# __ _ 0 A minimum charge of $150.00 will be added to the total amount for prep work not completed upon arrival. 1 746 .00 N/A 0 Other 10% discount has already been applied to the total amoun t. TOTAL AMOUNT $ ____ 1~, 7_4_6_. o_o DRYWOOD TERMITE GUARANTEE Proven Termite Solutions under this agreement will provide service to contro l new infestations of DRYWOOD TERMITES in areas where live specimens are found for 3 YEARS from date of completion . This guarantee will inclu de fum igati on, if necessa ry, in the so le judgemen t of Proven Term ite Solutions . SUBTERRANEAN TERMITE GUARANTEE Pro ven Te rmite Solutions under th is ag reement will provide se rvi ce to con trol new Infestations of SUBTERRANEAN TERMITES in areas whe re live specimens are foun d for 3 YEARS from date of comp letion. Th is guarantee app li es to fu ll or comp lete treatments on ly. EXTENDED PROTECTION PLAN (PLEASE SEE REVERSE FOR DETAILS) The com pletion of items A ( optional) above will qu alify the stru cture fo r the Ex ten ded Pro tec tion Pian. Pro ven Termite Solutions he reby ag rees to ex tend the term of the above Guarantee(s) from year to yea r in co nside rati on of an ann ual exte nsion fee of$ 309 .00 per yea r. GENERAL Al l terms of this agreement between parties are contained in this Work Authorization Agreement, Occupant(s) Fumigation Notice, and any other Proven Tenn~e Solutions (PTS) documents related to this service. PTS at no time guarantees or is responsible for te rmite damage. Loca l treatment guarantees are for a period of ONE YEAR from the date of completion on the treated limbers or area treated only. All guarantees are null and void if th is contract is not paid in fu ll . In case of non-payment by the pu rchaser, reasonable attorney's fees and costs of collections shall be paid by the purchaser. in teres t at the maximum legal ra te may be charg ed on ail past due accounts . This estimate is valid fo r 60 DAYS , an d if not accepted, PTS reser ves the right to adjus t any prtces as necessary. Cu stomer acknowledges that PTS is performing a service and waives any cla ims fo r personal or property damages related to services performed . For specmc fum igation disclaimers refer to the OCCUPANT'S FUMIG ATION NOTICE fo rm . Soi l treatments for subterranean term ites re quire drilling thro ugh concrete. The custo mer waives any cla ims against PTS for da mage to plumbing pipes , gas lines and/or spri nkler systems during this serv ice. Sea reverse for detai ls. PTS does not invoice an d paym ent is due at the time of service. PTS is not responsible fo r inacessable areas and paym ent is due upon completion of accessible areas.This agreeme nt and your cancelled check or credit card bill may serve as receipt. IN SPECTOR Jim Weed __________ LI C # OPR9 158 mh DATE 9/7/2017 I have read the terms of this Estimate and IVork Authorization, Occupant Fumigation Notice and statements on th e re verse side, and having accepted a copy, hereby agree to all terms thereof. / d /_ There is a charge of $150.00 for jobs postponed or re-scheduled with less than 3 business days notice. , /, , / OWNER/AGENT _/..!-/ -~'Z· _ lf.,)I _ _ DATE .J.;!! 1..;.fl ___ _ SIGNATURE / 662 Giguere Court, Suite F • San Jose, California 95133-1742 ""··--,·· Termite Abatement -Portal Recreation Bui lding Proven Termite Solutions Page 12 Public Works Contract -Under $45,000/Rev. Oct 4 , 2017 EXH IBIT 'A' SOIL TREATMENT TERMS PREPARATIONS MUST BE DONE PRIOR TO SERVICE CREW'S ARRIVAL R:1ke !Jake ALL rock. ·Nood ct11ps or other decorative g.-mmd cover to bare d1rt at least 1 foot from the founc.fnt1on. fr1111 ALL sliru!Js or qrounlJ foliage iW<l watHr ALL the soil at least 1 tooi from ll1e foundation ht1ovc ALL stored ilems away !rem the common qarngc waJts and lho extenor walls at least 3 feet. 1 dy f"iacl< carpPi :,,. h:!tnUl/f:> flOOI <:ove1 mg Jl onn the walls a~ nP.fcJed whore mtano· nnll1119 I!; 1ecorn111en(lecl. 1;,.~atc acC.t.·~:,; l;> '.'-.LIil dfl~H'->. s lPepc->1 ftnur sp-!Ct~S. trnsemPnls. etG. for trc~Hrnent. CAUTION: READ THE FOLLOWING CAREFULLY PRIOR TO THE SOIL TREATMENT lna;;c.~-.:.~11:ln c1r0:1s :,u;n as. 9arages, sleepm· floo,s, !'.laiJ foundations, any rnP(t 1naccess1ble due to f-rnshecJ <;,mslruc:llon . e=-lc :ire fl d propeny ovmer s respons1b1ltty lo maKe at.cess1ble ,A.l.mormahues in conslruct1011 may 11.:.>l allm·J lor co111plr~1E s1;l)temmean wrrnue ~ontrol. II 1s n·,e property owners responsibility to mnkc tllese areas accessible tor inspect/On and treatment 1f necessaiy. Upon ar.ces- s11J1h1y. Pa.wen Termite Solutions w:11 treat these areas al no add1t1onal charge wl1ile the subterranean tenrnte guarantee is active Soil treatments rcqu•re cJrilhng rnto 1!1e concrete. It 15 possible to d1ill m10 plumhtnq pipes. sprinhle, sytitf.!ms, in floor· llealmg. gas IH11:*i. P.lc. 1.nemforc. P rs 1s not responsible for these damages and 1l 1s the proper1y owners responsibtll l y lo cont..ict an appropnate trndespers<x, : o oert Or'nl rnpa1r1 GENERAL INFORMATION PESTICIDE DISCLOSURE ''C,11tfnm1c1 S1.,tt: Law ,equirP.s. that you be g,ven lt10 followmo infonm1t1on: CAUTION-PESTICIDES ARE TOX IC CHEMICALS. St.-ucturai past co111rol comparnP..s are reg1stert'd & rngt,lated by the Sttucf:.m11 Pesl Conlrol Bowel t1ncl apply peshcictei;, Y'lt11ch me regisle,ed c11lU Jppro\,od /or t1se by tile Cahlorn;a Departmenl of Pesticide Regul.1tron and the United Stales Environmenlai Protection Agenr:y. Heg1s- tr ~111nr: 1s qr,1nlecl when thl-' stale fi nds that hr1scd nn PX'i~~l1ny sciPnl1f1c P-v1dencP iht:-ire are no appmr;1a lJle nsk~ 1i propPr u~P l.nnclll1ons :lfe 1ollowecl or !hat the nsl<s are outwe1qhod l)y the hei.eftts. 1 he degren of nsK depends on !he degref? of Pxposure. so e>;pusure shoulcJ oe ;rn111m,zc:d." If within 24 hours folfov:1119 app!lcation, you expe-nence any symptoms lilat are s1111Jlat lo a common seasonal illness ;;1mc.E,, al,le lo H1P flu. conrncl your pliys,cian o,-poison control center ancl your pcsl control oper:Jior 11nme<lmtely. ADDITIONAL FUMIGATION DISCLOSURE INFORMATION: The warning agenl. CHLOROPICRIN. can cause s1•mptoms of tearing respirato,} o,slr<1ss and vom1l1ny. ENTRY INTO T HE SPACE DURING FUM IGAT ION CAN BE FATAL. FOR FURTHER INFORMATION CONTACT ANY OF THE FOLLOWING: Poison Control Health Department Agriculture Departmen t /;cinta Cla1;:, County 800-816·•1766 -108-918-3,100 408-918-4600 SPCB Ala1ned:. County 800 876 4i'66 ',10-267-8000 510-670-5232 800-737-8188 San Mateo Covnty 800-876-4 766 650-573-?3'<6 650-363-•1700 PTS c.;,111!;-t Crtir Crnu;fy 800-876.<1766 831·45cl-1000 831 763-8080 408-929-199? ANY PESTICIDES PTS PROPOSES TO APPLY AT THIS PROPERTY IS LISTED IN YOUR TERMITE REPORT. MECHANICS LIEN NOTICE Under tnv Cahlonua Mechanics Lien Law any Structural Pest Control Company w hicfl contracts to do work fo,-you: coniractors, laborer~. supphcrs or person who 11efps to improve your proper ty but 1s riot paid tor thetr work oi-supplies. l,as a right iO enforce c: cla:m agaans: your property. flus m~ans afte, a couil heanng, your property could oe sold by a court officer and lhe proceeds ol the sale us~d to sai1sfy your i11debledness. This can happen even H you paid your Structural Pesl Control Compa11y ,n fLJIJ and tile sullcontractor. labow, 01 suppher remains unpaid. To preserve ll1e1r right to hie a claini u hen .ag,1msl your properly. certmn clatrnanls such as sobcommcto16 or 1rntter,al suppilers are required to provide you with a documer1t cnlil!f .. -d '·Preh,11111c11y Notice .. EXTENDED PROTECTION PLAN TERMS n1e EXTENDED PROTECTION PLAN 1s one lfl which Proven Termi te S0lul1o11s provides over a specified period of t11ne 1rvsp~:-ct1oris ,,nd trentments if necessa1y to control wood destroying pests and organisms Ti1e angina! guarar1lee expires THREE YEARS fto,n the orig111al date of complelion unless 11 15 renewed by the customer The ~uar~ntGl3 may be renewed year ro year for tho life ol t!1e properly. The annual renewal amount ma}· be increased every third yen, no1 to OhCeed iO'}t per increase. The guarantee may be cancelled by either pany. lhe structures and pests !hat qua:1fy ur1cJer 1f11s agrewnpnt .:md thr~ [!llnual renev1al amount are hstect on i!le reverse side 01 this document. Pro'.len Termite Soiutrons v;ilJ not Ile rn~µons1ble for any properly or lermHe Ciama~Je past. present .nndior future under this agreement. Ila.• 111spet.:hon is ONE TIME every THREE YEARS exeept al 1t1e custon1e1·s request 1n lhe u1tefi1T1 wt1rch will bP. ,1 l1mite<J mspecison. Reference will be made to lhis aw&crnent and the ong11ml ternutc report enct1 111spcction. J Coinmon wood destro}'l:19 pests and orga111~1111s !hilt nre likely lo leflCJ to infestat:on and/or mlt~ction in our service a,ea cue SUBTERRANEAN, DRYWOOD AND DAMPWOOD TERM ITES, ce1!a111 lypes or \'/OOd 1n1est1n9 BEETLES, CARPENTER ANTS .111d wood destroy111g FUNGI. Proven Tonnlle Solufloos offers an extended protcc11on plan lor SUBTERRANEAN U1){1 DRYWOOD TERMITES onJy ~nrJ is specd,ed rn lil~ revn::-1.:: s,u~ c1 1hrs docuninnl. Hc·tn;.!alrnents lor drvwood termites may inClude wooc11111ect1on and/or microwave system lreatrnenl methods. f!l,s agrernno,1l ··muld 1ncludH ium1gat10:l 1n cases ',\·here con!rol cannot btJ attr11ned by local treatment methods Re-lreatmenis for subterranean tr>nrntes would include sod in1ecl1on treatment mcH1ods . Ra·lreatmenls \.\•Ill be performed 'Nrtllm SIX MONTHS or discovery 11 r1ess otherw,se agreed to Hl \•mting oncJ lhai nil pnyrncnts are Cllrrent. Tennite Abatement -Portal Recreation Building Proven Tennite So lutions Page 13 Pub lic Works Contract -Und er $45 ,000/Rev. Oct 4, 20 17 EXHIBIT 'A' ~f~ ~\\"TERMITE SOLUT I ONS OCCUPANT'S FUM IGATION NOTICE & PESTICIDE DISCLOSURE (408) 929-1992 (650) 32 2-6013 (51 0) 53 8-016 2 FAX : (408) 446-5 18 5 www .p roventerm ites ol ut io ns .com Since 1989 Add,..., OI PrQP0<1y to be Fumigote<I· TypoolSlrucillre · .JMuftifamijy 10255 North Portal Avenue Cupertino. CA 95014 i6 S«1g19 Family :,0111er --Owner / Aoent: Emergency Phonl: Fumlg>:r, 10 Con!1ol {typo OI pesQ: ,!'.J DRYWOOD TERMITES .:i WOOD BORING BEETLES Occupant Emergency Phone: Funliganl Propo91 Ul be Uted ~-(Ac8ve tnorec11,111 • SUl!or,I Fwrkle) -------Scheduled FtrnigatiOn O'dlas; I Schedule<! 11<-EnUy Dalo: Data Ch3ogos / Allernalive Dole: llrilials By 5pm n 1PORTA.'ff-REA D CAREFUL L Y CIILOROP IC RIN W ILL BE USE D AS A "WAR NI NG AGENT" AS R EQ UIRED BY LAW. T HIS BU ILDING W ILL BE FUM IGATED W ITH LE THAL GASES O N T HE DATE(S) INDICA T ED AB O VE. ALL PERSONS AND ANIMALS MUST VACATE T HE PREMISES O N OR BEFO RE ARRIVAL OF THF. FUME CREW. UNDE R NO CIRCU.\ISTA:IICF.S CAN ANY O NE ENTER TH E BUii.Di NG UNTIL THE FUMIGATION C0~1PANY'S NOTICE IS PO STED GIVING T HE TIME AN D DATE FOR SAFE RE-EN T RY. ArC' you awa re of nny condult:t . pipes. common drah1s1 air duel's, ce ntral vac uum systems. or any olbcr conslrucllon clcmcnls that ,,ould allow pn ssagc of A fumigant from th e structure lo be fu migated to any ot her adjacenc or adj oi ning s1ructurl''! Yts O No tJ £..plain ___________________________________________ _ PESTICIDE DISCLOSURE "Co lilornia Stal e l.owrequir<s !lmt you he give u thc following inforn tntion: CAI/TION-PESTICID ESARE T O XIC C HE M I C AI.S Strueturnl Pest Conlrol Opcnuors nrc li ccnsl!d & regulail!d by 1he California S1ruct11nd Pcsl C:onrrol Bonrd and apply pesti ci des \\hich arc registered and appro,..·1.!d for us\! b) th e C11 1iforniu Dcpurtm~III of Pcs11cidc Rcgulntion and the Unih.:J Sun~s Fnviromncntal Prt.11ect1011 Agency. R~gis1ratio11 1s grnmcd wh en th e st:111.· fiml"i 1h;11 bu sed on sc ientific i:vidence, lht:'re arc no appreciable ris ks \\Cighcd by the hcm.:fi 1s The c.l cgri:c ornsl.. cJcpe11ds on lhc dcpr~c of~:\.1>usurc. so exposu re shou ld he minim iud." lfwi1hi11 24 hours you cxpcnc11te di zzine ss, heudache, 11 ausca, reduced owun:nc.ss . slowrd mowmcnt, garbled spl'cch or d,llicull)· 111 hrc:11hmg. lcu\'c 1h\! stm clllrc 11nmc<lm1cl) and se ek medic;1I attention by ..:ontactmg your phys ician or Poison Contro l Ce nt er (Phone Number Bdow) mid 1101il~· PrO\,·cn Tcrn1itc Solutions The wuming. agent. ch loropi..:1·in, con CntL'ie symptoms oftcnring. rcspirn10~ dist res s and vomitmg. Snntn Clara Countr Al a meda County Sa n .\'Iatco County Santa Cruz County Eurry lntu th• spncr during fum igation con be fain/ FOR FURTHER INFORMATION CONTACT ANY OF THE FOLLOWJ:>IG: Poison Control 800-876-476(, 800-876-4766 800-8 76-1766 800-87t,-4 766 Healt h Deparrmcnt 408-9 18-3400 510-267-8000 650-573-2346 83 1-45-1-4000 Agriculture Drpartment 408-91 8-4 600 5 10-670-5232 650-363-1700 831 -763-ROBO Strucural Pest Contro l Board 200S Evergree n SI. Ste. 1500 Sm:rn mcnto. CA 95815 800, 737-8188 CAU TI0:-1: READ THE FOLLOWING CAREFULLY PRIOR TO SIGNING TH IS DOCUMENT Th e custom er agri.'cs hy signing thi s doc umenl 1hat Pro\'en Tenn ile So lut ions (PTS) is perfon ning a serv ice and waives any cla ims for property damages re lated to 1hi s sc rYicc . Due to the nn tu rt o f fumigru ion and wenthcr cond iti ons. damages may be unavoidable and customer agrees PTS will nol Ix Mid linblt: for damab?C lo or lossrs due 10: roofs. chimn eys. sky li gh 1s. so lar systems. gultcrs (incl ud in g by 1hc use o r ladders ). patio covers. or any uthc1 at111chmcn1s. fences. anh:nnac. sa tell it e dis.hes. wea ther vanes. chimney stacks or pn int (including by th e use of mask ing tape). plan ts. trnmph:d plants. planl s in vots . sprink lers, 1imcd SJ>ri nkh:r systems or timed ligh tin g sys1cms . cmlomcrs' failure 10 perform prcpam li ons (i.e. foncc.s, plonls, a11 tcnnodsatclli 1e dishes, food remo va l. etc .) or the rep lacement oflh,;sc items atlcr the fum igation. Refer to t h Owner/Occ up ant Vikan ~ Fum igntio n Pl'cpnratlo n Shec 1. l!ablcs ordcctricul wiring, g-ts or wa rer pipt!S and mch:rs ur liability due 10 faulty wiring or g:as melers . vandnlism, then or olher acts oru U1 ird party. Some windo ws may rC'main opC'n d uring the fumigo 1ion . tampering with locks. key ways. b,micadcd i:nrryways or lock smith expenses or delays due lo nu acc ess. incidt:ntal or consequenli al cos 1s Jue to de lays. re..;;chcdu ling or dnmagcs for PG&E's se rvi ce scht:dulc, inclement wca1hcr, lc,d:ed areas or fai lurl! 10 pcrfonn preparations . The cusio mcr ngrccs th at rh al PTS is 1101 liable and hu s no control over de lays or r""~hcduling due 10 PG&E' s sched ul e or service. inclem ent ,,c:Hhcr (rain. hi gh winds. frigid tcmpc-mtures. etc .) or other factors beyond our con trol. PTS will do cvcry1 hin g pos..liihlc to reschedule lh~ serv ice for 1hc fol lowing day, but due 10 schctl ulc f"C'Stri..:ti ons . it mtiy lake sc\eru l days to resc hcdu l~. Th~ custorrk!r acknowlt:<lgt:, respons ibility 11ml agn:c.:~ lo p1.1y II mi ni mum or S I 50.00 and $150.00/hou r uflcr th e fin.t hour fo r pr""-parntions nul co111ple1cd by the day of th e fumib,ra tion . For details regarding th e preparntions. refer 10 th e Ow nt'r/Occ up nnt Vf kane FumigalJ on Preporn fi on Sheet i.lH<lior con tac t yo ur PTS ins 1>cc tor . All work sha ll be pcrfonncd in a wor"1mmsh ip-like manner and in nccordan cc wi1h ull ap pli cab le codes. By .sig ning below I nckn<l\\ led ge rece ipt o f th~ FRO NT AN D BAC K or th i!!o document and agree to !he tcnns se 1 forth us well as u lb.t th at inl'lndl!s inslruclion s for th i! nccessnry fumiga tion prepara tions, procedures 1hr ,·nca lin g and re-enteri ng the stm ciure and the followin g doc umenl 'i: Work Au1horizut ion Agrcl'mcnt, Vikanc Fuc 1 Shce l and ---------------------------- PTS Reprcscntutiv~ Signa um: _________________________ Datl! _________ _ Keys 10 ht> provided a nd rel urned to (indicate, location of keys) ------------------------- Termite Abatement -Portal Recreati on Building Proven Termit e Solution s Page 14 Public Works Contract -Under $45,000/Rev. Ocl 4, 201 7 EXHIBIT 'A' PTS RELEASE OF LIABILITY FOR ROOF DAMAGES I agree by signing the reverse side of this document that I (we) have been specifically informed by Proven Termite Solution s Iha! clue to the frnqile nature of tile. metal m· ott1er delicate type roofs . SOME DAMAGE may be unr1voidr1ble during the fumigation process. PTS employees nre professionals and perform fumigations on lhese types of roofs daily. PTS will take the utmosl care when placing and removing tt1e tarpaulin during the fumigation and according to industry standards , however. damage lo the root is likely. With full knowledge thereof, I (we) hold harmless Proven Termite Solutions for the entire risk of damages during and after tile course or tl1e fumigation at this structure. PTS recommends a licensed rooter inspects your root after the fumigation process. PTS FUMIGATION POSTPONEMENT/CANCELLATION POLICY I agree by signing the reverse side of tl1is document that I am responsible for a $150.00 charge for fumigations postponed or cance ll ecl with less than THREE BUSINESS DAYS notification. The fee will be invoiced and billed or may be deductecl from the deposit already pa id PTS FUMIGATION PREPARATION POLICY I agree liy signing the reverse side of this document thc1t I am responsible for a $150.00 minimum charge for preparations not comp leted lly t11e day of fumigation. I release PTS of liability for damages due to not performing the preparations and/or t11e fumigation being reschedu led. The fee will be invoiced and billed or may be deducted from the deposit already paid. NEIGHBOR'S PERMISSION RELEASE I. !lie undersigned, hereby give my permission to Proven Termite Solutions to enter and perfor111 work in my yard for the purposes of perfor111ing a fumigation on tile property located on the front of this document. I understand that til e worl< is to be done on or about _____________ _ I agree to perform the special instructions listed llelow. PREPARATIONS REQUIRED: v _____ _ ·----------------------------------- i also understand that my perrrnssion is subject to Proven Tei mite Solutions employees complying wit11 my instructions li sted below. --------·----------- Signed: Slreet Address :. _______________________________ _ Termite Abatement -Portal Recreation Building Proven Termite Solutions Page 15 Public Works Contract -Under $45,000/Rev. Oct 4, 2017 EXHIBIT 'A' OCCUPANTS FUMIGATION NOTICE AND PESTICIDE DISCLOSURE JOB ADDRESS: 10255 North Portal Avenue CITY:_C_u..,_p_e_rt_in_o __________ _ {)(j Single Famil y Dwelling [ J Multi Family Dwelling Owner/Agent: Tel. No. Emergency No. Occupant: Tel. No. Pri me Contractor: Proven Termite Solutions Fumigation Contractor First Cl ass Fumigation Target Pest(s): [xj Drywood Termites Emergency No . Emergency No. Emergency No. [ J Powderpost Beetles { J Other _______ _ 800-273-7667 408-770-4950 [ J Other [s) ____ _ Fumigants proposed to be used: [ J Methyl Bromide [,c] Sulfuryl Fluoride -Vikane [ J Other ____ _ Are you aware of any conduits, pipes, common dra ins, air ducts, centra l vacuum systems or any other construction elements that would be all ow the passage of fumigant from the structure to be fumigated to any other adjacent or adjoining structure? YES ( } NO (,d CHLOROPICR IN WILL BE USED AS WARNING AGENT WITH EITHER FUMIGANT Date Changes/Alternative date:------- Dates of fumigation: Initials _____ _ IMPORTANT-READ CAREF U LLY THIS BUILDING WILL BE FUMIGATED WITH LETHAL GASES ON THE DATE(S) INDICATED ABOVE . ALL PERSONS AND ANIMALS MUST VACATE THE PREMISES ON OR BEFORE ARRIVAL OF THE FUMIGATION CREW . UNDER NO CIRCUMSTANCES CAN ANYONE ENTER THE BUILDING UNTIL THE FUMIGATION COMPANY'S NOTICE IS POSTED GIVING THE TIME AND DATE FOR SAFE RE -ENTRY. "State law requires that you be given the following information: CAUTION-PESTICIDES ARE TOXIC CHEMICALS. Structural pest control companies are registered and regul ated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the California Department of Pesticide Regu lation and the United States Environmental Protection Agency. Registration is granted when the State finds that based on existing scientific evidence there are no appreciable risks If proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized ." If within 24 hours you experience symptoms of dizziness, headache, nausea, reduced awareness, slowed movement, garbled speech or difficulty in breathing, leave the structure immediately and seek medical attention by contacting your physician or Polson Control Center (number below} and notify your pest control company . The warning agent chloropicrln can cause symptoms of tearing, respiratory distress and vomiting. Entry into the space during fumigation can be fatal. For further information, contact any of the following: Your pest control company; for Health Questions -the County Health Department (number below); for Application Information -the County Agricultural Commissioner {number below) and for Regu latory Information -the Structural Pest control Board, 800-737-8188, 2005 Evergreen St., Suite 1500, Sacramento, CA 95815. FOR HEAL TH QUESTIONS : COUNTY HEALTH DEPARTMENT PHONE:# Alameda: 510-267-8000 Contra Costa: 925-957-5400 Monterey: 831-755-4500 Santa Clara: 408-918-3400 Santa Cruz : 831-454-2021 San Mateo: 650-372-6200 San Benito: 831·636-4035 COUNTY AGRICULTURAL COMM ISSIONER PHONE# Alameda: 510-670-5232 Contra Costa : 925-646-5250 Monterey: 631 -759-7325 Santa Clara: 408-918-4600 Santa Cruz: 831-763-8080 San Mateo: 650-363-4700 San Benito : 831-637-53411 San Francisco: 415-252-3800 San Francisco: 415-252-3862 San Joaquin: 209-953-6000 San Joaquin: 209-953,6022 Solano: 707-784-8600 Solano: 707-784-13 10 POISON CONTROL CENTER PHONE# 800-876-4766 STRUCTURAL PEST CONTROL 80ARD PHONE: 800-737-8188 (This section may be modified to include the information of geograph ical area served by the licensee.) I hereby acknowledge receipt of a copy this receipt of a copy of this document as well as a list that includes the instructions for the necessa ry preparations for the fumigation, procedures for leaving the structure, and the following documents . (Fact Sheet & Owners Checklist Prior to Fumigation. We suggest that you notify nearby neighbors of the date of fumigation and to keep pets away durin g the fumigation. Close off any open access to the subarea to prevent pets from entering. JI / • Owners/Agent (signature): /, ~';?fttd:!' Date: ffa 'f ij 7 Occupants(s) (signature) Tennite Abatement -Portal Recreation Building Proven Tennite Solutions I ' I Date: _________ _ END OF ATTACHMENT A Public Works Contract -Under $45,000/Rev. Oct 4, 2017 Page 16 ATTACHMENT C -INSURANCE REQUIREMENTS A. Required Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Attachment A: (1) Commercial General Liability ("CGL ") Insurance: The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or its subcontractor's acts or omissions in the performance of the Work, including contractor's protected coverage, blanket contractual, completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4 ,000,000 in the aggregate. The CGL policy must protect against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract. a. It will 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 will be made available to the Additional Insured and will be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy, whichever is greater. b. The Additional Insured coverage under the Contractor's policy will be "primary and non- contributory" and will not seek contribution from the City's insurance or self-insurance and will be at least as broad as CG 20 01 04 12 . c. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance will contain or be endorsed to contain a provision that such coverage will also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City's own insurance or self- insurance will be called upon to protect it as a named insured. Contractor will maintain insurance as required by this contract to the fullest amount allowed by law and will maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the contractor. (2) Comprehensive Automobile Liability Insurance: The automobile liability policy must be issued on an occurrence basis, with limits ofat least $1 ,000,000 per occurrence for bodily injury and $1 ,000,000 per occurrence for property damage, or combined single limit of$1 ,000 ,000 per occurrence, covering owned, non-owned and hired automobiles. (3) Workers' Compensation Insurance and Employer 's Liability Insurance : The workers ' compensation and employer's liability policy or policies must comply with the requirements of the California Workers' Compensation Insurance and Safety Act, providing coverage of at least $1 ,000,000 or as otherwise required by the statute . If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. Te nnite Abatem ent -Portal Rec reatio n Buildin g Prove n Termit e So lution s Page 17 Publ ic Works Contract -Under $45,000/Rev . Oct 4, 201 7 B. Builder's Risk Insurance. Contractor must provide builder's risk insurance only if the box below is checked. D Builder's Risk coverage is required for this Contact. The builder's risk policy must be issued for course of construction on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, and name the City as a loss payee as its interest may appear. If the Project does not involve new or major reconstruction, the City may elect, acting in its sole discretion, to accept an installation floater policy instead of builder's risk. The installation floater policy must 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. C. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section, except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. D. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies 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. E. 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. F. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk or installation floater policy, if required, must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. G. Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy, using a form and format acceptable to City. Termite Abatement -Portal Recreation Building Proven Termite Solutions Page 18 Public Works Contract -Under $45 ,000/Rev. Oct 4, 2017 H. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project, including those requirements related to the naming of additional insureds and waivers of subrogation. Tennite A batement -Portal Recreati on Buildin g Prove n Te nnite So luti ons END OF ATTACHMENT C Publi c Wo rks Contrac t -Und er $45 ,000/Rev. Oct 4, 201 7 Page 19 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/11/2017 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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Adobe Insurance Brokers, LLC ~~:I~cT Tammy Goyette r.~~NN~ c~,. 855-236-2346 I FAX 356 Digital Dr. IA/C Nol : 408-465-011 0 it'Di~ss: tammy@adobebrokers.com Morgan Hill CA 95037 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Gemini Insurance Co. 10833 INSURED Proven Termite Solutions INSURER B : Nationwide Mutual Insurance Co. 23787 Weed Enterprises, Inc. INSURER c : Granite State Insurance Co. 23809 662 GIGUERE CT UNIT F INSURER D: Platte River Ins. Co. 18619 SAN JOSE CA 95133 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20171016143535496 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 MA Y 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 ADD LSUBR POLICY EFF POLICY EXP LTA TYPE OF INSURANCE ,.,.,n wvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ~ D CL AIMS -MADE 0 OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence\ $ 100,000 A -MED EXP (Any one person) $ 5 ,000 y y LGL0003550 02 07/14/2 017 07/14/2018 PERSONAL & ADV INJU RY $ 2 ,000 ,000 - GEN 'L AGGREGATE LIMIT APPLIES PER : GEN ERA L AG GREGATE $ 4,000,000 ~ D PRO-O we 4,000,000 POLICY JECT PROD UCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COM BINED SINGLE LIMIT $ 1,000 ,000 /Ea accident\ - X ANY AUTO BODILY INJURY (P er person) $ -OWNED -SCHEDULED B AUTOS ON LY AUTOS BODILY INJ URY (Per acciden t) $ X HIRED X NON-OWNED y y ACP7864 789899 12/09/2017 12/09 /201 B PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONL Y /P er accidentl $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESSLIAB CLAIMS-MA DE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS" LIABILITY X STATUTE ER Y I N C ANYPROPRIETOR/PARTNER /EXECUTIVE D E.L. EACH AC CIDENT $ 1,000,000 OFFICER/MEMBER EXC LUDED ? N /A N WC 019-39-7306 01/30/2017 01/30/2 018 (Mandatory In NH) E.L. DISEASE -EA EMPLO YE E $ 1,000,000 ~~sttrt·W~~ oloPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 8 Auto Physical Damage N N ACP7864 789899 12/09/2017 12/09/201 B $1,000 Comp. & Coll Ded. D Bond N N 41132821 06/23/2017 06/23/201 B $12,500 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Addltlonal Remarks Schedule, may be attached If more space Is required) City of Cupertino, including its City Council, boards and commissions, officers, officials, agents , employees, consultants and volunteers are named additional insured per attached endorsement. 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 10555 Mary Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE CY a~ ~dbv I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD P OLICY NUMBER : LGL0003550 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (INCLUDING COMPLETED OPERATIONS) AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU The insurance provided by this endorsement shall not serve to increase our limits of insurance as described in SECTION Ill-LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II -W10 Is An Insured is amended b include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for : 1. "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part by : a. Your acts or omissions ; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations and for that additional insured. 2. bodily injury " or "property damage" induded in the "products-completed operations hazard " ( corrpleted operations) in respect of "your work" performed for that additional insured B. This insurance shall be considered primary if any other valid and collectible insurance is available to any person or organization induded as an additional insured under this endorsement and such other insurance shall be excess of and will not contribute to the insurance afforded by this endorsement C. We will waive any right of recovery we may have against any person or organization whom you have agreed to waive su ch right of recovery in a written contract or written agreement because of payments we make br injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and induded within the "products-completed operations hazard ." D. Wth respect to the insurance afforded to these additional insureds, the following additional exdusion applies : This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, induding: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings , opinions, reports, surveys, field orders, change orders or drawings and specifications ; or 2. Supervisory, inspection , architectural or engineering activities. All other terms, conditions and exclusions underthe policy are applicable to this Endorsement and remain unchanged. CG 78 27 0213 © 2013 Gemini Insurance Company (A Berkley Company) Pagel of1 POLICY NUMBER : ACP7864789899 COMMERCIAL AUTO AC 70 05 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. BUSINESS AUTO PROTECTION -GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds -Nonowned Autos D. Additional Insured by Contract , Permit or Agreement E. Supplementary Payments -Bail Bonds F. Supplementary Payments -Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee -Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos-Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts -Leased Private Passenger Types 0. Deductible Amendments P. Rental Reimbursement Coverage Q . Expanded Transportation Expense R. Extra Expense -Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV -Business Auto Conditions -Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 0316 Includes copyrighted material of Insurance Services Office , Inc. with its permission ACP BA 78·6-4789899 L77W 16327 INSURED COPY AC7005031600 0001 Page 1 of 7 47 0027784 COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state- specific endorsement also attached to this poli- cy, then the provision(s) of the state-specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state-specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180th day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS -NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II -COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II -COVERED AUTOS LIABILITY COVERAGE : If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS BAIL BONDS Supplementary Payments of SECTION II - COVERED AUTOS LIABILITY COVERAGE is revised as follows : (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS -LOSS OF EARNINGS Supplementary Payments of the SECTION 11 - COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION Ill - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission AC 70 05 0316 ACP BA 78-6-4789899 L77W 16327 INSURED COPY AC7005031600 0001 47 0027785 H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II -COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II -COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee 's" employment or while performing duties related to the con - duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au - to" you own is covered by this policy for Com- prehensive , Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS : If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage : Any "auto" you do not own while used with the permission of its owner as a temporary COMMERCIAL AUTO AC 70 05 0316 substitute for a covered "auto" you own that is out of service because of its : a. Breakdown ; b. Repair; C. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced . L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION Ill - PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use , abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease ; and AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 7 ACP BA 78-6-4789899 L77W 16327 INSUR ED COPY AC7005031600 0001 47 0027786 COMMERCIAL AUTO AC 70 05 0316 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS -LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION Ill PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. 0. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION Ill -PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos ", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration , with the lesser of the following number of days : a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft , this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts : a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION Ill -PHYSICAL DAMAGE COVERAGE Coverage Extension. Q . EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION Ill -PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing : We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc with its permission. AC 70 05 0316 ACP BA 78·6-4789899 LnW 16327 INSURED COPY AC7005031600 0001 47 0027787 covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". R. EXTRA EXPENSE -STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 tor the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of : a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the in- stallation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip- COMMERCIAL AUTO AC 70 05 0316 ment manufacturer or other sources in - cluding non-original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. T. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance prov1s1on of SECTION Ill PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1. and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option : a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war - ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new vehicle" means an "auto" of which you are the original owner that has not been previ- AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission ACP BA 78 ·6-4789899 L77W 16327 INSURED COPY AC7005031600 0001 47 0027788 COMMERCIAL AUTO AC 70 05 0316 ously titled and which you purchased less than 365 days before the date of the "loss ". U. PHYSICAL EXTENSIONS DAMAGE COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following : b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collisio n Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day , to a maximum of $1 ,500. The insurance provided by this provision is excess over any other collectible insurance. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition : We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident" be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows : 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident " or "loss" is known to : (1) You , if you are an individual ; (2) A partner, if you are a partnership ; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to : (1) You, if you are an individual ; (2) A partner, if you are a partnership ; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR -COVERAGE TERRITORY Item (5) of the Policy Period , Coverage Territory GeneralConditionss replaced by the following : (5) Anywheren the world if a covered "auto " is leased, hired , rented or borrowed without a driver for a period of 30 days or less ; and ~ EMERGENCYLOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a re- sult, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and Page 6of 7 Includes copyrighted material of Insurance Services Office , Inc with its permission. AC 70 05 0316 ACP BA 78 -6-4 789899 L77W 16327 INSURED COPY AC7005031600 0001 47 0027789 4. Original copies of receipts for services of a locksmith must be provided before reim - bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2 . of the COMMON POLICY CONDITION -CANCELLATION applies except as follows: COMMERCIAL AUTO AC 70 05 0316 If we cancel for any reason other than non - payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella - tion. AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 7 ACP BA 78 -6-4789899 L77W 16327 INSURED COPY AC7005031600 0001 47 0027790