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25-174 Tucker Construction for On-Call Abatement Services
On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 1 of 9 MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT WITH TUCKER CONSTRUCTION, INC 1. PARTIES This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Tucker Construction, Inc (“Contractor”) a Corporation for On-Call Abatement Services, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order. 2.3 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 2 of 9 3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $20,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 3 of 9 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following: On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 4 of 9 (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 5 of 9 manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary information; (e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 6 of 9 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Nicky Vu as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Astrid Stromberg as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 7 of 9 to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 8 of 9 required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Nicky Vu Email: nickyv@cupertino.org To Contractor: Tucker Construction, Inc 1725-D Little Orchard St San Jose, CA 95125 Attention: Astrid Stromberg Email: astrid@tuckercon.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE On-Call Abatement Services Master Professional/Specialized Services Agreement/ Rev. April 2024 Page 9 of 9 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date TUCKER CONSTRUCTION, INC By Name Title Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Mark Tucker Mark Tucker President 10/09/2025 Michael K Woo Benjamin Fu Benjamin Fu Director of Community Development 10/09/2025 Kirsten Squarcia 10/09/2025 HOMELESS ENCAMPMENT RATES FY 25/26 Pre-Cleanup: 2 persons @118.45/hour Posting, homeless encampment outreach, bio/hazardous waste and safety evaluation, pre-clean-up photos for documentation, pre-clean-up meetings with client/departments involved. Cleanup: Supervision: @141.11/hour Labor rate: @133.90/hour Operator Engineer: @141.11 The cleanup crew depends on the size of the encampment(s), usually anywhere from 3 to 8 people. Scope of Work: - Search for bio-hazardous waste, dangerous objects and needles. - Search for important personal items, saved and delivered to a storage place of client s choice. - Dismantle structures including burn sites, stone, brick, glass, metal or wooden structures. - Load trash and debris into dump truck, container or debris boxes. - Sanitization of site (on demand) Does not include material/equipment cost. Material/Equipment: Toilet Included in labor cost Dump truck 400 per half day, 550.00 whole day Other Heavy Equipment, Skid Steer or Loader 600.00 per day Dump fees cost plus 20% 30 yard dumpster @ 1,050.00 each or current rate plus 20% Hazardous waste disposal cost plus 20% 14 yard dumpster with truck 600 per day plus disposal fees plus 20% Bio: 2 people @ 154.50/hour each on site + transport @139.05/hr Bio-waste disposal cost plus 20% Post Clean-up: @ 118.45/hour - Taking personal items to storage and possible return of items to clients from storage. - Pictures taken for documentation. Storage Tucker Construction Inc. will store personals for 3 months at 150.00 per cubic yard. Includes storage and disposal after 90 days. All above labor costs are at Prevailing Wage rates. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/6/2025 Acrisure Partners West Coast Insurance Services, LLC 1950 W Corporate Way #1 Anaheim CA 92801 408-387-5200 License#: 6009644 Navigators Specialty Insurance Company 36056 TUCKCON-03 RSUI Indemnity Company 22314Tucker Construction Inc. Mark Tucker 1725 Little Orchard Street #D San Jose CA 95125 Westchester Surplus Lines Insurance Company 10172 Ohio Security Insurance Company 24082 Berkshire Hathaway Homestate Insurance Company 20044 1217521020 A X 2,000,000 X 50,000 5,000 1,000,000 2,000,000 X Y Y SF25CGLZ0K4QUIC 1/1/2025 1/1/2026 2,000,000 B X 5,000,000 X NHA604401 1/1/2025 1/1/2026 5,000,000 X 0 E XYTUWC6334051/1/2025 1/1/2026 1,000,000 1,000,000 1,000,000 C D Pollution Liability Equipment Floater G7091542A007 BMO61600900 8/15/2024 1/1/2025 1/1/2026 1/1/2026 Limit Rented/Leased 1,000,000 80,000 Re: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as an additional insured on General Liability policy per the attached endorsements. General Liability policy is primary and non-contributory per the attached endorsement. Waiver of Subrogation applies to General Liability and Workers Compensation policies per the attached endorsements. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 USA Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver –Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium (prior to adjustments) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Berkshire Hathaway Homestate Ins Co TUWC633405 7596.00 01/01/2025 CG 20 38 04 13 Page 1 of 2© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 38 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2.Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2."Bodily injury" or "property damage" occurring after: a.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or POLICY NUMBER: SF25CGLZ0K4QUIC CG 20 38 04 13 Page 2 of 2© Insurance Services Office, Inc., 2012 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NPC 711 08 11 Page 1 of 2 GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the application of the General Aggregate Limit to each of your projects, the maximum amount we will pay under the General Aggre- gate Limit for all claims arising from all projects is the Overall General Aggregate Cap shown in the Schedule above. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard”, and for medi- cal expenses under COVERAGE C regard- less of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claims or bringing “suits”. 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. POLICY NUMBER: SF25CGLZ0K4QUIC Page 2 of 2 NPC 711 08 11 B.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig- nated Construction Project General Aggre-gate Limit. C.When coverage for liability arising out of the “products-completed operations hazard” is pro- vided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Limits Of Insurance (SECTIONIII) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 20 01 04 13 Page 1 of 1© Insurance Services Office, Inc., 2012 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER: SF25CGLZ0K4QUIC CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: SF25CGLZ0K4QUIC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. NPC 827 04 13 Page 1 of 1 COMMERCIAL GENERAL LIABILITY NPC 827 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): ALL OPERATIONS AT LOCATIONS AT WHICH THE INSURED WAS AT ANY TIME: 1. COVERED, OFFERED COVERAGE, OR DENIED COVERAGE; OR 2. ENROLLED, OFFERED ENROLLMENT, OR NOT ALLOWED TO ENROLL UNDER A WRAP-UP PROGRAM. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" at the location described in the Schedule of this endorsement, as the construction project in which you are involved is or was subject to a consolidated (wrap-up) insurance program obtained by the prime contractor/project manager or owner of the construction project. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1)Provides coverage identical to that provided by this Coverage Part; (2)Has limits adequate to cover all claims; (3)Remains in effect; or (4)Enrolled you in the program. This Exclusion does not apply to “bodily injury” or “property damage” not included in the “products-completed operations hazard” that is related to but does not take place at the location of a project covered by a Wrap-up Program. POLICY NUMBER: SF25CGLZ0K4QUIC CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER:SF25CGLZ0K4QUIC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization for whom you are performing "commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products-completed operations. "Commercial construction" does not include any habitational or residential construction other than hotels or apartments. . .. .. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 will not be broader than that which you are required by the contract or agreement to provide for such additional insured. POLICY NUMBERPOLICYPERIOD (o1a025te) DO NOT PAY PREMIUMS SHOWN ON THIS PAGE.IF AN AMOUNT IS DUE,THEN A SEPARATE STATEMENT IS ENCLOSE D.YEAR MAKE MODEL BODY STYLE VEHICLE ID.NUMBER CLASS I1SX0N 316 8349-F30-05XTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 JUN 25 2024 to DEC 30 2024VOL117793300232437-3-A DICK ALESCH164NBASCOM AVE STE ASANJOSE,CA 95128-1867(408)918-0877 MUTLA0002380058 04560/01811 ____________________ ____________________ IP P D 31 6 83 4 9 05 00 0 2 3 8 JU N 26 20 2 4 00 5 8 12 MATCH 0023800238 A901E CONTINUED PAGE 1 OF 2 STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED AGENT R PHONE: See Reverse Side 05-2127-3 A DECLARATIONS PAGE12:01 A.M.Standard Time YOUR CAR State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 1999 FORD CLUB WAGON 1FBSS31L1XHA14809VAN 100FC110 SYMBOLS COVERAGE &LIMITS PREMIUMS A $908.26LiabilityCoverage Limit-Each Accident $2,000,000 C $34.41MedicalPaymentsCoverage Limit -Each Person $25,000 D $35.97ComprehensiveCoverage-$250 Deductible G $102.87CollisionCoverage-$1,000 Deductible H $5.56EmergencyRoadServiceCoverage U $150.00UninsuredMotorVehicleCoverage Bodily Injury Limits Each Person,Each Accident $1,000,000 $1,000,000 U1 $9.57UninsuredMotorVehiclePropertyDamageCoverage $1,246.64 Total premium for JUN 25 2024 to DEC 30 2024. IMPORTANT MESSAGES IMPORTANT NOTICE For your protection California law requires the following to appear with this policy:Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Replaced policy number 3168349-05W. Notice of insurance information collection practices -personal,family,or household insurance transactions: We may collect customer information from persons other than the individual or individuals applying for coverage.Such customer information as well as other personal or privileged information subsequently collected may,in certain circumstances,be disclosed to third parties without your authorization as permitted by law. You have the right to submit a written request to access,correct,amend,or delete your personal information and the right to receive a response within 30 days of submitting your request.If we deny your request,you have the right to file a statement with us containing the information you feel is accurate and fair along with the reasons you disagree with our denial.Instructions on how to file such request and our full privacy notice can be found www.statefarm.com/customer-care/privacy-security/privacy or contact your State Farm Agent. Your total renewal premium for JUN 30 2024 to DEC 30 2024 is $1,215.93. 155-3866 CA.2 05-2002 (o1a025fc) B10 POLICY NUMBERPOLICYPERIOD (o1a025vd)Telephone:Prepared(o1a0254c)I3SX0 316 8349-F30-05XTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 JUN 25 2024 to DEC 30 2024VOL1177933002 JUN 27 2024 32437-3-A DICK ALESCH(408)918-0877 MUTLA0002380058 04561/01811 ________________ IP P D 31 6 83 4 9 05 00 0 2 3 8 JU N 26 20 2 4 00 5 8 12 MATCH 0023800238 A901EPAGE2OF2 STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED Agent: R 2127-B0C 05-2127-3 A DECLARATIONS PAGE12:01 A.M.Standard Time State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 EXCEPTIONS,POLICY BOOKLET &ENDORSEMENTS (See policy booklet &individual endorsements for coverage details.) YOUR POLICY CONSISTS OF THIS DECLARATIONS PAGE,THE POLICY BOOKLET - FORM 9805B,AND ANY ENDORSEMENTS THAT APPLY,INCLUDING THOSE ISSUED TO YOU WITH ANY SUBSEQUENT RENEWAL NOTICE. CREDITOR-CITY OF MILPITAS PLANNING &,455 E CALAVERAS BLVD,MILPITAS CA 95035-5411. 01 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF SANTA CLARA,C/O INSURANCE DATA SERVICES INSURANCE COMPLANCE PO BOX 100085,DULUTH GA 30096-9302. 02 6028BU ADDITIONAL INSURED-CITY OF LOS ALTOS,1 N SAN ANTONIO RD,LOS ALTOS CA 94022-3000. 03 6028BU ADDITIONAL INSURED-CITY OF EAST PALO ALTO,2415 UNIVERSITY AVE STE 2,E PALO ALTO CA 94303-1148. 04 6028BU ADDITIONAL INSURED-TUCKER CONSTRUCTION,CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3202. 05 6028BU ADDITIONAL INSURED-CITY OF MORGAN HILL ATTN:RISK MANAGEMENT, 17575 PEAK AVE,MORGAN HILL CA 95037-4128. 06 6028BU ADDITIONAL INSURED-30 DAYS-CITY OF MILPITAS,455 E CALAVERAS BLVD, MILPITAS CA 95035-5411. 07 6028BU ADDITIONAL INSURED-CITY OF CUPERTINO,10300 TORRE AVE,CUPERTINO CA 95014-3255. 08 6028BU ADDITIONAL INSURED-TOWN OF LOS GATOS,110 E MAIN ST,LOS GATOS CA 95030-6945. 09 6028BU ADDITIONAL INSURED-JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE,1230 AVENUE OF THE AMERICAS,NEW YORK NY 10020-1513. 6030GF BUSINESS NAMED INSURED. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6129J AMENDATORY ENDORSEMENT. 6289DW SINGLE LIMIT LIABILITY COVERAGE. ORIGINAL COST OF CUSTOMIZATION NONE OR UP TO $1000. 6196AA -WAIVER OF SUBROGATION UNDER LIABILITY COVERAGE FOR CITY OF SANTA CLARA:CITY OF CUPERTINO;CITY OF MILPITAS;TOWN OF LOS GATOS;JP MORGAN WEALTH MGMT 1ST REP NOW PART OF JP MORGAN CHASE. 155-3866 CA.2 05-2002 (o1a025fc) B10 ED 1 PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 X Sh e e t 1 of 2 04 5 6 2 /01 8 1 1 __ _ _ __ _ _ PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 X 04 5 6 2 /01 8 1 1 ED 1 PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 X Sh e e t 2 of 2 04 5 6 3 /01 8 1 1 __ _ _ PL E A S E AT T A C H TO YO U R PO L I C Y BO O K L E T Po l i c y Nu m b e r : 31 6 83 4 9 - F 3 0 - 0 5 X 04 5 6 3 /01 8 1 1 Policy Number: 510 7623-F30-05 Prepared April 24, 2025 Page number 1 of 5 1004583 143562 202 01-15-2018 AT2 State Farm Mutual Automobile Insurance Company PO Box 2368 Bloomington IL 61702-2368 A-2127 A TUCKER CONSTRUCTION INC 1725 LITTLE ORCHARD ST STE D SAN JOSE CA 95125-1053 AUTO RENEWAL PREMIUM PAID: $1,223.94 DO NOT PAY. Your premium is billed through the State Farm Payment Plan State Farm Payment Plan Number: 1177933002 You r State Farm Ag en t DICK ALESCH Office: 408-918-0877 Add ress: 164 N BASCOM AVE STE A SAN JOSE, CA 95128-1867 If you have a new or different car, have added any drivers, or have moved, please contact your agent. Th an k you for cho os ing State Fa rm. Policy Number: 510 7623-F30-05 Policy Period: June 30, 2025 to December 30, 2025 Ve hic le: 1999 FORD CLUB WAGON Prin cip al Driver: JESUS S MEZA Notice of insurance information collection practices - personal, family, or household insurance transactions: We may collect customer information from persons other than the individual or individuals applying for coverage. Such customer information as well as other personal or privileged information subsequently collected may, in certain circumstances, be disclosed to third parties without your authorization as permitted by law. You have the right to submit a written request to access, correct, amend, or delete your personal information and the right to receive a response within 30 days of submitting your request. If we deny your request, you have the right to file a statement with us containing the information you feel is accurate and fair along with the reasons you disagree with our denial. Instructions on how to file such request and our full privacy notice can be found (continued on next page ) You mean a lot to us. If you need anything, call State Farm ® Agent DICK ALESCH at 408-918-0877. Thanks for being part of our neighborhood. TP31 Policy Number: 510 7623-F30-05 Prepared April 24, 2025 Page number 2 of 5 www.statefarm.com/customer-care/privacy-security/privacy or contact your State Farm Agent. Your auto insurance rates are impacted by the mileage your vehicle is driven. To ensure we've priced our insurance coverage accurately based on the number of miles you drive, we obtained valid mileage information for this vehicle through a third party provider and/or from you. Annual mileage was determined using this data and applied. Please contact your State Farm agent with questions within 30 days of your policy's renewal date. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. V EH IC L E IN F OR MAT I ON Revie w yo ur p olicy in formatio n c arefully . If anything is i ncorrect, or if th ere are any chang es to your ve hi cle info rma tio n, please let u s kno w rig ht away. Vehicle Description Vehicle Identification Number (VIN)Who principally drives this vehicle?How is this vehicle normally used? 1999 FORD CLUB WAGON 1FBSS31L1XHA14809 Original cost of customization none or up to $1,000. JESUS MEZA, a single individual, who will have 25 years of driving experience as of June 30, 2025. Business. Oth er Ho useh old Veh icle(s) Yo ur p remiu m may be in flu enced b y o ther State Farm p ol icies that curre ntl y insure the fol lo wing veh icle(s) in you r ho usehold: 2001 WALTON 16FT 2006 GMC C2500 2006 FORD F150 2019 FORD F650 2008 GMC C2500 1998 CARRIER TWMSR 2008 FORD F450SD 2018 FORD F550 2005 DODGE RAM 2500 2012 FORD F250 2021 FORD F550 2013 FORD F150 2020 RAM 5500 2019 FORD F350 2023 FORD F650 2022 FORD F350 2009 FORD F150 2016 RAM 1500 2017 FORD F250 SD 2017 RAM 1500 2014 FORD F250 SD 2011 FORD F250 SD The premium on the expiring policy term was based on 6,000 miles per year. The premium on the renewal policy term was based on 5,700 miles per year. Premium Adjustment Each year, we review our medical payments and personal injury protection coverages claim experience to determine the vehicle safety discount that is applied to each make and model. In addition, we review the comprehensive, collision, (continued on next page) Policy Number: 510 7623-F30-05 Prepared April 24, 2025 Page number 3 of 5 VEHICLE INFORMATION continued bodily injury and property damage claim experience annually to determine which makes and models have earned decreases or increases from State Farm's standard rates. If any changes result from our reviews, adjustments are reflected in the rates shown on this renewal notice. D RI VE R IN F OR MAT I ON Assig ned Driv er(s ) T he fol lo wing d river(s) are assi gned to the veh icle(s) on th is po licy. Name Driving Experience as of June 30, 2025 Marital Status JESUS S MEZA 25 years Single Oth er Ho useh old Drive r(s) In addition to the Prin cipa l Driver(s) a nd Assig ned Driver(s), you r premium may be influe nced by the d rivers shown be lo w an d othe r indivi duals permitted to d rive your ve hi cle. T his l ist do es not exten d or expand coverage beyond that conta in ed in this auto mobile p ol icy. T he dri ve rs l isted below are the dri ve rs re ported to us that mo st frequ ently drive oth er veh icles i n your h ouseho ld . RICHARD K ECKHOFF MARK TUCKER MARY GRILLI ALONSO CARRILLOLIZARRAGA Principal Driver & Assigned Drivers For each automobile, the Principal Driver is the individual who most frequently drives it. Each driver is designated as an Assigned Driver on the household automobile that they most frequently drive. Your premium may be influenced by the information shown for these drivers. CO VE RA GE A ND L I MIT S See your policy for an explanation of these coverages. A Liability 2,000,000 Bodily Injury & Property Damage $867.94 C Medical Payments 25,000 $33.48 D 250 Deductible Comprehensive $35.46 G 1000 Deductible Collision $92.98 H Emergency Road Service $6.14 U Uninsured Motor Vehicle Bodily Injury 1,000,000/1,000,000 $176.67 U1 Uninsured Motor Vehicle Property Damage $11.27 Total Premium $1,223.94 Policy Number: 510 7623-F30-05 Prepared April 24, 2025 Page number 4 of 5 If any coverage you carry is changed to give broader protection with no additional premium charge, we will give you the broader protection without issuing a new policy, starting on the date we adopt the broader protection. DI SC OU NT S These adjustments have already been applied to your premium. Vehicle Safety P Driving Safety Record P California Good Driver P Loyalty P Total Discounts $2,681.47 Other Availab le Disco un t(s) You ma y b e eli gi bl e for additiona l d iscoun ts See the encl osed insert for more in formati on. Mature Driver S UR CH AR GE S AN D DI SC OU NT S Driving Safety Record Rating Plan Your driving safety record, along with other rating factors, determines what you pay for Liability, Medical Payments, Comprehensive, Collision, and Uninsured Motor Vehicle Coverages. Policyholders with no accidents and convictions pay less than those with accidents and convictions. The Driving Safety Record Rate Level that is assigned to your policy moves up, down, or stays the same every policy renewal, depending upon your driving record. For every 12 months since the renewal following the occurrence of a chargeable accident or the conviction of a minor violation, the initial assigned Driver Record Level for that chargeable accident or conviction shall be lowered by 1 level. For each 12 month period since the conviction of a major violation, the initial assigned Driver Record Level for that conviction shall be lowered by 2 levels. The Rate Level is increased if there are subsequent chargeable accidents or convictions. Definition of Chargeable Accidents Chargeable accidents for new business are those which resulted in bodily injury or death or in payment(s) by an insurer due to damage to any property in the amount of more than $1000. For accidents occurring prior to December 11, 2011, an accident shall be chargeable provided it resulted in death or in payment(s) by an insurer due to damage to any property in the amount of more than $750. For applicants without prior insurance at the time of the accident, an accident shall be chargeable provided it resulted in damage to any property in the amount of more than $1000 (more than $750 if the accident occurred prior to December 11, 2011). Chargeable accidents for renewal business are those which resulted in bodily injury or death or State Farm claim payments totaling more than $1000 (more than $750 for accidents occurring prior to December 11, 2011) under property damage liability coverage and collision coverage combined. For more information about the rating plan, please contact your State Farm agent. Superior Driver Rate Level ADDITIONAL INFORMATION IMPORTANT NOTICE For your protection California law requires the following to appear with this policy: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. (continued on next page) Policy Number: 510 7623-F30-05 Prepared April 24, 2025 Page number 5 of 5 A DD IT I ON AL IN F OR MAT I ON continued If any information on this renewal notice is incomplete or inaccurate, or if you want to confirm the information we have in our records, please contact your agent. For additional information regarding discounts or coverages, see your State Farm agent or visit statefarm.com®. Important Notice Regarding Your Premium State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile insurance is determined by many factors including: ·The coverage you have ·Where you live ·The kind of car you drive ·How the car is used ·Who drives the car Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent. Buying a new car? Remember to contact your agent! When you buy an additional car or one that replaces a car already on your policy, you need to report the change to your agent promptly. Even though the dealership you purchased the car from may offer to notify your agent or insurance company, you, as the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you can help: ·avoid any complications or lack of coverage in the event of an accident or loss, ·avoid insurance verification problems with a lienholder, the police, or the department of motor vehicles, and ·ensure that you receive any new discounts you may be entitled to. Your current State Farm policy automatically provides certain coverages for a new or replacement car for up to a specified, limited number of days after you take possession of the car. Please refer to your policy for the number of days that applies in your state. If you have any questions about coverage for a newly acquired car, please contact your State Farm agent. Disclaimer: This message is provided for informational purposes only and does not grant any insurance coverage. The terms and conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any applicable endorsements. Insurance Requirements for Professional/Specialized Services Agreement 1 Version: May 2025 Contractor shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall allow and be endorsed "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non- Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the EXHIBIT C Insurance Requirements Professional/Specialized Services Agreement Insurance Requirements for Professional/Specialized Services Agreement 2 Version: May 2025 Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 each accident / disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used. Primary and Non-Contributory Coverage Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the Insurance Requirements for Professional/Specialized Services Agreement 3 Version: May 2025 extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-VII or higher. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance required herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Higher Insurance Limits If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Contractor. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. On-Call Abatement Services Final Audit Report 2025-10-10 Created:2025-10-09 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAXE9JYzS61wfyrPI4yE9ZqgpOghWSvJPQ "On-Call Abatement Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-10-09 - 6:47:12 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-10-09 - 6:50:48 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-10-09 - 6:51:03 PM GMT- IP address: 3.81.151.214 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-10-09 - 7:02:00 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to tucker@tuckercon.com for signature 2025-10-09 - 7:02:04 PM GMT Email viewed by tucker@tuckercon.com 2025-10-09 - 10:31:02 PM GMT- IP address: 174.160.52.38 Signer tucker@tuckercon.com entered name at signing as Mark Tucker 2025-10-09 - 11:15:54 PM GMT- IP address: 174.160.52.38 Document e-signed by Mark Tucker (tucker@tuckercon.com) Signature Date: 2025-10-09 - 11:15:56 PM GMT - Time Source: server- IP address: 174.160.52.38 Document emailed to michaelw@cupertino.gov for signature 2025-10-09 - 11:16:00 PM GMT Email viewed by michaelw@cupertino.gov 2025-10-09 - 11:16:06 PM GMT- IP address: 3.91.83.214 Signer michaelw@cupertino.gov entered name at signing as Michael K Woo 2025-10-09 - 11:17:17 PM GMT- IP address: 73.170.186.236 Document e-signed by Michael K Woo (michaelw@cupertino.gov) Signature Date: 2025-10-09 - 11:17:19 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Benjamin Fu (benjaminf@cupertino.gov) for signature 2025-10-09 - 11:17:24 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.gov) 2025-10-09 - 11:17:32 PM GMT- IP address: 34.203.231.165 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2025-10-09 - 11:50:15 PM GMT - Time Source: server- IP address: 174.193.199.2 Document emailed to kirstens@cupertino.gov for signature 2025-10-09 - 11:50:58 PM GMT Email viewed by kirstens@cupertino.gov 2025-10-09 - 11:51:08 PM GMT- IP address: 100.26.217.28 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2025-10-10 - 0:27:25 AM GMT- IP address: 64.165.34.3 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2025-10-10 - 0:27:27 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-10-10 - 0:27:27 AM GMT