HomeMy WebLinkAbout26-165 Tucker Construction, Inc. for On-Call Abatement Services
Master Professional/Specialized Services Agreement/ Rev. April 2024
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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 October 1, 2026 (“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, 2029 (“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.
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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 be based upon actual costs but that will be capped so as not to exceed $75,000
(“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.
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
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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:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
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(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
manner relating to any of the following:
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(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.
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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, Senior Housing Coordinator 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
to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in
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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
required provisions. The Parties will collaborate to implement this Section, as appropriate.
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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:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Nicky Vu
Email: nickyv@cupertino.gov
Tucker Construction, Inc.
1727-A 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.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name Benjamin Fu
Title Director of Community
Development
Date
CONTRACTOR
By
Name Mark Tucker
Title President
Date
APPROVED AS TO FORM:
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
LAUREN SAPUDAR
City Clerk
Date
Mark Tucker
09/28/2026
Michael K Woo
Benjamin Fu
09/29/2026
Lauren Sapudar
09/29/2026
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Exhibit A – Scope of Services
The City of Cupertino (City) requires an on-call abatement Service Provider to provide turnkey homeless
encampment site clean-up to remove biohazardous material and other encampment waste material to
provide a safe and clean site. Sites are considered to contain a variety of materials that may contain
hazardous materials including bio-hazardous materials, garbage and general debris, human waste,
constructed temporary shelter, and other items associated with homeless occupancy. The site locations
will be identified individually, and the City will make efforts, when possible, to cluster several sites. The
sites may be located: under structures (e.g., bridge), in forested open areas, have vegetated ground
cover and may include scrap material and/or tent build shelter. The City may be responsible for providing
access to the site, as needed. All work and access to the site will be coordinated with the City before
work begins.
Site supervisor and workers must be experienced in handling and disposal of hazardous materials. If
selected, service provider will provide proof of all relevant hazardous disposal certifications. Some work
may require the removal of temporary structures, including tents and makeshift structures. The work will
be performed on an as-needed basis, with hours of work between 7:00 a.m. and 5:00 p.m., Monday
through Friday.
The Service Providers’ duties and responsibilities include the following:
• Clean-up duties shall include surveying sites, collecting debris, and dismantling temporary
structures, removal of trash, removal of human waste, and State approved handling and removal
of all removed materials. Disposal shall be at a site permitted to accept such materials;
• Service Provider shall identify any personal items or items of potential value to encampment
members, catalogue each item with pictures, and store the items for up to 90 days at a facility
accessible to the encampment members. Service Provider shall provide a list of items that fall
into these categories to the City for incorporation into this agreement. Service Providers shall
provide the storage facility and instructions to access the materials for the City to include on the
“Notice to Vacate;”
• Service Provider shall supply all labor, material, tools, protective clothing, and gear, and
equipment that is required or needed to perform the work to handle, remove, transport, and
dispose of the waste materials and leave a clean site;
• Service Provider shall coordinate with the City on a site-by-site basis to determine the work order
for each encampment clean-up. The work order will establish the site start date, estimated
timeframe of work, environmental considerations, staging area, traffic control if required, and
name of the onsite representative;
• Service Provider is responsible for the supervision and management of its crew and any
subcontractors and ensure all necessary safety procedures are followed;
• Service Provider shall photograph the encampment site before and after cleaning and provide
electronic copy of each photograph to the City;
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• Service Provider shall notify the City when the work is complete and provide a clean-up report for
each site including total weight of debris removed;
• If an adjacent homeless encampment is discovered in the general area during the scheduled
abatement, the Service Provider shall notify the City’s designated representative to obtain
authorization prior to proceeding with any additional work that was not identified in the work
scope;
• Service Provider shall follow best practices work procedures to safely manage any hazardous
materials found on the jobsite, including urine, feces, soiled personal hygiene items, syringes,
and other materials which could pose a health threat;
• Service Provider shall follow stormwater protection best management practices to ensure
wastewater or pollutants are not discharged to the storm sewer system;
• Should disinfectant products be used during work, standard operating procedures and best
management practices must be implemented;
• Service Provider shall immediately contact 911 if a weapon is found;
• Service Provider is to perform work in a timely and efficient manner and always conduct
themselves in a courteous and business-like manner;
• Service Provider shall properly handle and dispose of solid waste and hazardous waste in
accordance with all applicable laws, including the use of acceptable cleaning agents and
restricting flows to waterways.
Request for Quote – Encampment Abatement Services
Company Name____________________________________________________________________
Address___________________________________________________________________________
___________________________________________________________________________________
Tax ID Number ______________________________
The bidder hereby offers to complete the project/purchase for the following price(s) in strict compliance
with the specifications, terms and conditions set forth in this RFQt. Pricing shall be held for 60 days.
QUOTE PRICING
1)Pricing assumptions should be based on an average 10’x10’ encampment clean-up with hazardous
items on-site, a disposable housing set-up, and one unhoused individual
2)Populate and add rows as needed to identify appropriate labor, equipment, storage costs, and any
additional fees as they relate to the scope of work
3)Indicate either an Hourly rate, Flat Fee, or both, as applicable for each line item
TASK/LABOR COST/DESCRIPTION
1. LABOR
*Insert roles/titles for necessary staff*$
a.
b.
2. MATERIAL/EQUIPMENT
*Insert materials/supplies needed*$
a.
b.
3. STORAGE (90 DAYS)/DISPOSAL
*Insert storage/disposal fees*$
a.
b.
A.Bidder is requested to list a previous reference contract for a similar project.
1.Organization _________________________________________________________________
Location _____________________________________________________________________
Contact Person _______________________________________________________________
Telephone Number/email ______________________________________________________
Describe work performed by bidder _____________________________________________
_______________________________________________________________________________
City of Cupertino
10300 Torre Avenue, Cupertino, CA 95014
EVENT ACTION PLAN
Encampment Resolution
Operational
Period
Start
End
CPT EOC 201 – Event Briefing
CPT EOC 202 – Objectives
CPT EOC 203 – Organization List
CPT EOC 205 – Communications Plan
CPT EOC 206 – Medical Plan
CPT EOC 207 – Organizational Chart
Event Maps
Overall Timeline
__________________________
Prepared By:
Exhibit B
EVENT NAME: OPERATIONAL PERIOD: DATE/TIME
PREPARED:
CPT 201
EVENT SUMMARY (Information Static over all Op Periods)
PARTICIPATING AGENCIES
EVENT NAME: OPERATIONAL PERIOD: DATE/TIME
PREPARED:
CPT 201
CITY AGENCIES ROLE and RESPONSIBILITIES
City of Cupertino Facilitation and Coordination among all agencies
- Homelessness Taskforce
Coordinate City Services
- Establish site plan
o Media Staging
o 1st Amendment Activity Area
- Schedule all participating entities
- Communications
Coordinated information sharing
Media engagement
Management of Media Staging Area
- Community Development
(Code Enforcement)
City Lead on Site
Post Notice to Vacate
Traffic control assistance
Assist with catalogue of personal property
Property Contractor Coordination
- Property Contractor
Catalogue abandoned property for storage and retrieval up to 90 days
Hazardous material removal
Provide sanitation (if necessary) and ensure wastewater removal
COUNTY AGENCIES ROLE and RESPONSIBILITIES
- West Valley Community
Services, Inc.
Coordination of Outreach and Engagement on site
Facilitation of Entry into Traditional Homeless Services
Provide transportation resources for people and personal belongings
- Sheriff’s Office Public Safety
Traffic Control
OPERATIONAL TIMELINE (All times estimated)
Time Description Location
Time Description Location
Time Description Location
EVENT NAME: OPERATIONAL PERIOD: DATE/TIME
PREPARED:
CPT 201
Begin Operational Period
End Operational Period
CURRENT WEATHER AND WEATHER FORECAST
From National Weather Service to be determined.
5
EVENT NAME:
PERIOD:
PREPARED:
CPT 202
CITYWIDE OBJECTIVES FOR THE EVENT
MANAGEMENT OBJECTIVES (Include Safety Message)
JOINT INFORMATION SECTION OBJECTIVES
OPERATIONS SUPPORT SECTION OBJECTIVES
PLANNING SECTION OBJECTIVES
LOGISTICS SECTION OBJECTIVES
6
EVENT NAME:
PERIOD: CPT 203
BC – Branch Coordinator; GS – Group Supervisor; UL – Unit Leader; Sp – Specialist
Incident Commander
Section Chief
West Valley Community Services
Community Development
Code Enforcement
Sheriff’s Office
Contractor
Section Chief
Section Chief
Section Chief
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EVENT NAME:
PREPARED: CPT 206
In the case of a medical emergency dial 9-1-1
CUPERTINO AREA HOSPITALS
NAME ADDRESS PHONE DESIGNATION REMARKS
Santa Clara Valley Medical Center 408-885-5000 VMC Trauma Level 1
Burn Center
CA 95119
First Aid Kit Location:
AED Location:
NOTES:
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EVENT NAME:
CHART
CPT 207
Incident
Management
Outreach and
Engagement
Operational
Support
Code
Enforcement
Contractor
Sheriff's Office
Joint
Information
9
EVENT NAME: OPERATIONAL PERIOD:
CPT 211
Name Position Time In Time Out Signature
10
EVENT NAME:
PREPARED:
LOG CPT 214
Name: (Unit Leader)
(and Unit)
(Include Names of Unit Members)
8. Prepared by Name: _____ Position/Title: Signature: _____________________
ICS 214, Page __ of __
11
EVENT NAME:
PREPARED:
OVERVIEW MAP
Approximate Location
12
EVENT
NAME:
PERIOD:
PREPARED:
NOTICE TO
VACATE
Notice to Vacate
13
EVENT NAME:
PREPARED:
QUOTE FOR
CLEAN-UP
SERVICES
Quote for Clean-up
Exh. D-Insurance Requirements for Professional Consultant Contracts
1
Version: May 2025
Consultant 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.
INSURANCE POLICIES AND MINIMUMS REQUIRED
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 and $2,000,000 general
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 Consultant'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 Form 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 CA 00 01 covering any auto (including
owned, hired, and non-owned autos) 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 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).
EXHIBIT C
Insurance Requirements
Professional Consultant Contracts
Exh. D-Insurance Requirements for Professional Consultant Contracts
2
Version: May 2025
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 Consultant 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 all 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 Consultant’s CGL and automobile liability
policies. General Liability coverage can be provided in the form of an endorsement to Consultant’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 and
CG 20 37 forms, if later editions are used).
Primary and Non-Contributory Coverage
Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed
primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or
volunteers shall be excess of Consultant’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 Consultant 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
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
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, 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.
Exh. D-Insurance Requirements for Professional Consultant Contracts
3
Version: May 2025
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 Consultant 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
Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies
effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page
of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right
to demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this
Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s
insurance policies.
Higher Insurance Limits
If Consultant 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 Consultant.
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.
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
500 1878-F30-05NTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 AUG 11 2026 to DEC 30 2026VOL122057470252306-3-A
DICK ALESCH164NBASCOM AVE STE ASANJOSE,CA 95128-1867(408)918-0877
MUTLA0003130058
05528/01588
____________________________________
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MATCH 0031300313 A901E
CONTINUED
PAGE 1 OF 2
STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED
AGENT
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
2005 DODGE RAM 2500 3D7KS28C75G732440PICKUP 100HC310 SYMBOLS COVERAGE &LIMITS PREMIUMS A $1312.43LiabilityCoverage Limit-Each Accident $2,000,000 C $48.78MedicalPaymentsCoverage Limit -Each Person $25,000 D $74.75ComprehensiveCoverage-$250 Deductible G $158.49CollisionCoverage-$1,000 Deductible H $3.41EmergencyRoadServiceCoverage U $305.48UninsuredMotorVehicleCoverage Bodily Injury Limits Each Person,Each Accident $1,000,000 $1,000,000 U1 $19.51UninsuredMotorVehiclePropertyDamageCoverage $1,922.85 Total premium for AUG 11 2026 to DEC 30 2026. 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 5001878-05M. 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 2026 to DEC 30 2026 is $2,490.73. Location used to determine rate charged-2296 LANSFORD AVE,SAN JOSE CA 95125.
155-3866 CA.2 05-2002 (o1a025fc)
B10
POLICY NUMBERPOLICYPERIOD
(o1a025vd)Telephone:Prepared(o1a0254c)I3SX0
500 1878-F30-05NTUCKERCONSTRUCTIONINC1725LITTLEORCHARDSTSTEDSANJOSECA95125-1053 AUG 11 2026 to DEC 30 2026VOL1220574702
AUG 21 2026
52306-3-A
DICK ALESCH(408)918-0877
MUTLA0003130058
05529/01588
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MATCH 0031300313 A901EPAGE2OF2
STATE FARM PAYMENT PLAN NUMBERNAMEDINSURED
Agent: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-COUNTY OF SANTA CLARA INSURANCE COMPLIANCE,PO BOX 100085-ZB, DULUTH GA 30096. 01 6028BU ADDITIONAL INSURED-30 DAYS-COUNTY OF SANTA CLARA EBIX BPO,PO BOX 257,PORTLAND MI 48875-0257. 02 6028BU ADDITIONAL INSURED-ENVIRONMENTAL SYSTEMS INC,3353 DE LA CRUZ BLVD,SANTA CLARA CA 95054-2636. 03 6028BU ADDITIONAL INSURED-CITY OF LOS ALTOS,1 N SAN ANTONIO RD,LOS ALTOS CA 94022-3000. 04 6028BU ADDITIONAL INSURED-CITY OF HALF MOON BAY,ATTN:MATTHEW CHIDESTER 501 MAIN ST,HALF MOON BAY CA 94019-1921. 05 6028BU ADDITIONAL INSURED-CITY OF MORGAN HILL ATTN:RISK MANAGEMENT, 17575 PEAK AVE,MORGAN HILL CA 95037-4128. 06 6028BE AUTOMOBILE LIABILITY-ADDITIONAL INSURED ENDORSEMENT CITY OF LOS ANGELES-DEPARTMENT OF WATER AND POWER-30 DAYS-SANTA CLARA VALLEY WATER DIST, 5750 ALMADEN EXPY,SAN JOSE CA 95118-3686. 07 6028BU ADDITIONAL INSURED-HABITAT FOR HUMANITY EAST BAY SILICON VALLEY, 2619 BROADWAY,OAKLAND CA 94612-3107. 08 6028BU ADDITIONAL INSURED-30 DAYS-COUNTY OF SANTA CLARA INS COMP,PO BOX 100085-ZB,DULUTH GA 30096. 09 6028BU ADDITIONAL INSURED-SP+PARKING,45 N MARKET ST,SAN JOSE CA 95113-1276. 10 6028BU ADDITIONAL INSURED-CITY OF SUNNYVALE,456 W OLIVE AVE,SUNNYVALE CA 94086-7661. 11 6028BU ADDITIONAL INSURED-BAY CITIES PAVING &GRADING INC,1450 CIVIC CT STE 400 BLDG B,CONCORD CA 94520-7950. 12 6028BU ADDITIONAL INSURED-GOOGLE LLC;CBRE INC,225 W SANTA CLARA ST FL 12,SAN JOSE CA 95113-1723. 13 6028BU ADDITIONAL INSURED-LOS GATOS UNION SCHOOL DISTRICT,17010 ROBERTS RD,LOS GATOS CA 95032-4510. 14 6028BU ADDITIONAL INSURED-10 DAYS-CITY OF CUPERTINO,10300 TORRE AVE, CUPERTINO CA 95014-3255. 6030GF BUSINESS NAMED INSURED. 6125A AMENDATORY ENDORSEMENT. 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING. 6129J AMENDATORY ENDORSEMENT. 6130Q AMENDATORY ENDORSEMENT. 6289DW SINGLE LIMIT LIABILITY COVERAGE. 6196AA -WAIVER OF SUBROGATION UNDER THE LIABILITY COVERAGE FOR CITY OF LOS ALTOS;CITY OF MORGAN HILL;SANTA CLARA VALLEY WATER DISTRICT;CITY OF SUNNYVALE;BAY CITIES PAVING &GRADING INC;GOOGLE LLC;CBRE INC;LOS GATOS UNION SCHOOL DISTRICT.
155-3866 CA.2 05-2002 (o1a025fc)
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On-Call Abatement Services
Final Audit Report 2026-09-29
Created:2026-09-28
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAcwx4Yob-NWaxesVkDugcJmXefXV09ahL
"On-Call Abatement Services" History
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