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22-029 Statcomm Inc for Fire Suppression Testing and Maintenance at Various City FacilitiesFire Suppression Testing and Maintenance at Various City Facilities
On-Call Public Works Contract/ August 2021
Page 1 of 12
ON-CALL PUBLIC WORKS CONTRACT
WITH STATCOMM, INC
1. PARTIES
This On-Call Public Works Contract (“Contract”) is made by and between the City of Cupertino, a
municipal corporation (“City”), and Statcomm, Inc (“Contractor”) a Corporation for Fire
Suppression Testing and Maintenance at Various City Facilities, and is effective on the last date
signed below (“Effective Date”).
2. SCOPE OF WORK
2.1 Scope of Work. Contractor will perform and provide all labor, materials, equipment,
supplies, transportation and any other items or work necessary to perform and complete the work
described in the Scope of Work (“Work”), attached and incorporated here as Exhibit A, on an as-
needed basis. The Work must comply with this Contract 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 its 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 that
Work be done 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 Work, Schedule of Performance,
and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order
Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify
the Scope of Work, 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. In particular, in
emergency situations, the City Project Manager may execute a Service Order for emergency work
based on oral conversations with the Contractor, without adhering to the full process outlined in this
section. Contractor will not be compensated for Work performed without a duly authorized and
executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2023 (“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 Contract,
provided such extension does not include additional contract funds. Extensions requiring additional
contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must complete the Work within the time specified in
each Service Order, and under no circumstances should the Work go beyond the Contract Time.
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3.3 Time is of the essence for the performance of all the Work required in this Contract and in
each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver
the Work 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
Work a total amount that will based upon actual costs but that will be capped so as not to exceed
$60,000.00 (“Contract Price”), based upon the Scope of Work 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 Work 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. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor, materials, equipment,
and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the
undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice.
Any retained amounts will be included with Contractor’s final payment within sixty (60) days of
City’s acceptance of the Work pursuant to a specific Service Order as complete.
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 Work
and for the persons hired to work under this Contract. 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 Work in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Work as required by law and
have procured a City Business License, if required by the Cupertino Municipal Code. Contractor
shall possess a California Contractor’s License in good standing for the following classification(s):
C16, C-61/D28, C10, which must remain valid for the entire Contract Time.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Contract will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and
equipment required to perform the Work under this Contract.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Contract and any similar federal or state taxes. Contractor
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On-Call Public Works Contract/ August 2021
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and any of its employees, agents, and subcontractors shall not have any claim under this Contract
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. Should
any court, arbitrator, or administrative authority, including but not limited to the California Public
Employees Retirement System (PERS), the Internal Revenue Service or the State Employment
Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Contract, or to promptly remint to City any payments due by the City as a result
of such determination, so that the City’s total expenses under this Contract are not greater than they
would have been had the determination not been made.
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation, including but not
limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to
do so will be null and void. Any changes related to the financial control or business nature of
Contractor as a legal entity is considered an assignment of the Contract and subject to City approval,
which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting
power of the business entity. This Contract is binding on Contractor, its heirs, successors, and
permitted assigns.
8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year
thereafter must credit City contributions to the Project. The words “City of Cupertino” must be
displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public
service announcements, and newspaper articles. No signs may be posted or displayed on or about
City property, except signage required by law or this Contract, without prior written approval from
the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to 25% of the Work under any give Service Order, provided
that each subcontractor is required by contract to be bound by the provisions of this Contract and
any applicable Service Order. Contractor must provide City with written proof of compliance with
this provision upon request.
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9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work
on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the
requirements of this Contract or constitutes grounds for rejection under the Public Contract Code.
If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work
or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded
within fifteen (15) days after City accepts the Work under a particular Service Order if the Work
involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request
and at completion of Work pursuant to a Service Order. The reports must describe the Work and
specific tasks performed, the number of workers, the hours, the equipment, the weather conditions,
and any circumstances affecting performance. City will have ownership of the reports, but
Contractor will be permitted to retain copies.
10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale
must be identified for all major components of the Work, including mechanical, electrical and
plumbing work; HVAC systems; utilities and utility connections; and any other components City
determines should be included in the final drawings of the Project. Deviations from the original
drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and
drain lines must be shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in
accordance with generally accepted accounting principles, which must be available for City review
and audit, kept separate from other records, and maintained for four (4) years from the date of City’s
final payment.
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 Contract
or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract by
Contractor, its employees, agents, servants, or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work
performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors.
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11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept
a tender of defense upon receiving notice from City of a third-party claim, in accordance with
California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the
defense of a claim, dispute, or lawsuit arising out of this Contract.
11.3 Contractor’s duties under this entire Section 11 are not limit ed to Contract Price, Workers’
Compensation, or other employee benefits, or the insurance and bond coverage required in this
Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity
in favor of Contractor against City or any other Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Contract, a purchase order or other transaction.
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 Contract. 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 Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City.
City will not execute the Contract 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 Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Contract. Contractor will promptly notify City of changes in the law
or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is
responsible for verifying the employment authorization of employees p erforming the Work, as
required by the Immigration Reform and Control Act.
13.2 Labor Laws.
a. The following provisions apply to any Service Order of $1,000 or more:
i. In General. For purposes of California labor law, this is a public works contract
subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections
1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all
subcontractors shall pay not less than current prevailing wage rates as determined by the
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California Department of Industrial Relations (“DIR”) to all workers employed on this
project. In accordance with Labor Code Section 1815, Contractor and all subcontractors
shall pay all workers employed on this project 1 ½ the basic rate of pay for work
performed in excess specified hour limitations. The work performed pursuant to this
Contract is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
ii. Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and qualified to
perform public work pursuant to section 1725.5 of the California Labor Code. Contractor
represents and warrants that it is registered and qualified to perform public work pursuant
to section 1725.5 of the Labor Code and will provide its DIR registration number, along
with the registration numbers of any subcontractors as required, to the City.
iii. Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices that are
required by regulations of the DIR.
iv. Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish the payroll
records directly to the Labor Commissioner in accordance with the law.
v. Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of worker
needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made
available to any interested party upon request.
vi. Employment of Apprentices. Contractor’s attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment
of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the
Contractor to effectuate compliance on the part of itself and any subcontractors with the
requirements of said sections in the employment of apprentices. Information relative to
apprenticeship standards, wage schedules, and other requirements may be obtained from
the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch
offices.
vii. Penalties. Contractor’s attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and
subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure
to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor
or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure
to pay overtime pay rates for hours worked by workers employed on this project in excess
specified hour limitations.
b. Contractor must compensate workers who are paid less than prevailing wages or
required to work more than a legal day’s work. Contractor will also be required to pay City a
penalty of $200.00 per worker for each day of violation.
c. As required by Labor Code Section 1861, by signing this Contract Contractor certifies
as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to undertake self -
insurance in accordance with the provisions of that code, and I will comply with such provisions
before commencing the work of this contract.”
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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 subcontractors 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, its employees, subcontractors, servants, and agents, may
not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law,
including Government Code section 1090 and Government Code section 81000 and their
accompanying regulations. No officer, official, employee, consultant, or other agent of the City
(“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that
term is defined by state law, or in violation of a City ordinance or policy while serving as a C ity
Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and
agents warrant they are not employees of City nor do they have any relationship with City officials,
officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict
of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined
in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by
City rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in
City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all
other rights and remedies available under the law and this Contract, including the right to seek
indemnification under Section 11 of this Contract.
14. BONDS
For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a
performance bond, each in the penal sum of 100% of the compensation pursuant to the Service
Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be
issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class
A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes
insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven
(7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole
discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from
payments due Contractor, or terminate the Service Order or Contract. City will not authorize work
under a Service Order until the required bonds are submitted.
15. UTILITIES, TRENCHING, AND EXCAVATION
15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request
marking of utility locations before digging or commencing Work. For underground service alerts
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for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-
3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in
writing, and wait for instructions if one of the conditions below is found at the worksite. City will
work with Contractor to amend the Contract or issue a change order if the discovered conditions
materially change the Work/Performance, Contract Time or Contract Price.
(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and
which requires removal to a Class I, Class II, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those
indicated by information about the worksite made available to Contractor; and
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as inherent
in the character of the Work.
15.3 For Service Orders where compensation is $25,000 or higher that require excavation or
involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval,
per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring,
bracing, sloping, and other provisions for worker protection from caving ground and other hazards.
The protective system must comply with all Construction Safety Orders. If the plan varies from
shoring system standards, it must be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning
storm water management. Contractor must avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control, Contractor will use
only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to
keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work,
Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and
must upgrade and maintain these controls based on weather conditions or as otherwise required by
City. These controls must be in place during the entire Contract Time and must be removed at the
end of construction and completion of the Work. Such controls must include, but will not be limited
to, the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum
saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction
materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day
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and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
These requirements must be used in conjunction with the California Stormwater Quality Association
and California Best Management Practices Municipal and Construction Handbooks, local program
guidance materials from municipalities, and any other applicable documents on stormwater quality
controls for construction. Contractor’s failure to comply with this Section will result in the issuance
of noncompliance notices, citations, Work stop orders and regulatory fines.
17. PROJECT COORDINATION
City Project Manager. The City assigns Ken Tanase as the City’s representative for all purposes
under this Contract, with authority to oversee the progress and performance of the Scope of Work.
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 Karl Blum as its single
Representative for all purposes under this Contract, with authority to oversee the progress and
performance of the Work. Contractor’s Project manager is responsible for coordinating and
scheduling the Work 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 C ontractor substituting a
new Representative which shall result in no additional costs to City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Work or parts thereof at any time. Contractor will be
compensated for satisfactory Work performed through the date of abandonment and will be given
reasonable time to close out Work under a Service Order. With City’s pre-approval in writing, the
time spent in closing out Work under a Service Order will be compensated up to ten percent (10%)
of the total time expended in performing the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be
paid for satisfactory Work rendered through the termination date and will be given reasonable time
to close out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work, products, and deliverables completed.
19. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and
Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a
lawsuit, Contractor must comply with the claim filing requirements of the California Government
Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial
evidence and include detailed written findings of law and fact.
20. ATTORNEY FEES
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If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing
party will be entitled to reasonable attorney fees and costs.
21. SIGNS/ADVERTISEMENTS
No signs may be displayed on or about City’s property, except signage which is required by law or
by the Contract, without City’s prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of an y contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not
intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of
claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the
date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer
guarantee is provided by a supplier, manufacturer or is required by this Contract. During the
Warranty Period, Contractor will repair or replace any Work defects or materials, including damage
that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from
improper use or maintenance.
25. ENTIRE AGREEMENT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete contract between City and Contractor with respect to the Work and the Project. No oral
contract or implied covenant will be enforceable against City. If there is any inconsistency between
any term, clause, or provision of the main Contract and any term, clause, or provision of the
attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the
legal portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
including without limitation all provisions regarding warranties, indemnities, payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
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ends.
28. INSERTED PROVISIONS
Each provision and clause required by law for this Contract 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.
29. HEADINGS
The headings in this Contract are for convenience only, are not a part of the Contract and in no
way affect, limit, or amplify the terms or provisions of this Contract.
30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken
together shall form one single document.
31. 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 (5th) 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: Ken Tanase
Email: kent@cupertino.org
To Contractor:
Statcomm, Inc
939-C San Rafael Ave.
Mountain View, CA 94043
Attention: Karl Blum
Email: kblum@statcomm.com
32. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to legally
bind their respective Parties. If Contractor is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313. This Contract 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
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IN WITNESS WHEREOF, the parties have caused the Contract to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
STATCOMM, INC
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Wm. R. Wood
Wm. R. Wood
Vice President
Feb 27, 2022
Christopher D. Jensen
Chad Mosley
Assistant Director of Public Works
Feb 28, 2022
Feb 28, 2022
NFPA 72 & NFPA 25 Concurrent Service Agreement - 12.10.2021 - City of Cupertino
Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508
Page 1 of 8
NFPA 72 FIRE ALARM & NFPA 25 WATER BASED FIRE SUPPRESSION CONCURRENT SERVICE AGREEMENT
This agreement is entered into this first day of _________________, 2022 by and between Statcomm Inc.; hereinafter referred to as
“Company”, and, City of Cupertino; hereinafter referred to as “Customer”.
1. DESCRIPTION OF SERVICES PROVIDED:
Company agrees to provide the following testing and inspection services as hereinafter set forth for Customer and located at:
CUSTOMER CONTACT INFORMATION:
Customer: City of Cupertino
Address: 10555 Mary Ave.
City, State, Zip: Cupertino, CA 95014 Phone: 408.777.3272
Contact: Ken Tanase Email: kent@cupertino.org
CUSTOMER INSPECTION LOCATION:
Customer: City of Cupertino
Address: 10555 Mary Ave.
City, State, Zip: Cupertino, CA 95014 Phone: 408.777.3111
Contact: Rudy Lomas Email: rudyl@cupertino.org
1.NOTICES & ADVISORIES
1.1. Test & Inspection Services shall adhere to NFPA 72 Fire Alarm; 2020 Edition & NFPA 25 Fire Sprinkler; 2016 Edition.
1.2. This contract is Prevailing Wage rates for 2021-2022
1.3. Reference: The City of Cupertino - PO ________________________________________________________________________
1.4. Unless specifically stated, this agreement excludes additional charges generated from municipal permits, UL certification or fees.
1.5. In order to initiate service, Company requires fully initialed and authorized documents to be returned. Upon receipt, a fully execute d
copy will be returned to you.
1.6. For applicable advisories: See Page 5.
1.7. Individual Site Pricing: See Page 7
.
CONCURRENT NFPA 72 Fire Alarm System & NFPA 25 Water Based Fire Suppression System Test & Inspection
NFPA 72: Fire Alarm System Test & Inspection Annual Test, Semi-Annual Inspection
NFPA 25; Ch. 5: Fire Sprinkler System Annual Test, Quarterly Inspection
Total Annual Cost for Concurrent NFPA 72 & NFPA 25 Test & Inspection:
Exhibit A
NFPA 72 & NFPA 25 Concurrent Service Agreement - 12.10.2021 - City of Cupertino
Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508
Page 5 of 8
ADVISORIES
AS BUILTS: PLANS & DEVICE COUNTS
ADVISORY: Due to the absence or availability of AS BUILTS or detailed plans for this property being available prior to the site
assessment and proposal process, there is a potential that additional devices exist on premise which need to be included in this Test &
Inspection [T&I] in order to complete the inspection and certify the system. Should such devices be uncovered during one of our
scheduled Annual / Semi NFPA 72 Fire Alarm, Annual / Quarterly NFPA 25 Fire Sprinkler or NFPA 25-5YR Test & Inspections,
Statcomm will adjust the relevant invoice in accordance with the total number of devices and / or time and materials required to
complete NFPA T&I requirements.
PROPRIETARY SYSTEM PROGRAMMING
ADVISORY: Due to the highly proprietary nature of some fire control panels, it is necessary to advise you that initial programming or
repairs of the fire control panel may require enlisting the original vendor’s authorized service personnel. The coordination of the two
companies will be the responsibility of the property manager. Statcomm costs will be based upon time and materials, estimated to be
approximately $600.00.
ELEVATOR / FIRE ALARM TESTING
ADVISORY: Per NFPA code, it is required that Elevator Recall must be tested annually. A trained and certified technician specializing
in Elevator Recall testing must perform this service. It is the responsibility of the property manager to coordinate the elevator vendor to
schedule this service in concert with the fire alarm testing. If same day scheduling proves to be inconvenient, this task will be excluded
from this service. Statcomm is available on a time & materials basis to accommodate a reschedule with the other vendor, if necessary.
ADVISORY: If elevator recall smoke or heat detectors are connected to the fire alarm control panel, it is management or owner ’s
responsibility to provide elevator reset keys or elevator control personnel to be available prior to testing of devices. If keys or elevator
personnel not available during performance of the scheduled annual fire alarm system(s) testing and inspection, the devices will not be
tested and thus noted as a deficiency (unable to test) in the annual NFPA 72 testing and inspection report. Statcomm is not financially
responsible in the event elevator service personnel are required or dispatched as the result of the scheduled annual testing of devices
connected to the fire alarm system that in turn initiate elevator to recall.
ADVISORY: System smoke detectors will only be tested during the annual fire alarm system testing/inspection as long as we are
provided necessary keys and have the capability of restoring the elevator to operation. Otherwise, testing of the elevator recall smoke
and/or heat detectors will require participation of the elevator service company, performed independently and invoiced separately.
NFPA 72 & NFPA 25 Concurrent Service Agreement - 12.10.2021 - City of Cupertino
Statcomm Inc. • 939-C San Rafael Avenue • Mountain View, CA 94043 • Phone: 650.988.9508
Page 6 of 8
DUCT DETECTOR / SMOKE DAMPER / FIRE ALARM TESTING
ADVISORY: Per NFPA code, duct detectors / smoke dampers are connected to the fire alarm system and are required to be tested
annually. A trained and certified technician specializing in duct detector / smoke damper testing must perform this service. It is the
responsibility of the property manager to coordinate the HVAC vendor to schedule this service in concert with the fire alarm testing. If
same day scheduling proves to be inconvenient, this task will be excluded from this service. Statcomm is available on a time &
materials basis to accommodate a reschedule with the other vendor, if necessary.
SCOPE OF WORK
NFPA 72: Fire Alarm System Test & Inspection
Performed: Annual / Semi Annual
o Common Area & Commercial In-Unit testing will be scheduled during weekdays, Monday - Thursday between normal
service hours of 7:30AM - 4:00PM.
o Notice Postings:
Management, if required, to post advisory notices in common areas one [1] week prior to the Annual service. Statcomm
will provide notice template via email to property manager.
Semi Annual operational testing of FACP to include panel maintenance & battery load testing, subpanels, power supplies &
repeaters. Testing of fire sprinkler water flow switches. Inspection and verification of panels, annunciators, connectors & audible
devices.
Annual Common Area operational testing of all fire system equipment and devices, including but not limited to: fire alarm control
panels, pull stations, smoke detectors, heat detectors, water flow devices, tamper devices, annunciators, auxiliary power supplies,
elevator recall, EVAC systems, duct detectors, and smoke dampers.
Annual Fire Door testing of operation and full closure of doors, and automatic closing device [magnetic locks] reset.
Annual / Semi-Annual fire alarm system certification / deficiency report, maintaining required records of service as prescribed.
NFPA 25: Fire Sprinkler Test & Inspection
Performed: Annual / Quarterly
o Common Area testing will be scheduled during weekdays, Monday - Thursday between normal service hours of 7:30AM -
4:00PM.
o Notice Postings:
o Management, if required, to post advisory notices in common areas one [1] week prior to the Annual service. Statcomm
will provide notice template via email to property manager.
Annual / Quarterly inspections of all accessible fire sprinkler risers, control valves, alarm valves, waterflow devices, valve
supervisory devices, supervisory signal devices, gauges (wet-pipe systems), hydraulic nameplate, fire department connections.
Annual Sprinkler Head Inspection
Annual main drain, water-flow alarm, and control valve test
Annual / Quarterly NFPA 25 inspection reports composed; submitted and / or made available to the Authority Having Jurisdiction
[AHJ].
939 San Rafael Avenue, Suite C, Mountain View, CA 94043 Phone: 650-988-9508 Fax: 650-988-9005
Rates Effective: 08/01/2021
Statcomm Billing Rates
Electronics Department – Installation Projects Division & Life Safety Division
Regular Overtime* Double Time** Holiday**
Technician $ 165.00 $ 247.50 $ 330.00 $ 330.00
Assistant Technician $ 135.00 $ 202.50 $ 270.00 $ 270.00
Supervisor/Project Manager/Proprietary Programmer $ 185.00 $ 277.50 $ 370.00 $ 370.00
Admin $ 115.00 $ 172.50 $ 230.00 $ 230.00
Systems Design $ 185.00 $ 277.50 $ 370.00 $ 370.00
Auto Gate & Door / Access Control Department
Regular Overtime* Double Time** Holiday**
Technician $ 165.00 $ 247.50 $ 330.00 $ 330.00
Assistant Technician $ 135.00 $ 202.50 $ 270.00 $ 270.00
Supervisor/Project Manager/Systems Programmer $ 185.00 $ 277.50 $ 370.00 $ 370.00
Admin $ 115.00 $ 172.50 $ 230.00 $ 230.00
Fire Sprinkler Department
Regular Overtime* Double Time** Holiday**
Technician $ 165.00 $ 247.50 $ 330.00 $ 330.00
Assistant Technician $ 135.00 $ 202.50 $ 270.00 $ 270.00
Supervisor/Project Manager $ 185.00 $ 277.50 $ 370.00 $ 370.00
Admin $ 115.00 $ 172.50 $ 230.00 $ 230.00
Systems Design $ 185.00 $ 277.50 $ 370.00 $ 370.00
MINIMUM CHARGE WILL BE 2 HOURS.
If travel to site plus time on site is less than 2 hours, the charge will be 2 hours. If travel to site plus time on site is more
than 2 hours, travel time to site plus time on site will be charged at 15-minute increments. If property is outside our
service area of the Greater Bay Area, return travel will be charged.
REGULAR SERVICE HOURLY RATES:
For all scheduled, non-emergency, weekday same-day service called in before 1:00 pm, and non-contract service performed
between the hours of 7:30am to 4:00pm will be charged at our current labor rate (see above table for rate).
OVERTIME AND EMERGENCY SERVICE HOURLY RATES:
For service performed Monday through Friday before 7:30 am, after 4:00 pm and all day Saturday and Sunday (excludes
contracted services), including same-day service requests received weekdays after 1:00 pm or requiring 2-hour response -
charged portal-to-portal.
HOLIDAY EMERGENCY SERVICE HOURLY RATES:
Holidays will be charged at double-time, 2-hour minimum, portal-to-portal, with over 2 hours billed in 15-minute increments.
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals Signatures:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Encumbrance this Service Order:
MA End Date:
Consultant/
Contractor
Manager/
Supervisor:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
Exhibit B
n
Choose
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 1
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
“occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by
statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly
authorized by the DIR.
☐ N/A if box checked (Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000
aggregate.
☒ N/A if box checked (Contract is not design/build)..
5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with
limits equal to the completed value of the project and no coinsurance penalty provisions.
ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS
Insurance Requirements: Exhibit C
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 2
☒ N/A if box checked (Project does not involve construction or improvements/installations to property).
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
☒ N/A if box checked (Project does not involve environmental hazards)
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL
coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG
20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and
at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall
not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a “primary and non-contributory” basis for the benefit of City.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder’s Risk
Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting
in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property
Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 3
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City’s site.
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each
insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a
sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate
Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a
Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible
corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent
with an office in California.
Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
1325217.1
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY
(Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/20/2021
(408) 680-0229
10851
Statcomm Inc.
939C San Rafael Ave.
Mountain View, CA 94043
10855
36940
A 1,000,000
X 51GL005784-211 10/1/2021 10/1/2022
100,000
Prof.Poll Limited 5,000
1,000,000
2,000,000
2,000,000
Deductible 10,000
7,000,000A
51CC002025-211 10/1/2021 10/1/2022 7,000,000
10,000
B
X STWC248939 10/1/2021 10/1/2022 1,000,000
1,000,000
1,000,000
C Pollution/Prof PEC005036904 10/1/2021 Limit 1,000,000
Cupertino City Center is included as an additional insured on General Liability policy per the attached endorsements. Waiver of Subrogation applies to
Workers Compensation policy per the attached endorsement.
Cupertino City Center
20350 Stevens Creek Blvd.
Cupertino, CA 95014
STATINC-08 BAIPATRA3
Bozzuto & Associates Insurance Services
34 S 2nd Street
Campbell, CA 95008
Mercedes Pedroza
mercedesp@dbinsurance.com
Everest Indemnity Insurance Company
Cypress Insurance Company (CA)
Indian Harbor Insurance Company
X
10/1/2022
X
X
X
X
X
X
X
Blanket where required by written contract
51GL005784-211
Blanket where required by written contract
51GL005784-211
10/01/2021
All CA Operations
Cypress Insurance Company
STWC248939
810
This policy Is issued by State Farm Mutual Automobile Insurance Company.
MUTUAL CONDITIONS
1.Membership. While this policy Is in force, the first insured shown on the Declarations Page isentitled to vote at all meetings of members and to receive dividends the Board of Directors inits discretion may declare in accordance with reasonable classifications and groupings of
policyholders established by such Board.
2. No Contingent Liability. This policy is non-assessable.
3. Annual Meeting. The annual meeting of the members of the company shall be held at Itshome office at Bloomington, Illinois, on the second Monday of June at the hour of 10:00 A.M.,unless the Board of Directors shall elect to change the time and place of such meeting, inwhich case, but not otherwise, due notice shall be mailed each member at the address
disclosed in this policy at least 10 days prior thereto.
In Witness Whereof, the State Farm Mutual Automobile Insurance Company has caused this policy to be signed by its President and Secretary at Bloomington, Illinois.
�m-�
Secretary Presidont
IMPORTANT NOTICE:
California law requires us to provide you with information tor filing complaints with the State Insurance Department regarding the coverage and service provided under this policy.
Your agent's name and contact information are provided on the front of this document. Another option is to reach out by mail or phone directly to:
State Farm<!t Executive Customer Service PO Box2320 Bloomington IL 61702 Phone # 1-800-ST ATEFARM (1-800-782-8332)
Department of Insurance complaints should be filed only after you and State Farm or your agent or other company representative have tailed to reach a satisfactory agreement on a problem.
California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Phone# 1-800-927-HELP (4357} or visit www.insurance.ca.goy/01-consymers
NOTICE
We are required to furnish you with the following information:
1.An automobile liability insurance company may cancel a policy before the end of the current policyperiod for reasons described in the provision titled Cancellation which is located in the General Termssection of your policy (refer to the Contents in the beginning of your policy for the page number).
2.An automobile liability insurance company may increase the premium or refuse to renew the policy forany of the following reasons:
a. Accident involvement by an insured, and whether an insured is at fault in the accident.
b.A change in, or an addition of, an insured vehicle.
c. A change in, or addition of, an insured under the policy.
d.A change in the location of garaging of an insured vehicle.
e. A change in the use of the insured vehicle.
f. Convic_tions for violating .any provision of the Vehicle Code or the Penal Code relating to theoperation of a motor vehicle.
g. The payment made by an insurer due to a claim filed by an insured or a third party.
An automobile liability insurance company may increase the premium or refuse to renew the policy for
reasons that are not listed above but which are lawful and not unfairly discriminatory.
mb2
6030GF BUSINESS NAMED INSURED
This endorsement is a part of the policy. Because of lhc lyp-0 of 09111ed in<u1-ed •howu on lhe Declarations Page of this policy and the changes mndc below, all references to re.ti.dent relatives and 11n11.rmined cars in the policy nrc deleted. Except tor the changes this endorsement makes, all other provisions of the policy remain the same and apply lo this endorsement. I. DEFINITIONS lou or lour is changed 10 read:
]bu or Jbur means the named insured or named insureds shown on the Declarations Pege.
2. LIABILITY COVERAGE a. Additional Definition
l11sured is changed to read:
Insured means: 1. you for:
a. the ow11ership, maintenance, oruscoF:
(I) your car;
(2) a newly acquired car, or
(3) n trailer; and
b. the muink.-nw1cc or l.18C of a temporary subl1itute car, 2. any person for his or her use of: a. ,·our car,
b. ft newly acquired car;
c. a temporary subsrilute car, or
d.a trailer while attached 10 a car described in a., b., or c.obove. Such vehicle must be used with your permission, cxpr�ss or implied, and within the scope of Iha\ permission, and
3. any other person or org1111ization vicariously liable for the use of a vehicle by on ii,sured as defined in I. or 2. above, but only for such ,icarious liability. This provision applies only rf the vehicle is:
a. neither moued hy, nor hired by, that other person or organit.ution; Md b. neiU1er avuilsble for, nor being used fo.r. carrying per.sons for a charge.
llls11red docs 110\ include the United States of America or eny of its agencies, b.Exclusions (!) Exclusion 5. is changed to reud:
FOR BODILY INJURY TO Il!AT JNS/JRED'S FELLOW EMPLOYEE WJ-IILll TIIE FELLOW EMPLOYEE IS IN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT;
(2) Exclusion 7. is changed lo read:
WTIJLE MAINTAINING OR USlNG A VEI-OCLE TN CONNECTION WITH THAT lNSURED'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CAR BUSINESS. This exclusion does not apply to: a. yor,; or 6030GF Page I of3 C, Cop)1·ight, State farm Murual Automobile lmmrance Company, '201 S
OOOl'iO� •·J.S
b, any of your asenls, em• 3. MEDICAL PAYMENTS COVERAGE ployee9, or busme9s part-a. Additlonnl Definitions ners while maintaining or using your car, o 1tewly acquired car, a temporary subslilute car, or a lraili'r owned by you;
(3) The following exclusion is added:
THERE JS NO COVERAGE FOR AN INSURED FOR DAMAGES RESULTING FROM:
I.THE HANDLING OF PROPERTY BEFORE IT lS MOVED FROM THEPLACh WliERE IT ISi\CCE.P'lED DY THE INSURED FOR MOVEMENT INTO OR ONTO A Vfill!CLE FOR WHICH TIJE JNSUIIED IS PROVIDED LIADILJTY COVERAGE BY THIS POLICY;
2. THE HANDLING OF PROPERTY AFTER IT JS MOV£0 f'ROM THE VEIIICLE DESCRIBED IN I. ABOVE TO Tiffi PLACE WHERE IT IS Fl· NALLY OELlVEREO BY THE INSURED; OR
3. THE MOVEMENT OF PROPERTY BY MEANS OF A MECHANICAL DEVICE, OTHER THAN A HAND TRUCK, THAI IS NOT ATTACI-ffiD TO TIIE VEI-IICLE DESCRIBED IN I. ABOVE.
Insured is changed lo read:
Insured means any penwn while occupying:
l. your car;
2. a newly acquired car,
3. a temporary sub.itilule car; or
4. a rrai.k, while attached to a car described in 1., 2., o.r3. above. Such vehicle must be used within the scope of your consent.
b. Exclusions
(l) Exclusion I. is deleted.
(2) Exclusion 4. Is changed to read:
TI !ERE IS NO COVERAGE FOR AN INSURED WIIO IS OCCUPYING A VfililCLE WHILEIT IS:
a. MADE AVAl.L.i\13LE; OR
b. BEING USED
TO CARRY PERSONS FOR A CHARGE;
(3) Exclusion S. is changed to rc•d:
Wl-llLE MAINTAINING OR USING I\ VEI-IlCLE IN CONNECTION WITH THAT INSURl:.'D'S llMPLOYMENT IN OR ENGAGEMENT OF AfN KIND IN A CAR BUSINESS. This exclusion does not ttpply to any of your:
a. agents; b. employees; or
c. business partners
while maintaining or using your car, a newly acquired car, n
6030GF Pagc2 of3 0, Copyright. Stotc Fmn Mutual Automobile Insurance Company, 2015
6771BD AMENDMENT OF NONRENEWALAND CANCELLATION
This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same Rnd apply to this endorsement. CENllRAL TERMS J. Item 8. is changed to read: 8. Nonnmewul If we decide not to renew this policy, then, at least 60 days before the end of the current policy period, we will mail or deliver a nonrencwal nolicc to the mos! recent policy address that we have on record for thenamed insured who is shown on the Declarations Page.
2. Item 9.b. is changed to read:
9. CttnceUtttion
b. How and When We May Cane-el
We may cancel U1i, policy by mailing or delivering o written notice to !he most recent policy address !hat we have on record for lhe named insured who is shown on the Ded•rations Page. TI1e notice will provide the date cancellation is cftCCti vc.
( l) If we mail or deliver • can· cellation notice:
(a) during the first 59 days following this policy's effective date;
(b) because lhe premium is not paid when due� or (c) because offraud,
then the date cancellation is cfiective will be at least 10 day8 aOt:r the date we mail or deliver the cancellation notice.
Otherwise the date cancellation is clrcctivc will be at least 30 days after the date we mail or deliver the cancellation notice.
(2) After this policy hos been in force for more than 59 days, we will not cancel this policy before the end of the current policy period unless:
(a) the premium is not paid when due� or (b) U1c cancellation is for any other n:ason allowed by California law.
677IDD Pagel of! C, Copyright. State Fam1 Mutual Automobile Insoranoe Company, 2011 OOH<OIO ,.,.
6164DP HIRED CAR LIABILITY COVERAGE
This endorsement is a part of tl1e policy. Except for the changes tl1is endorsement makes. nil other provisions of the policy remain tl1c !i.Rmc and apply to this endorsement.
I.DEFINITIONS 3. ony of ynur business p.utners;
a.Ownetl By is changed to read: 4. any of your executive ollicers;
Owtu:d By means:
1. owned by, 2. registered to; or3. leased, if the lease is written for • period of 6 or more consecutive months, to. b. 'fhe following definition is added: Hired Ca.r mcnns, when used under contract on your behalf or loaned to you:
1. a land motor vehicle designed for use primarily on public roads;
2. any type of'trailer or semitrailer dcsi1111ed for use primarily on public roads; nnd 3. mobile equipment designed for use primarily off public roads:
a. while used on public roads solely for locomotion, if self-propelled and not equipped with crawler• tread s; or
b. while being transported on public roads if being towed by or carried on a land mo· tor vehicle designed for uso primarily on public roads and insured with us.
Hired Ca, does not include any vehicle that is ownetl by:
I. you;
2. any of your employees;
or
5. any person who resides primarily with a person described in l., 2.9 3 .• or 4. im mediately preceding.
2.LIABILITY COVERAGE a. Additional Definition Insure,l is changed to read: /trsured means:
1. you for the mainlenance or use of a /,ired car,
2. any person while using a hired car. The hired c<1r must be used with your pcnnission, ex• flT'CSS or implied, and within the scope of that pennission; and
3. ony other person or organization vicariously liable for the use of a hired car by an i11-.m,ed as defined in 1. or 2. above, but only for such vicarious liahility.
Tn.(ured docs not include: I. the owner of a hi.red car�
2. any other person or or• ganizntion, including its agents or employees, who rents, leases, or loans the !tired car to you or any person or organization for use on your behalf; or 3. the United States of Amcrict1 or any of its agencies. Pago l of2 C, Copyright, State Farm Mun1a.l Automobile Jnsuranco Company, 2015 6164DP
Statcomm Inc for Fire Suppression Testing and
Maintenance at Various City Facilities
Final Audit Report 2022-02-28
Created:2022-02-04
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAr4Eq1uJll9ZK7FZOKKX6_Cy4Tvgkp8Wp
"Statcomm Inc for Fire Suppression Testing and Maintenance at
Various City Facilities" History
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