1 THIRD AMENDMENT TO AGREEMENT 653BETWEEN
THE CITY OF CUPERTINO AND TANKO LIGHTING
FOR CONSTRUCTION MANAGEMENT AND
CONSULTING SERVICES FOR VARIOUS CIP
PROJECTS
ThisThird Amendmentto Agreement653is by andbetweentheCity of Cupertino, a municipalcorporation (hereinafter "City") andTankoLighting a Corporation (“Contractor”) whose addressis220BayshoreBlvd, SanFrancisco, CA 94124andis madewith referenceto thefollowing:
RECITALS:
A. TheCity andContractorenteredinto anAgreementfor ConstructionManagementand ConsultingServicesfor VariousCIPProjectseffectiveJanuary10,2023 (“Original Agreement”) with termexpiringJune30, 2024.
B. TheCity andConsultantenteredinto a First AmendedAgreementfor Construction ManagementandConsultingServicesfor VariousCIPProjects (“FirstAmendment”) effectiveApril 22,2024, with termexpiringJune30, 2026.
C. TheCity andConsultantenteredinto a SecondAmendedAgreementfor Construction ManagementandConsultingServicesonVariousCIPProjects (SecondAmendment”) effectiveSeptember6, 2024, with termexpiringJune30, 2026.
D. TheOriginalAgreement, First AmendmentandSecondAmendmentarecollectively referredto asthe “Agreement” unlessotherwiseindicated.herein.
NOW, THEREFORE, it is mutuallyagreedby andbetweentheundersignedpartiesas follows:
1. Paragraph2.1 of theAgreementis modifiedto readasfollows: Scopeof Services. Consultant agreesto providetheServices “asneeded” andassetforth in theScopeof Services, attached andincorporatedhereasExhibit A. TheServicesmustcomplywith this Agreementandwith eachServiceOrderissuedundertheauthorityof theCity Directorof PublicWorksor his designee, in accordancewith thefollowing procedures. Consultantfurtheragreesto carryout its work in compliancewith anyapplicablelocal, State, or FederalorderregardingCOVID- 19.
Exhibit A of theAgreementis modifiedasfollows: additionalScopeof Services, attached hereandincorporatedasExhibit A-2
2. Paragraph4.1of theAgreementis modifiedto readasfollows: MaximumCompensation. City will payConsultantfor satisfactoryperformanceof theServicesa totalamountthatwill based uponactualcostsbutthatwill becappedsoasnotto exceed $ 306,914 (“ ContractPrice”), basedonthebudgetandratessetforth in Exhibit C, Compensation, attachedandincorporated here. TheContractPriceincludesall expensesandreimbursementsandwill remainin place 2 evenif Consultant’ s actualcostsexceedthecappedamount. No extrawork or paymentis permittedin excessof theContractPrice.
Exhibit C of theAgreementis modifiedasfollows: additionalCompensation, attached andincorporatedhereasExhibit C-2
3. Exceptasexpresslymodifiedherein, all othertermsandcovenantssetforth in the Agreementshallremainin full forceandeffect.
IN WITNESSWHEREOF, thepartiesheretohavecausedthis modificationof Agreement to beexecuted.
CITY OFCUPERTINO
By
Title
Date
APPROVEDAS TO FORM
City Attorney
ATTEST:
City Clerk
Date
TANKO LIGHTING
By
Title
Date
Jason Tanko
Chief Executive Officer
02/ 06/ 2025
Christopher D. Jensen
City Manager
02/ 12/ 2025
02/ 12/ 2025
Page1 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
ConstructionManagement – Scopeof Services
Task1.0: LEDConversionPhase
Task1.01: CommunityOutreachandNotification
CONSULTANTshallcoordinatewith the CITY’s mediaoffice to help developa communityoutreachand notification plan prior to the commencementof any project activities. The plan will ensureproject awarenessand minimizepublicdisturbance. CONSULTANTshalldevelopthe messageand providethe plannedinstallationscheduleto the CITY’smediastaff for distribution throughthe CITY’s existingmedia outlets (pressreleases, website, etc.).
Deliverables:
ProjectMessagingandSchedule: Specificlanguage, draft pressrelease, andtimelinesrelatedto installationto assistwith notifyingcommunitymembersof the project.
Pricing – Task1.01: CommunityOutreachandNotification
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 10 $ 2,500
ProjectManager $ 188 32 $ 6,016
DataAnalyst $ 156 12 $ 1,872
TotalNot to ExceedPrice: $ 10,388
Task1.02: LogisticsManagement
CONSULTANTshall:
Ensurethe selectedinstallationcontractorstagesthe receiptof fixture shipmentsfor installationin a mannerthat ensuresthe securedstorageof materials.
Providethe CITYwith a scheduleof anticipatedshippingdatesfor materialsoncethe materialsorder isplaced.
Develop an installation plan that minimizes inconvenienceto the CITYand includes ordering schedules, traffic control plans, waste disposaland recyclingprocedures (that comply with all applicableStateand Federallaws), andinstallationandcommissioningschedulesasrequiredto the CITY.
Facilitatea pre-constructionKick-Off meetingwith CITYstaff andthe installationcontractorto review the traffic control plans, work safety, permitting requirementspublic safety and waste material handlingproceduresandrequirementsprior to the start of installation.
Coordinateandparticipatein regularlyscheduledprogressmeetingswith CITYstaff.
Deliverable:
LogisticsManagementDetails: Ordering, traffic controlplans, requiredpermits, disposalstrategy, pre-constructionmeeting, ongoingmeetings, installationandcommissioningschedules.
ExhibitA2 - C2
Page2 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Pricing – Task1.02: LogisticsManagement
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 21 $ 5,250
ProjectManager $ 188 104 $ 19,552
DataAnalyst $ 156 67 $ 10,452
TotalNot to ExceedPrice: $ 35,254
Task1.03: Installation Management
CONSULTANTshall:
DevelopinstallationmapsandprovideinstallersandrelevantCITYstaff for accurateprojecttracking.
Ensurethat any polesmissingpole tagsare updatedwith pole tagsconsistentwith CITY’s existing system.
Ensurethat installersareequippedwith handhelddevicesandtrain them in collectingrelevantdata on both the HPSfixturesbeingremoved, aswell asthe LEDfixturesbeinginstalled.
Trackeachcrew’sdailyprogressviatime-stampeddataon everyfixture location.
Provideimmediateinstructionto crewson anycoursecorrectionsnecessary.
Deliverable:
InstallationMaps: Mapswith locationsandfixtureinformationusedto dispatchinstallationcrews andallowCITYstaff to trackinstallationroutes.
WeeklyInstallationReport: A detailedlisting of the locationscompletedduring the installation phase, alongwith mapscorrespondingto locations.
Pricing – Task1.03: Installation Management
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 10 $ 2,500
ProjectManager $ 188 109 $ 20,492
DataAnalyst $ 156 173 $ 26,988
TotalNot to ExceedPrice: $ 49,980
Task1.04: CommissioningCoordination
CONSULTANTshallensurethat the installersperform final inspectionon all fixtures, correctany “punch list” items, test lightsto ensurethat they work, andidentify locationswhererepairneedsCITYassistance.
CONSULTANTshallprovidea completecommissioningreport outlining any errors and actionstaken to correcterrors.
Deliverable:
CommissioningReport: Detailedanalysisof final installationverificationandtesting, including anoutline of anyerrorsandactionstakento correcterrors.
Page3 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Pricing – Task1.04: CommissioningCoordination
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 8 $ 2,000
ProjectManager $ 188 45 $ 8,460
DataAnalyst $ 156 39 $ 6,084
TotalNot to ExceedPrice: $ 16,544
Task1.05: RebateandTariff ChangeCoordination
CONSULTANTshall:
Researchany availablerebate programsand facilitate all necessarytasksto ensurethat the CITY receivesthe rebatesandbillingchangesfor whichit iseligible.
Prepare all necessaryand required documentation for the rebates and submit these to the appropriatedepartmentswithin the agency.
Followup with the agencyto confirmthe materialshavebeenreceivedandarein process.
Assistthe CITYwith responsesto anyutility/ agencyquestionsregardingthe submittedapplications for rebates.
Coordinatewith the utility on changingtariffsto the newly-installedLEDfixtureratesbypreparingthe necessarydocumentation, submittingit to the utility, confirmingthe materialshavebeenreceived, andobtainingthe timing for the modificationto be processed.
If known, providethe contactinformationfor the appropriateparty addressinganyrate changesfor the CITY.
Assistthe CITYwith responsesto anyutility questionsregardingthe submittedapplicationsfor tariff changes.
Deliverable:
RebateandTariffChangeDocumentation: A compilationof copiesof paperworksubmittedand processedwith the utility regardingrebateapplicationsandtariff changes.
Pricing – Task1.05: RebateandTariff ChangeDocumentation Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 0 $ 0
ProjectManager $ 188 32 $ 6,016
DataAnalyst $ 156 35 $ 5,460
TotalNot to ExceedPrice: $ 11,476
Task1.06: FinalReporting
CONSULTANTshallcoordinateall final reportinganddatarequirementsto ensurethat the CITYconsiders the projectiscompliantandcomplete. Thisincludesfinalizingthe GISlayerwith designandconstruction dataandupdatingthe analysisof grosscost, savings, incentives, net cost, andpaybackof finalizeddesign, includinganyoperationand maintenanceof costsandsavings. Additionally, CONSULTANTshallprovide contactsandthe processwherebythe CITYcanobtainwarrantysupportwith the manufacturer(s) should it be necessary.
Page4 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Deliverable:
FinalReportingDocumentation: Finalrequirementsnecessaryto processthe availablerebates andtariff changeswith the CITY, aswell aspost-constructionelectronicGISrecordsfor all newly- installed streetlightsin the CITY, includingall wattages, badgenumbers, locations, and other associateattributes, andenvironmentaldisposaldocumentation.
Pricing – Task1.06: FinalReporting
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 10 $ 2,500
ProjectManager $ 188 69 $ 12,972
DataAnalyst $ 156 70 $ 10,920
TotalNot to ExceedPrice: $ 26,392
OPTIONAL – Task1.07: Remedyof Miss-Billings
Basedon the resultsof the DataReconciliationReport, CONSULTANTshallprovideadditionalassistance reconcilingthe streetlightbillingdiscrepancieswith the utility to credit the CITYfor anymiss-billings.
Deliverable:
Miss-Billing Documentation: Submissionof required documentationto utility to remedy any streetlightmis-billings. Followup meetingandcoordinationwith CITYandutility asneeded.
Pricing – Task1.07: Remedyof Miss-Billings
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 0 $ 0
ProjectManager $ 188 12 $ 2,256
DataAnalyst $ 156 16 $ 2,496
TotalNot to ExceedPrice: $ 4,752
OPTIONAL – Task1.08: CustomDesignfor DecorativeFixtures Anydecorativefixture beyondthe standarddesignprocess (definedasanynon-cobraheadfixture where the designcanbe determinedthrough the audit processor hasalreadybeen designed) will require a customLEDreplacementdesign, providedon a per customdesigncreated (not on a per fixture basis).
CONSULTANTshalldesignthe customLEDretrofit (note this shallbeonecustomdesignfor anestimated twenty (20) shoeboxfixtures), dispatchof a contractorto measurethe fixture, designof a custominsert, coordinationwith a metal fabricatorto createa sample, etc. Shouldthe CITYopt for this Task, it will be performedprior to Task1.03 – InstallationManagement.
Deliverable:
CustomRetrofit Fixture: A customdesignedLEDretrofit that preservesthe aestheticsof the existingshoeboxfixture while providingthe improvedlight qualityandenergysavingbenefits.
Page5 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Pricing – OPTIONALTask1.08: CustomDesignfor DecorativeFixtures Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 4 $ 1,000
ProjectManager $ 188 6 $ 1,128
DataAnalyst $ 156 0 $ 0
TotalNot to ExceedPrice: $ 2,128
Summaryof Services
Task Not to ExceedPrice
Task1.01: CommunityOutreachandNotification $ 10,388
Task1.02: LogisticsManagement $ 35,254
Task1.03: InstallationManagement $ 49,980
Task1.04: CommissioningCoordination $ 16,544
Task1.05: RebateandTariffChangeCoordination $ 11,476
Task1.06: FinalReporting $ 26,392
TotalNot to ExceedPrice: $ 150,034
OptionalTasks
OPTIONALTask1.07: Remedyof Miss-Billings $ 4,752
OPTIONALTask1.08: CustomDesignfor DecorativeFixtures $ 2,128 TotalCostfor OptionalAdders (Not includedin the above): $ 6,880 Page1 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
ConstructionManagement – Scopeof Services
Task1.0: LEDConversionPhase
Task1.01: CommunityOutreachandNotification
CONSULTANTshallcoordinatewith the CITY’s mediaoffice to help developa communityoutreachand notification plan prior to the commencementof any project activities. The plan will ensureproject awarenessand minimizepublicdisturbance. CONSULTANTshalldevelopthe messageand providethe plannedinstallationscheduleto the CITY’smediastaff for distribution throughthe CITY’s existingmedia outlets (pressreleases, website, etc.).
Deliverables:
ProjectMessagingandSchedule: Specificlanguage, draft pressrelease, andtimelinesrelatedto installationto assistwith notifyingcommunitymembersof the project.
Pricing – Task1.01: CommunityOutreachandNotification
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 10 $ 2,500
ProjectManager $ 188 32 $ 6,016
DataAnalyst $ 156 12 $ 1,872
TotalNot to ExceedPrice: $ 10,388
Task1.02: LogisticsManagement
CONSULTANTshall:
Ensurethe selectedinstallationcontractorstagesthe receiptof fixture shipmentsfor installationin a mannerthat ensuresthe securedstorageof materials.
Providethe CITYwith a scheduleof anticipatedshippingdatesfor materialsoncethe materialsorder isplaced.
Develop an installation plan that minimizes inconvenienceto the CITYand includes ordering schedules, traffic control plans, waste disposaland recyclingprocedures (that comply with all applicableStateand Federallaws), andinstallationandcommissioningschedulesasrequiredto the CITY.
Facilitatea pre-constructionKick-Off meetingwith CITYstaff andthe installationcontractorto review the traffic control plans, work safety, permitting requirementspublic safety and waste material handlingproceduresandrequirementsprior to the start of installation.
Coordinateandparticipatein regularlyscheduledprogressmeetingswith CITYstaff.
Deliverable:
LogisticsManagementDetails: Ordering, traffic controlplans, requiredpermits, disposalstrategy, pre-constructionmeeting, ongoingmeetings, installationandcommissioningschedules.
ExhibitA2 - C2
Page2 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Pricing – Task1.02: LogisticsManagement
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 21 $ 5,250
ProjectManager $ 188 104 $ 19,552
DataAnalyst $ 156 67 $ 10,452
TotalNot to ExceedPrice: $ 35,254
Task1.03: Installation Management
CONSULTANTshall:
DevelopinstallationmapsandprovideinstallersandrelevantCITYstaff for accurateprojecttracking.
Ensurethat any polesmissingpole tagsare updatedwith pole tagsconsistentwith CITY’s existing system.
Ensurethat installersareequippedwith handhelddevicesandtrain them in collectingrelevantdata on both the HPSfixturesbeingremoved, aswell asthe LEDfixturesbeinginstalled.
Trackeachcrew’sdailyprogressviatime-stampeddataon everyfixture location.
Provideimmediateinstructionto crewson anycoursecorrectionsnecessary.
Deliverable:
InstallationMaps: Mapswith locationsandfixtureinformationusedto dispatchinstallationcrews andallowCITYstaff to trackinstallationroutes.
WeeklyInstallationReport: A detailedlisting of the locationscompletedduring the installation phase, alongwith mapscorrespondingto locations.
Pricing – Task1.03: Installation Management
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 10 $ 2,500
ProjectManager $ 188 109 $ 20,492
DataAnalyst $ 156 173 $ 26,988
TotalNot to ExceedPrice: $ 49,980
Task1.04: CommissioningCoordination
CONSULTANTshallensurethat the installersperform final inspectionon all fixtures, correctany “punch list” items, test lightsto ensurethat they work, andidentify locationswhererepairneedsCITYassistance.
CONSULTANTshallprovidea completecommissioningreport outlining any errors and actionstaken to correcterrors.
Deliverable:
CommissioningReport: Detailedanalysisof final installationverificationandtesting, including anoutline of anyerrorsandactionstakento correcterrors.
Page3 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Pricing – Task1.04: CommissioningCoordination
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 8 $ 2,000
ProjectManager $ 188 45 $ 8,460
DataAnalyst $ 156 39 $ 6,084
TotalNot to ExceedPrice: $ 16,544
Task1.05: RebateandTariff ChangeCoordination
CONSULTANTshall:
Researchany availablerebate programsand facilitate all necessarytasksto ensurethat the CITY receivesthe rebatesandbillingchangesfor whichit iseligible.
Prepare all necessaryand required documentation for the rebates and submit these to the appropriatedepartmentswithin the agency.
Followup with the agencyto confirmthe materialshavebeenreceivedandarein process.
Assistthe CITYwith responsesto anyutility/ agencyquestionsregardingthe submittedapplications for rebates.
Coordinatewith the utility on changingtariffsto the newly-installedLEDfixtureratesbypreparingthe necessarydocumentation, submittingit to the utility, confirmingthe materialshavebeenreceived, andobtainingthe timing for the modificationto be processed.
If known, providethe contactinformationfor the appropriateparty addressinganyrate changesfor the CITY.
Assistthe CITYwith responsesto anyutility questionsregardingthe submittedapplicationsfor tariff changes.
Deliverable:
RebateandTariffChangeDocumentation: A compilationof copiesof paperworksubmittedand processedwith the utility regardingrebateapplicationsandtariff changes.
Pricing – Task1.05: RebateandTariff ChangeDocumentation Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 0 $ 0
ProjectManager $ 188 32 $ 6,016
DataAnalyst $ 156 35 $ 5,460
TotalNot to ExceedPrice: $ 11,476
Task1.06: FinalReporting
CONSULTANTshallcoordinateall final reportinganddatarequirementsto ensurethat the CITYconsiders the projectiscompliantandcomplete. Thisincludesfinalizingthe GISlayerwith designandconstruction dataandupdatingthe analysisof grosscost, savings, incentives, net cost, andpaybackof finalizeddesign, includinganyoperationand maintenanceof costsandsavings. Additionally, CONSULTANTshallprovide contactsandthe processwherebythe CITYcanobtainwarrantysupportwith the manufacturer(s) should it be necessary.
Page4 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Deliverable:
FinalReportingDocumentation: Finalrequirementsnecessaryto processthe availablerebates andtariff changeswith the CITY, aswell aspost-constructionelectronicGISrecordsfor all newly- installed streetlightsin the CITY, includingall wattages, badgenumbers, locations, and other associateattributes, andenvironmentaldisposaldocumentation.
Pricing – Task1.06: FinalReporting
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 10 $ 2,500
ProjectManager $ 188 69 $ 12,972
DataAnalyst $ 156 70 $ 10,920
TotalNot to ExceedPrice: $ 26,392
OPTIONAL – Task1.07: Remedyof Miss-Billings
Basedon the resultsof the DataReconciliationReport, CONSULTANTshallprovideadditionalassistance reconcilingthe streetlightbillingdiscrepancieswith the utility to credit the CITYfor anymiss-billings.
Deliverable:
Miss-Billing Documentation: Submissionof required documentationto utility to remedy any streetlightmis-billings. Followup meetingandcoordinationwith CITYandutility asneeded.
Pricing – Task1.07: Remedyof Miss-Billings
Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 0 $ 0
ProjectManager $ 188 12 $ 2,256
DataAnalyst $ 156 16 $ 2,496
TotalNot to ExceedPrice: $ 4,752
OPTIONAL – Task1.08: CustomDesignfor DecorativeFixtures Anydecorativefixture beyondthe standarddesignprocess (definedasanynon-cobraheadfixture where the designcanbe determinedthrough the audit processor hasalreadybeen designed) will require a customLEDreplacementdesign, providedon a per customdesigncreated (not on a per fixture basis).
CONSULTANTshalldesignthe customLEDretrofit (note this shallbeonecustomdesignfor anestimated twenty (20) shoeboxfixtures), dispatchof a contractorto measurethe fixture, designof a custominsert, coordinationwith a metal fabricatorto createa sample, etc. Shouldthe CITYopt for this Task, it will be performedprior to Task1.03 – InstallationManagement.
Deliverable:
CustomRetrofit Fixture: A customdesignedLEDretrofit that preservesthe aestheticsof the existingshoeboxfixture while providingthe improvedlight qualityandenergysavingbenefits.
Page5 of 5
ServiceOrder No. 3 to MasterServiceAgreementConsultantServices – Cityof Cupertino & TankoStreetlighting, Inc.
Pricing – OPTIONALTask1.08: CustomDesignfor DecorativeFixtures Position HourlyRate EstimatedHours ExtendedPrice
Principal $ 250 4 $ 1,000
ProjectManager $ 188 6 $ 1,128
DataAnalyst $ 156 0 $ 0
TotalNot to ExceedPrice: $ 2,128
Summaryof Services
Task Not to ExceedPrice
Task1.01: CommunityOutreachandNotification $ 10,388
Task1.02: LogisticsManagement $ 35,254
Task1.03: InstallationManagement $ 49,980
Task1.04: CommissioningCoordination $ 16,544
Task1.05: RebateandTariffChangeCoordination $ 11,476
Task1.06: FinalReporting $ 26,392
TotalNot to ExceedPrice: $ 150,034
OptionalTasks
OPTIONALTask1.07: Remedyof Miss-Billings $ 4,752
OPTIONALTask1.08: CustomDesignfor DecorativeFixtures $ 2,128 TotalCostfor OptionalAdders (Not includedin the above): $ 6,880
CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2010/ 05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE ( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-
POLICY
GEN' L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES ( Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $
RETENTIONDED
CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
E. L. DISEASE - POLICY LIMIT
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON- OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $
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.
INSR
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
A/ C, No, Ext):
PRODUCER
ADDRESS:
E- MAIL
FAX
A/ C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1, 000, 000
2M/ 4M
751717672
751717672
220 Bayshore Blvd.
220 Bayshore Blvd.
City of Cupertino
Cupertino City Hall
05/ 19/ 25
X
X
Professional
50, 000
25674
25674
15792
15792
10833
10833
1, 000, 000
25682
25682
4, 000, 000
RE: Master Agreement for Construction Management
1- 888- 845- 2248
1- 888- 845- 2248
XX
X
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:
General Liability Deductible:$ 5, 000 BI/ PD Deductible per Occurrence Workers' Comp Deductible: $ 0
05/ 19/ 25
Auto Deductible: Comp $ 1, 000, Coll $ 1, 000
05/ 19/ 24
USA
X
05/ 19/ 25
Tanko Street Lighting, Inc.
Tanko Street Lighting, Inc.
DBA: Tanko Lighting
DBA: Tanko Lighting
VIFX003004
UB- 5K373797- 24- 14- G
05/ 19/ 24
1, 000, 000
05/ 19/25X
X
maggi12
2 2
X
X
05/ 19/ 24
2, 000, 000
X
Suite 1190
Suite 1190
Cupertino, CA 95014
1901 S. Bascom Avenue
1901 S. Bascom Avenue
5, 000
TRAVELERS IND CO OF CT
TRAVELERS IND CO OF CT
GEMINI INS CO
GEMINI INS CO
UNDERWRITERS AT LLOYDS LONDON
UNDERWRITERS AT LLOYDS LONDON
2, 000, 000
TRAVELERS PROP CAS CO OF AMER
TRAVELERSPROP CAS CO OF AMER
1, 000, 000
D
05/ 19/ 24
BA- 0N492815- 24- 14- G 05/ 19/ 24
San Francisco, CA 94124 USA
San Francisco, CA 94124 USA
Y
C
A
A
X
VIGP027296
1, 000,000B
01/ 24/ 2025
01/ 24/ 2025
PSM0039964400
X
X
4, 000, 000
1, 000, 000
LIC # 0L72977
LIC # 0L72977
10300 Torre Avenue
Campbell, CA 95008 USA
Campbell, CA 95008 USA
05/ 19/ 25
Each/ Aggregate
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
X
SUPP ( 05/ 04)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:
Additional Description of Operations/ Remarks from Page 1:
Additional Information:
Notice of Cancellation per attached form.
Automobile Liability:
Primary Wording per attached form.
Additional Insured per attached forms.
Waiver of Subrogation per attached form.
Notice of Cancellation per attached form.
Per Project Aggregate per attached form.
Workers Compensation:
Waiver of Subrogation per attached form.
General Liability:
Notice of Cancellation per attached form.
Includes:
Tanko Street Lighting, Inc.
DBA: Tanko Lighting
01/ 24/ 2025
Additional Insured and Waiver of Subrogation per attached form.
Primary Wording per attached form.
VE 01 39 05 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission
Policy Number: VIGP027296 VE 01 39 05 15
Insured Name: Tanko Streetlighting, Inc.
Number: 41 Effective Date: 12/ 18/ 2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO DESIGNATED ENTITIES
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization: City of Cupertino
Street Address: 10300 Torre Avenue
City: Cupertino
State: CA
Zip Code: 95014
TRANSACTION PREMIUM CHARGE
250. 00
If we cancel this policy on or before the expiration date of the policy, we will mail or deliver to the person or organization shown in the schedule above, written notice of cancellation to the address included above at least 30 days before the effective date of cancellation.
Notice of cancellation will state the effective date of cancellation. The policy will end on that date.
If the notice is mailed, proof of mailing shall be sufficient proof of notice This endorsement shall not apply for the following reasons:
a. Cancellation for nonpayment of premium; or
b. Non- renewal of the policy for any reason.
All other terms and conditions of the policy shall apply and remain unchanged.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VIGP027296 CG 24 04 12 19
Insured Name: Tanko Streetlighting, Inc.
Number: 42 Effective Date: 12/ 18/ 2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US ( WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Schedule
Name Of Person( s) Or Organization( s):
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
of Section IV – Conditions:
We waive any right of recovery against the
person( s) or organization( s) shown in the
Schedule above because of payments we make
under this Coverage Part. Such waiver by us
applies only to the extent that the insured has
waived its right of recovery against such
person( s) or organization( s) prior to loss. This
endorsement applies only to the person( s) or
organization( s) shown in the Schedule above.
All other terms and conditions of this Policy remain unchanged.
VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission
Policy Number: VIGP027296 VE 09 73 04 20
Insured Name: Tanko Streetlighting, Inc.
Number: 33 Effective Date: 05/ 19/ 2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if:
1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and
2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured.
Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured.
All other terms and conditions of this Policy remain unchanged.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the " products- completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Any person or organization for whom you are
performing “commercial construction” during the
period of this policy and have agreed in a written
contract to add as an additional insured for
products-completed operations. “Commercial
construction” does not include any habitational or
residential construction other than hotels or
apartments
VIGP027296
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured( s) at the
location of the covered operations has been
completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
VIGP027296
Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
VE 04 87 12 13 Page 1 of 2
Policy Number: VE 04 87 12 13
Insured Name:
Number: Effective Date:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION( S)
GENERAL AGGREGATE LIMIT - SUBJECT TO A
MAXIMUM AGGREGATE
This endorsement modifies insurance provided under the following:
SCHEDULE
Designated Location( s):
A. For all sums which the insured becomes legally obligated to pay as damages caused by " occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to operations at a single designated " location" shown in the Schedule above:
1. A separate Designated Location General Aggregate Limit applies to each designated " location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought; or
c. Persons or organizations making claims or bringing " suits".
3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated " location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated " location" shown in the Schedule above.
4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit.
5. All payments under this endorsement are subject to the Maximum Aggregate Limit of:
VIGP027296
Tanko Street Lighting, Inc.
5.19.2024
VE 04 87 12 13 Page 2 of 2
The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Location General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement.
B. For all sums which the insured becomes legally obligated to pay as damages caused by " occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to operations at a single designated " location" shown in the Schedule above:
1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Location General Aggregate Limit.
C. When coverage for liability arising out of the " products- completed operations hazard" is provided, any payments for damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard" will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit.
D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition:
Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad.
E. The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
POLICY NUMBER: BA- 0N492815- 24- 14- G ISSUE DATE: 12- 19-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following :
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice: ___ 3_o ___ _
WHEN WE DO NOT RENEW ( Nonrenewal): Number of Days Notice: ___ 3_ o ___ _
PERSON OR
ORGANIZATION: CITY OF CUPERTINO
ADDRESS: 10300 TORRE AVENUE
CUPERTINO CA 95014
PROVISIONS
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the
Schedule above, we will mail notice of
cancellation to the person or organization shown
in such Schedule . We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of cancellation.
B. If we do not renew this policy for any legally
permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew ( Nonrenewal) in the
Schedule above , we will mail notice of
nonrenewal to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew ( Nonrenewal) in such Schedule before the
effective date of nonrenewal.
IL T4 00 OS 19 © 2019 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 PolicyNumber: BA-0N492815-24-14-G
PolicyNumber: BA-0N492815-24-14-G
PolicyNumber: BA-0N492815-24-14-G
Policy Number: BA-0N492815-24-14-G
PolicyNumber: BA-0N492815-24-14-G
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R3 ( 00)
POLICY NUMBER:
NOTICE OF CANCELLATION
TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX CONDITIONS:
Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non- payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza- tion before the cancellation is to take effect.
You are responsible for providing us with the information necessary to accurately complete the Schedule below.
If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.
SCHEDULE
Name and Address of Designated Persons or Organizations:
ST ASSIGN:DATE OF ISSUE:
2013 The Travelers Indemnity Company. All rights reserved.
Number of
Days Notice
UB-5K373797-24-14-G
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
30 01-24 - 25
TRAVELERSJ ,
ONE TOWER SQUARE
HARTFORD CT 06183
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)- 001
POLICY NUMBER: UB- SK373797- 24- 14- G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 2. oo % of the California workers' compensation pre- mium.
Person or Organization
ANY PERSON OR ORGANIZATION FOR
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
Schedule
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective
Insured
Insurance Company
DATE OF ISSUE: 06-04-24
Policy No. Endorsement No.
Premium
Countersigned by ___________ _
ST ASSIGN: Page 1 of 1
1 SECOND AMENDMENT TO AGREEMENT 653
BETWEEN THE CITY OF CUPERTINO AND TANKO
LIGHTING FOR CONSTRUCTION MANAGEMENT
AND CONSULTING SERVICES FOR VARIOUS CIP
PROJECTS
This SecondAmendmentto Agreement653is by andbetweentheCity of Cupertino, a municipalcorporation (hereinafter "City") andTankoLighting, aCorporation (“Contractor”) whose addressis 220BayshoreBlvd., SanFrancisco, CA 94124, andis madewith referenceto thefollowing:
RECITALS:
A. TheCity andContractorenteredinto anAgreementfor ConstructionManagementand ConsultingServicesfor VariousCIP Projects, effectiveJanuary10, 2023 (“Original Agreement”) with atermexpiringon June30, 2024.
B. TheCity andtheConsultantenteredinto a FirstAmendedAgreementfor Construction ManagementandConsultingServicesfor VariousCIPProjects (“FirstAmendment”) effectiveApril 22, 2024, with a termexpiringonJune30, 2026; and C. TheOriginalAgreementandFirstAmendmentarecollectivelyreferredto asthe Agreement” unlessotherwiseindicated.
D. City andContractordesireto modify theAgreementonthetermsandconditionsset forth herein.
NOW, THEREFORE, it is mutuallyagreedby andbetweentheundersignedpartiesas follows:
1. Paragraph2.1of theAgreementis modifiedto readasfollows: Scopeof Services. Consultant agreesto providetheServices “asneeded” andassetforth in theScopeof Services, attached andincorporatedhereasExhibit A. TheServicesmustcomplywith this Agreementandwith eachServiceOrderissuedundertheauthorityof theCity Directorof PublicWorksor his designee, in accordancewith thefollowing procedures. Consultantfurtheragreesto carryout its work in compliancewith anyapplicablelocal, State, or FederalorderregardingCOVID-19.
Exhibit A of theAgreementis modifiedasfollows: additionalScopeof Services, attachedhere andincorporatedasExhibit A-1.
2. Paragraph4.1of theAgreementis modifiedto readasfollows: MaximumCompensation. City will payConsultantfor satisfactoryperformanceof theServicesatotal amountthatwill based uponactualcostsbutthatwill becappedsoasnot to exceed $179,258 (“ContractPrice”), basedon thebudgetandratessetforth in Exhibit C, Compensation, attachedandincorporated here. TheContractPriceincludesall expensesandreimbursementsandwill remainin place evenif Consultant’s actualcostsexceedthecappedamount. No extrawork or paymentis permittedin excessof theContractPrice.
Exhibit C of theAgreementis modifiedasfollows: additionalCompensation, attachedhere andincorporatedasExhibit C-1.
2 3. Exceptasexpresslymodifiedherein, all othertermsandcovenantssetforth in the Agreementshallremainthesameandshallbein full forceandeffect.
IN WITNESSWHEREOF, thepartiesheretohavecausedthis modificationof Agreement to beexecuted.
CITY OFCUPERTINO
By
Title
Date
APPROVEDAS TO FORM
City Attorney
ATTEST:
City Clerk
Date
TANKO LIGHTING
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Amendment1 ExtendTermto 6/30/2026 OriginalNTE 175,000
Amendment2 Increasefunding 4,258.00
NTE TOTAL - 179,258179,258.00
SO1 UpdatedStreetlightTransition
Assessment 2023-328 - 9,190.00
SO2 LED StreetlightTransition 2024-179 - 164,187.00
MASTERAGREEMENTBALANCE - 179,2585,881.00
Chief Executive Officer
Sep 4, 2024
Christopher D. Jensen
Director of Public Works
Sep 6, 2024
Sep 6, 2024
www.tankolighting. com
220BayshoreBlvd | SanFrancisco, CA94124 | P415.254.7579 | F415.822.3626 August28, 2024
JoAnneJohnson
Public WorksProject Manager
Department of Public Works
City of Cupertino, CA
[email protected]
RE: ProposedAdditional Scopeand Budget – Agreement653, ServiceOrderNo. 2 DearMs. Johnson,
Peryour request, please find below TankoLighting’s proposed additional scope and budget for Agreement653, ServiceOrder No. 2.
Proposed Scope of Work
Task1.06a: Updated Bid Documents
As the City is no longer interested in separatingthe material and installation bids for this project, TankoLightingwill combine the draft technical specifications and bid schedules (that arecurrently separated) into one draft technical specification and bid schedule, such that both installation and materials arecombined into one bid.
Additionally, TankoLightingwill define howanyproposed substitute fixtures will be submitted and evaluatedand will developa substitution request form that lists items to be submitted for evaluation (e.g. product cut sheets, photometric analysis, sample fixtures for field testing, etc.).
Deliverables:
Updated Bid Documents: Draft updated technical specifications and bid schedule representing a combined installation/ materials bid, as well as submission and evaluation processesfor substitute fixture requests.
Substitution Request Form: Draft document that formally requests a material substitution and lists required submittals.
Proposed Pricing
Task1.06a: Updated Bid Documents
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 5 $ 1,250
Project Manager $ 188 16 $ 3,008
Project Associate $ 156 - -
Total Not to Exceed Price: $ 4,258
Pleaselet us know if you haveanyquestions.
Regards,
JasonTanko
Chief ExecutiveOfficer
EXHIBITS A-1, C-1
CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2010/ 05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE ( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-
POLICY
GEN' L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES ( Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $
RETENTIONDED
CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
E. L. DISEASE - POLICY LIMIT
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON- OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $
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.
INSR
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
A/ C, No, Ext):
PRODUCER
ADDRESS:
E- MAIL
FAX
A/ C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER( S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1, 000, 000
2, 000, 000
750983915
750983915
220 Bayshore Blvd.
220 Bayshore Blvd.
City of Cupertino
Cupertino City Hall
05/ 19/ 25
X
X
Professional
50, 000
25674
25674
15792
15792
10833
10833
1, 000, 000
25682
25682
4, 000, 000
RE: Master Agreement for Construction Management
X
1- 888- 845- 2248
1- 888- 845- 2248
X
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:
05/ 19/ 25
05/ 19/ 24
USA
X
05/ 19/ 25
Tanko Street Lighting, Inc.
Tanko Street Lighting, Inc.
DBA: Tanko Lighting
DBA: Tanko Lighting
VIFX003004
UB- 5K373797- 24- 14- G
05/ 19/ 24
X
1, 000, 000
05/ 19/25X
X
maggi12
1 1
X
X
05/ 19/ 24
2, 000, 000
X
Suite 1190
Suite 1190
Cupertino, CA 95014
1901 S. Bascom Avenue
1901 S. Bascom Avenue
5, 000
TRAVELERS IND CO OF CT
TRAVELERS IND CO OF CT
GEMINI INS CO
GEMINI INS CO
UNDERWRITERS AT LLOYDS LONDON
UNDERWRITERS AT LLOYDS LONDON
2, 000, 000
TRAVELERS PROP CAS CO OF AMER
TRAVELERSPROP CAS CO OF AMER
1, 000, 000
D
05/ 19/ 24
BA- 0N492815- 24- 14- G 05/ 19/ 24
San Francisco, CA 94124 USA
San Francisco, CA 94124 USA
Y
C
A
408- 550- 2130
408- 550- 2130
A
X
VIGP027296
1, 000,000B
06/ 05/ 2024
06/ 05/ 2024
PSM0039964400
X
X
4, 000, 000
1, 000, 000
LIC # 0L72977
LIC # 0L72977
10300 Torre Avenue
Campbell, CA 95008 USA
Campbell, CA 95008 USA
05/ 19/ 25
Each/ Aggregate
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
X
SUPP ( 05/ 04)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:
Additional Description of Operations/ Remarks from Page 1:
Additional Information:
Automobile Liability:
Additional Insured and Waiver of Subrogation per attached form.
Primary Wording per attached form.
Additional Insured per attached forms.
Waiver of Subrogation per attached form.
Per Project Aggregate per attached form.
General Liability:
Workers Compensation:
Includes:
Waiver of Subrogation per attached form.
Tanko Street Lighting, Inc.
DBA: Tanko Lighting
06/ 05/ 2024
Primary Wording per attached form.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the " products- completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Any person or organization for whom you are
performing “commercial construction” during the
period of this policy and have agreed in a written
contract to add as an additional insured for
products-completed operations. “Commercial
construction” does not include any habitational or
residential construction other than hotels or
apartments
VIGP027296
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured( s) at the
location of the covered operations has been
completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
VIGP027296
Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission
Policy Number: VIGP027296 VE 09 73 04 20
Insured Name: Tanko Streetlighting, Inc.
Number: 33 Effective Date: 05/ 19/ 2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if:
1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and
2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured.
Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured.
All other terms and conditions of this Policy remain unchanged. 05- 19-24
24 VE 04 87 12 13 Page 1 of 2
Policy Number: VE 04 87 12 13
Insured Name:
Number: Effective Date:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION( S)
GENERAL AGGREGATE LIMIT - SUBJECT TO A
MAXIMUM AGGREGATE
This endorsement modifies insurance provided under the following:
SCHEDULE
Designated Location( s):
A. For all sums which the insured becomes legally obligated to pay as damages caused by " occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to operations at a single designated " location" shown in the Schedule above:
1. A separate Designated Location General Aggregate Limit applies to each designated " location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.
2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of:
a. Insureds;
b. Claims made or " suits" brought; or
c. Persons or organizations making claims or bringing " suits".
3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated " location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated " location" shown in the Schedule above.
4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit.
5. All payments under this endorsement are subject to the Maximum Aggregate Limit of:
VIGP027296
Tanko Street Lighting, Inc.
5.19.2024
VE 04 87 12 13 Page 2 of 2
The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Location General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement.
B. For all sums which the insured becomes legally obligated to pay as damages caused by " occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to operations at a single designated " location" shown in the Schedule above:
1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Location General Aggregate Limit.
C. When coverage for liability arising out of the " products- completed operations hazard" is provided, any payments for damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard" will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit.
D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition:
Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad.
E. The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
PolicyNumber: BA-0N492815-24-14-G
PolicyNumber: BA-0N492815-24-14-G
PolicyNumber: BA-0N492815-24-14-G
Policy Number: BA-0N492815-24-14-G
PolicyNumber: BA-0N492815-24-14-G
1 FIRST AMENDMENT TO AGREEMENT 653 BETWEEN
THE CITY OF CUPERTINO AND TANKO LIGHTING
FOR CONSTRUCTION MANAGEMENT AND
CONSULTING SERVICES FOR VARIOUS CIP
PROJECTS
This First Amendment to Agreement 653 is by and betweenthe City of Cupertino, a municipal corporation ( hereinafter " City") and Tanko Lighting, a Corporation (“ Contractor”) whose address is 220 Bayshore Blvd, San Francisco, CA 94124, and is madewith referenceto the following:
RECITALS:
A. On January10, 2023 Agreement 653 (“Agreement”) was enteredinto by and between City and Contractor for Construction Management and Consulting Services for Various CIP Projects.
B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreedby and betweenthe undersignedparties as follows:
1. Paragraph 3.1 of the Agreement is modified to read as follows: Term This Agreement begins on the Effective Date and endson June30, 2026
2. Except as expressly modified herein, all other terms and covenantsset forth in the Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
TANKO LIGHTING
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
SO #1 Updated Streetlight Transition Assessment 2023-328 9,190.00 9,190.00
Chief Executive Officer
Apr 22, 2024
Christopher D. Jensen
Assistant Director of Public Works
Apr 22, 2024
Apr 22, 2024
CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2010/ 05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE ( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-
POLICY
GEN' L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES ( Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $
RETENTIONDED
CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
E. L. DISEASE - POLICY LIMIT
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON- OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $
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.
INSR
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
A/ C, No, Ext):
PRODUCER
ADDRESS:
E- MAIL
FAX
A/ C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER( S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1, 000, 000
X
15792
15792
25674
25674
A
17221
17221
yeseniasj
Y
05/ 19/ 23
1- 888- 845- 2248
1- 888- 845- 2248
X
2, 000, 000
Each/ Aggregate
1 1
B
X
05/ 22/ 2023
05/ 22/ 2023
X
408- 550- 2119
408- 550- 2119
A 05/ 19/ 23
LIC # 0L72977
LIC # 0L72977
05/ 19/ 23
1, 000, 000
San Francisco, CA 94124
San Francisco, CA 94124
UB- 5K373797- 23- 14- G
2, 000, 000
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
X 05/ 19/ 24
05/ 19/ 23
X
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:
RE: Master Agreement for Construction Management
X
C
1, 000, 000
X
1, 000, 000
BA- 0N492815- 23- 14- CAG
68800258
68800258
X
X 1, 000, 000
X
05/ 19/ 24
USA
UNDERWRITERS AT LLOYDS LONDON
UNDERWRITERS AT LLOYDS LONDON
TRAVELERS PROP CAS CO OF AMER
TRAVELERS PROP CAS CO OF AMER
HOMESITE INS CO
HOMESITE INS CO
AE233391
1, 000, 000
05/ 19/ 24
05/ 19/ 23
B
5, 000
X
DBA: Tanko Lighting
DBA: Tanko Lighting
Tanko Street Lighting, Inc.
Tanko Street Lighting, Inc.
Cupertino, CA 95014
Cupertino City Hall
100, 000
City of Cupertino
Suite 1190
Suite 1190
X 05/ 19/ 24
1901 S. Bascom Avenue
1901 S. Bascom Avenue
CXS- 137943905- 02
2, 000, 000
4, 000, 000
Professional
4, 000, 000
X
Campbell, CA 95008
Campbell, CA 95008
CPP- 019692- 00
220 Bayshore Blvd.
220 Bayshore Blvd.
408- 550- 2130
408- 550- 2130
05/ 19/ 24
10300 Torre Avenue
SUPP ( 05/ 04)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:
Additional Description of Operations/ Remarks from Page 1:
Additional Information:
Waiver of Subrogation per attached form WC990376A001.
Workers Compensation:
Primary Wording per attached form CA00011013.
05/ 22/ 2023
DBA: Tanko Lighting
Tanko Street Lighting, Inc.
Additional Insured and Waiver of Subrogation per attached form CAT3530215.
Automobile Liability:
Waiver of Subrogation per attached form CG2404 1219
Per Project Aggregate per attached from CGL 3201 CW 0321 Primary Wording per attached form CG2001 1219
Additional Insured per attached form CG2037 0413 and CG2010 0413.
General Liability:
Includes:
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER: CPP-019692-00
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONALINSURED – OWNERS, LESSEESOR
CONTRACTORS – COMPLETEDOPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations Any person or organization for whom you are
performing “ commercial construction” during the
period of this policy and have agreed in a written
contract to add as an additional insured for
products- completed operations. “ Commercial
construction” does not include any habitational or
residential construction other than hotels or
apartments.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the " products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER: CPP-019692-00
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONALINSURED – OWNERS, LESSEESOR
CONTRACTORS – SCHEDULEDPERSONOR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations
Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project ( other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
CGL3201CW0921 Page1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AGGREGATE LIMIT APPLIES PER PROJECT, SUBJECT TO POLICY AGGREGATE This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
The General Aggregate Limit under SECTION III – LIMITS OF INSURANCE, and as set forth on the Declarations, shall apply separately to each of your projects away from premises owned by or rented to you.
Notwithstanding the application of the General Aggregate Limit to each of your projects, the most will we pay for all claims, suits” and “occurrences” for which coverage is provided under this policy is the following:
Policy Aggregate Limit
5,000,000 for all Claims, Suits, and Occurrences
If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations or any Schedule attached to this Policy.
All other terms and conditions of this Policy remain unchanged.
POLICY NUMBER: CPP-019692-00
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARYAND NONCONTRIBUTORY –
OTHERINSURANCECONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
1) The additional insured is a Named Insured
under such other insurance; and
2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER: CPP-019692-00
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVEROF TRANSFEROF RIGHTSOF RECOVERY
AGAINST OTHERSTO US (WAIVEROF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person( s) Or Organization( s):
Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
Policy #BA-0N492815-23-14-G
Policy #BA-0N492815-23-14-G
Policy #BA-0N492815-23-14-G
Policy #BA-0N492815-23-14-G
5/ 19/2023BA-0N492815- 23- 14- G
23 05- 19-23
Construction Management and Consulting Services for Various CIP Projects 1 of 11
Design Professional Agr ( Master) / October 2021
DESIGN PROFESSIONAL SERVICES AGREEMENT ( MASTER)
WITH TANKO LIGHTING
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation City”), and Tanko Lighting (“ Consultant”), a Corporation for Construction Managementand Consulting Servicesfor Various CIP Projects (“Project”), and is effective on the last date signed below Effective Date”).
2. SERVICES
2.1 Scope of Services. Consultant agreesto provide the Services “asneeded” and asset forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with eachService Order issuedunder the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant 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 Director of Public Works/Designeewill request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a written proposal that includes a specific Scopeof Services, Scheduleof Performance, and Compensation, which the Parties will discuss. Thereafter City Director of Public Works/ Designee will execute a Service Order using the Service Order Form attachedand incorporated here asExhibit B. Each Service Order will specify its scope of services, deliverables, schedule of performance, compensation, and any other applicable terms. Issuanceof a PurchaseOrder is discretionary and the Director of Public Works/ Designee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it is in the City’s best interests. Consultantwill not be compensatedfor Servicesperformed without a duly executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and endson June30, 2024 (“Contract Time”), unless terminated earlier as provided herein. The City’ s Director of Public Works or City Manager may extend the Contract Time through a written amendmentto this Agreement, 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. All Servicesmust be provided within the times specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. Consultant must promptly notify City of any actual or potential delay in providing the Servicesasscheduledto afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin work on eachseparatetask upon receiving City’s Notice to Proceed (“NTP”), and must complete each task within the time specified in each Service Order.
Construction Management and Consulting Services for Various CIP Projects 2 of 11
Design Professional Agr ( Master) / October 2021
3.3 Time is of the essencefor the performance of all the Servicesrequired in this Agreement and in each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the Serviceson time. Consultant must respondpromptly to the City’s Service Orders and any changeorders that may be issued
4. COMPENSATION
4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will basedupon actual costs but that will be cappedso as not to exceed 175, 000. 00 (“ Contract Price”), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expensesand reimbursements and will remain in place even if Consultant’ s actual costs exceed the capped amount. No extra work or payment is permitted in excessof the Contract Price.
4.2 Invoices and Payments. City will pay Consultant for Services satisfactorily provided under a Service Order, within thirty ( 30) days following receipt of a properly submitted in voice for Services provided during the preceding calendar month. Unless otherwise provided by a Service Order, each invoice must include for each day of Services:
a. The name of each individual providing Services;
b. A succinct summary of the Servicesperformed by eachsuchindividual; c. The time spent by each individual providing those Services; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses.
All hourly rates and allowable expenses must conform to City- approved rates set forth in Exhibit C.
4.3 Final Payment. At least thirty ( 30) days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval.
Noncompliance with this requirement relieves City of further payments/obligations under the Agreement.
5. INDEPENDENT CONSULTANT
5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of City. Consultant is solely responsible for the meansand methods of performing the Servicesand for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant’s performance of the Services. Consultant is not entitled to health, workers’ compensation, or other benefits from City.
5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants 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 industry practices for similar services performed in the San Francisco Bay Area.
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5.3 Permits and Licenses. Consultant warrants on behalf of itself and its Subconsultants that they are properly licensed, registered, and/or certified to perform the Services as required by law and that they have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant’ s employees and Subconsultantswhose namesare included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all Subconsultants to furnish proof of insurance for workers’ compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all Subconsultantsrelative to the portion of their work.
5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all the tools, materials, and equipment required to perform the Services.
5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxesincurred under this Agreement and any similar federal or statetaxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise againstCity for seniority, vacation time, vacation pay, sick leave, personaltime off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant’s businessincluding, 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 Consultant. 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 Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any paymentsdue by the City asa result of suchdetermination, so that the City’ s total expenses under this Agreement are not greater than they would have been had the determination not beenmade.
5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its Subconsultants, and must take prompt measuresto avoid, mitigate, and correct them at its sole expense.
6. PROPRIETARY/ CONFIDENTIAL INFORMATION
During the Contract Time, Consultant 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. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the samestandard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data.
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7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest including copyright interests) of Consultant or its Subconsultantsin any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “ Work Product”), preparedby Consultant 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 requestedby 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 prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not “ works for hire,” Consultant hereby assignsto City all copyrights to the Work Product when and as created, and shall require Subconsultants to do the same. Consultant may retain copyrights to its standard details, but herebygrantsCity aperpetual, non-exclusive license to usesuchdetails.
7.3 Patents and Licenses. Consultant 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 Servicesor 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 Consultant and Subconsultants to execute or implement any of the following, but Consultant shall not be responsibleor liable for City’s re-useof Work Product:
a) For work related to the original Servicesfor which Consultant washired; b) To complete the original Services with City personnel, agents or other Consultants; c) To make subsequentadditions to the original Services; and/or d) For other City projects.
7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single- sided original. Large- scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats.
8. RECORDS
8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The recordsmust include detailed information aboutConsultant’s performance, benchmarks and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of 4 (four) yearsfrom the dateof City’s final payment.
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make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents , proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant’s records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. This Section 8 survives the expiration/termination of this Agreement.
8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon requestby the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changesrelated to the financial control or businessnatureof Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonablywithheld. For purposesof this provision, control meansfifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees.
10. PUBLICITY / SIGNS
Any publicity generatedby Consultant in connection with the Project and Services during the Contract Time and for one ( 1) year thereafter will reference City contributions in making the Project possible.
The words “City of Cupertino” shall 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 signagerequired by law or this Agreement without prior written approval from City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law and except for lossescausedby the sole or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmlessthe City as follows:
a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmlessCity, its officers, officials, agents, employees, and volunteers ( collectively and/or individually “ City”) from and againstany and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors collectively and/or individually “ Consultant”), in the performance of this Agreement or failure to Construction Management and Consulting Services for Various CIP Projects 6 of 11
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comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreementbetweenCity and Consultant) that liability is causedby the comparative negligence or willful misconduct of City, then Consultant’s indemnification and hold harmless obligation shall not exceed Consultant’ s finally determined percentage of liability based upon the comparative fault of Consultant.
Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up- front defense of City against unproven claims or allegations, but shall reimburse thoselitigation costsand expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend chargedto Consultant exceedConsultant’s proportional percentage of fault, except as described in Section 2782. 8(a) and ( e) of the California Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United Statespatent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant’s negligence, recklessness, or willful misconduct. Such costsand expenseswill include reasonable attorney fees for legal counsel of City’ s choice, expert fees, and all other costs and fees of litigation.
c. Claims for Other Liability. Except as provided in subsections 11.1(a) and ( b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreedto by City), and indemnify City and its officers, officials, agents, employees, and volunteers ( collectively and/or individually “ City”) from and againstany and all liability, claim, loss, damage, expense, costs including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunderby Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damagewhich was caused by the sole negligence or sole willful misconduct of the City.
Consultant’ s duty to defend applies immediately, whether or not liability is established. An allegation or determination that personsother than Contractor are responsiblefor the claim doesnot relieve Contractor from its separate and distinct obligation to defend as stated herein.
11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant’s duties herein are not limited to or subject to the Contract Price, to Workers’ Compensation claims, or to the Insurance or Bond limits and provisions.
Nothing in this Agreement shall be construedto give rise to an implied right of indemnity in favor of Consultant against any Indemnitee.
11.3 Consultant agreesto pay the reasonablecostsCity may incur in enforcing this provision related to Consultant’s indemnification duties, including reasonableattorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchaseorder, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant’ s payments to cover moneys due to City.
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11.4 Consultant agreesto obtain executedindemnity agreementswith provisions identical to those set forth herein this Section 11 from eachand every subcontractor, or any other personor entity involved by, for, with, or on behalf of Consultant 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 asa waiver of any rights hereunder.
11.5 This Section 11 shall survive expiration or termination of this Agreement.
12. INSURANCE
On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attachedand incorporated here as Exhibit D. City will not execute the Agreement until it has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant’s expenseand deduct costsfrom paymentsto Consultant.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Consultant shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant’s ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or statelaw, rule or regulation.
13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a “public works” component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City’ s Labor Compliance Program, and with state labor laws pertaining to working days, overtime, payroll recordsandDIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777. 5.
13.3 Discrimination Laws. Consultant 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. Consultant 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, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agreesto provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that nopublic official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, hasor will receive a direct or indirect financial interest in this Agreement, in Construction Management and Consulting Services for Various CIP Projects 8 of 11
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violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makescertain governmental decisions or servesin a staff capacity, asprovided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agreesto abide by City policies and administrative rules prohibiting gifts to City officials and employees.
13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expensesarising from noncompliance with this Section.
14. PROJECT COORDINATION
14.1 City Project Manager. The City’s Project Manager for all purposesunder this Agreement will be SusanMichael, who shall have the authority to managethis Agreement and overseethe progressand performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative.
14.2 Consultant Project Manager. Subject to City approval, the Consultant’ s Project Manager for all purposes under this Agreement will be Jason Tanko, who shall be the single representative for Consultant with the authority to managecompliance with this Agreement and overseethe progressand performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordancewith City instructions, service orders, and the Scheduleof Performance, and providing regular updates to the City’ s Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays.
15. ABANDONMENT OF PROJECT
City may abandonor postponethe Project with thirty ( 30) calendar days’ written notice to Consultant.
Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonabletime to assemblethe work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent 10%) of the total time expendedto the date of abandonment. All chargesincluding job closure costs will be paid in accordance with the provisions of this Agreement and within thirty ( 30) days of Consultant’s final invoice reasonablyapproved by the City.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty ( 30) calendardays prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be madeuntil Consultant closesout the Servicesand delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty ( 30) days of Consultant’ s final invoice.
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17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Partieselect arbitration, the arbitrator’s award must be supportedby law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceeding to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section 18 survives termination of this Agreement.
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 any breach shall not be deemed to constitute waiver of another term, provision, covenantor condition, or a subsequentbreach, whether of the sameor a different character.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedesany other agreementsand understandings, 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 agreementor implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachmentsor exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each contractual provision or clause that may be required by law is deemedto be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision.
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.
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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 theextentallowed by suchruling. All other termsandprovisions of this Agreement or their application to specific situations shall remain in full force and effect.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect.
26. NOTICES
All notices, requests, andapprovalsmustbesentin writing to thepersonsbelow, which will beconsidered effective on thedateof personaldelivery or thedateconfirmed by areputableovernight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next businessday following electronic submission:
To City of Cupertino:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: SusanMichael
Email: SusanM@cupertino. org
To Consultant:
Tanko Lighting
220 Bayshore Blvd.
San Francisco, CA 94124
Attention: JasonTanko
Email: jason@tankolighting. com
27. EXECUTION
The personexecuting this Agreement on behalf of Consultant representsand warrants that Consultant hasfull right, power, andauthority to enterinto andcarry out all actionscontemplatedby this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreementmay beexecutedin counterparts, eachoneof which is deemedanoriginal and all of which, taken together, constitute a single binding instrument.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have causedthe Agreement to be executed.
CITY OF CUPERTINO TANKO LIGHTING
A Municipal Corporation
By
Name
Title
Date
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
JasonTanko
Jason Tanko
Chief Executive Officer
Jan 3, 2023
Christopher D. Jensen
Matt Morley
Director of Public Works
Jan 3, 2023
Jan 10, 2023
Tanko Streetlighting, Inc. Exhibit A Scope of Services
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EXHIBIT A
SCOPE OF SERVICES
Tanko Streetlighting, Inc. CONSULTANT) shall provide certain Construction Management and Consulting Services as required and requested by City of Cupertino CITY).
CONSULTANT shall provide services under this AGREEMENT on an as needed” basis and only 1) upon written request from CITY’ S Director of Public Works or authorized Agent, and 2) as defined in a fully executed Service Order.
SECTION 1. GENERAL PROVISIONS
A. CONSULTANT shall perform all services to the satisfaction of CITY’ S Public Works Director or authorized Agent.
B. CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed Service Order, which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. CITY shall incorporate each authorized and fully executed Service Order into the terms and conditions of this AGREEMENT.
C. CONSULTANT shall begin work only after receipt of a fully authorized and executed Service Order and shall execute the Project work as detailed in the Service Order.
Unauthorized services performed by CONSULTANT shall be at no cost to CITY.
D. CITY shall designate a Project Manager for each fully executed Service Order under this AGREEMENT. CONSULTANT shall coordinate the Service Order performance with CITY’ S designated Project Manager.
E. CONSULTANT shall be responsible for the coordination with CITY and federal, state, and local agencies that are necessary for all services authorized under this AGREEMENT.
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SECTION 2. BASIC SERVICES
As authorized by a fully executed Service Order, CONSULTANT shall provide Construction Management and Consulting services for various CITY streetlight related projects in accordance with the following:
A. General Performance Requirements
For each assigned Project:
1. CONSULTANT shall designate a Project Manager and provide to CITY the names of their team members for the Project. The team members shall be satisfactory to CITY. CONSULTANT shall not substitute any team members without the prior approval of CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members.
2. CONSULTANT shall effectively manage its SUBCONSULTANTS, and administer the Project for the efficient, progressive, and proactive delivery of the Project.
3. CONSULTANT shall be responsible for coordinating the work of all subconsultants and contractors, as needed or as directed by the City.
4. CONSULTANT shall consult and coordinate with the CITY, research applicable information, and communicate with members of the Project team.
5. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all Project meetings during the term of this AGREEMENT under the scope of work. All minutes of meetings are due to the CITY within five 5) working days after the meeting in a digital format and shall also be provided to other appropriate agencies and entities, as directed by CITY.
6. During the course of work of an assigned Project, CONSULTANT shall meet weekly with CITY’ S assigned Project Manager for the respective construction projects to provide an update on the current status of the Project and provide a brief written summary report.
B. Specific Performance Requirements
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For each assigned Project, CONSULTANT may provide any or all of the following tasks and subtasks, as is required for the specific Project:
Task 1.0: Pre Construction Phase work may include but is not limited to the following:
1. 01 Comprehensive GIS Audit of Existing Streetlights: CONSULTANT shall perform an in field Geographic Information Services GIS) audit of the existing streetlights throughout the CITY. CONSULTANT shall:
Work with CITY staff to define audit scope, including priority areas, municipal boundaries, and any areas outside of the right of way that should be included.
Develop and provide to CITY staff a list of the attributes that will be collected at each light during the audit.
Obtain available CITY and utility records for streetlights from CITY staff and review to determine which should be utilized for the data reconciliation phase.
Develop audit maps, scheduling, and dispatch auditors to the field.
Audit and collect data on all of the existing inventory and identify attributes on site, including but not limited to):
o Global Positioning Service GPS) coordinates latitude, longitude) of each fixture location and date of capture
o Fixture type
o Lamp type and wattage
o Pole material, mounting height, and arm length
o Pole ID number
o Street width and configuration e. g., intersection, crosswalk, cul de sac) o Electrical feed overhead, underground)
Visible issues e. g., pole leaning, fixture damage, tree obstruction).
Compile audit data weekly and provide a Weekly Audit Report to enable the CITY to identify and address any immediate safety concerns, as well as other issues such as tree trimming that may require attention prior to future maintenance or LED conversion.
1. 02 Data Reconciliation: CONSULTANT shall reconcile each asset located in the field with each record in the utility’ s billing inventory to ensure that all eligible assets have been identified.
CONSULTANT shall identify any discrepancies via a Data Reconciliation Report, which will include the following:
o Analysis of locations confirmed during the audit
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o Analysis of locations appearing in the utility records but not in the confirmed audit records
o Analysis of locations confirmed in the audit records but not in the utility records As needed, CONSULTANT shall revisit specific locations to collect additional audit points note this may involve additional costs for the CITY, for which CONSULTANT can provide estimates once the Audit Punch List is developed).
CONSULTANT shall inform the CITY beforehand if there is a need for an Audit Punch List as well as potential remedies.
1. 03 Design: CONSULTANT shall conduct a constructability review of construction documents for the various projects. The review will include an evaluation of the brand of fixture, photocell, replacement wattages, color temperatures, distribution patterns and other appropriate settings and options to optimize the LED streetlight retrofit.
CONSULTANT’ s approach to the constructability review may include:
Providing typical manufacturer provided photometric renderings based on assumptions, including wattage, distribution type, pole height, spacing etc.
Organizing the streetlight infrastructure by roadway classifications such a residential, collector and arterial) and conducting a minimum of three theoretic photometric renderings for replacement fixtures of the CITY’ s preferred fixture brands and lines.
Developing theoretic photometric renderings for one typical existing fixture per main roadway classification one for residential, one for collector and one for arterial) to demonstrate baseline conditions and aid in fixture and manufacturer selection.
Applying standard LED replacement wattage recommendations based on the location of each existing fixture.
Coordinating an optional pilot project installation, including selecting appropriate fixture( s) to pilot, identifying locations to pilot in, obtaining fixtures and coordinating with an installer.
Reviewing additional data sets upon request and only if there is readily available data) to identify potential areas in need of special consideration such as available data on important localized land uses e. g. parks, schools, hospitals, etc.), pedestrian, vehicle use and crash data, relative volumes of pedestrian and bicycle activity, unique neighborhood characteristics) and incorporating the analysis of the additional data into the recommendations.
Selecting appropriate wattages and distribution types for replacement fixtures to meet the CITY’ s needs, while maintaining the objective of providing a simplified Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 5 OF 16
approach that standardizes inventory so that the system has consistency and can be more easily maintained over time).
Applying the CITY’ s preferred products, typical models and special considerations to the design maps of the type and wattages by location.
Reviewing cost estimate and value engineering for various projects.
Presenting the options and total cost/ incentives/ savings/ payback to the CITY and relevant stakeholders has directed by the CITY, and obtaining the CITY’ s final approval.
Guiding the CITY through how to interpret the photometrics, reviewing how the results indicate the products’ spread of light, the distances the fixtures reach, how much back light is present which is wasted light), how much light is distributed directly under the fixture, and the general containment of light in the road/ right of way.
Providing an interactive map to facilitate the design and construction process.
Participation in CITY Council meetings to present findings and answer questions.
1. 04 Financing Options: CONSULTANT shall identify and assist with coordinating financing for the project, including identifying third party financing, On Bill utility financing, etc. options.
1. 05 Fixture Selection: CONSULTANT shall assist with identifying product options for the CITY, including:
Needs Assessment: Conducting initial conversations with the CITY to assess its current knowledge of nuances, options and available products as well as any brand/ product preferences and specific needs it may have. CONSULTANT shall present a list of specific questions the CITY during the discussions e. g. cost as a weighted priority and/ or fixture specification, and/ or twenty year savings, etc.), as well as a matrix of comparative product information by major product brands.
Product Recommendations: CONSULTANT shall explore the marketplace for available products that meet the CITY’ s needs/ interests, and will recommend brands with the following elements considered: Fixture efficiency, light distribution, country of origin, fixture flexibility dimmable drivers, color temperature, shields, distribution types, lighting levels, etc.), product quality Design Lights Consortium listed, proven product, etc.), cost, and historic performance/ longevity.
1. 06 Bid Documents: CONSULTANT shall assist with installation contractor solicitations by developing appropriate qualifications and requirements via the following approach:
Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 6 OF 16
Product Submittals: Prepare the product submittals based on the CITY’ s preferences and submit for final CITY review and approval.
Installation Specifications: Develop the bid documents for the installation/ materials bid to ensure they include:
o Description of work
o Required installation schedule
o Reference standards
o Submittals
o Quality assurance
o Warranty
o Installation
o Field quality control
o Adjusting and cleaning
o Disposal
o Requirements for handling any potential field issues, including no power, missing wire, etc.
o Safety standards
o Equipment requirements
o Licensing/ reporting requirements
o Pricing requirements/ templates
o Communication requirements, including pre construction and regular project progress meetings, as well as data collection, training, documentation, and reporting requirements
o Minimum qualifications
Procurement Coordination: Upon release of the bid, CONSULTANT shall:
o Conduct a pre bid conference with prospective bidders. o Develop responses to questions and any necessary addenda documents. o Review bid documents and assist the CITY in evaluation of bidders’ Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary.
o Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award.
o Assist in review and processing of substitution submittals during bid and construction phase.
Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 7 OF 16
Task 2.0: Construction Phase work may include but is not limited to the following:
2. 01 Administration and Coordination of Construction: CONSULTANT shall provide administrative, construction management and related services necessary to administer the construction on each assigned project. CONSULTANT shall:
Ensure the selected installation contractor stages the receipt of fixture shipments for installation in a manner that ensures the secured storage of materials.
Provide the CITY with a schedule of anticipated shipping dates for materials once the materials order is placed.
Develop an installation plan that minimizes inconvenience to the CITY and includes ordering schedules, traffic control plans, waste disposal and recycling procedures that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the CITY.
Facilitate a pre construction Kick Off meeting with CITY staff and the installation contractor to review the traffic control plans, work safety, public safety and waste material handling procedures and requirements prior to the start of installation.
Coordinate and participate in regularly scheduled construction meetings with CITY staff and contractor. Record, maintain, and distribute minutes thereof.
Prior to start of project construction the CONSULTANT and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/ or electronic. CONSULTANT will make recommendations on programs to be used for tracking and other record keeping needs.
Develop and implement a procedure for the submittal and processing of submittals with the CITY’ s consultants. This shall include preparing and updating logs.
Provide preliminary review for completeness and general compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant. Sign and date such submittals with response: Reviewed or Revise and Resubmit.
Develop and implement a procedure for timely handling and disposition of the Contractor’ s request for information RFI) or clarifications with the design consultant. This shall include preparing and updating logs.
Develop and implement a procedure for the timely submittal, processing and tracking of Contract Change Orders CCO), Request for Price Quote RPQ), etc. with the CITY. This shall include preparing and updating logs.
Review the Contractor’ s comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 8 OF 16
Contractor’ s three week look ahead schedule. Verify that schedules conform to the construction contract documents.
Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials.
2. 02 Monitoring of Construction Costs and Progress Payments: CONSULTANT shall:
Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY’ s accounting needs.
CONSULTANT shall maintain records reflecting the actual costs for activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CONSULTANT shall monitor and advise the CITY of costs pertaining to potential, pending, and completed changes; and potential or pending claims.
Develop a procedure for submittal, review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CONSULTANT shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CONSULTANT will verify that the as built” check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CONSULTANT will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CONSULTANT will certify that the data in each application for progress payment is to the best of CONSULTANT’ s knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CONSULTANT’ s review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/ liabilities. CONSULTANT shall also verify the progress payment satisfies any grant requirement.
2. 03 Installation Management: CONSULTANT shall:
Ensure that installers are equipped with handheld devices and train them in collecting relevant data on both the existing fixtures being removed, as well as the LED fixtures being installed.
Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 9 OF 16
Track each crew’ s daily progress via time stamped data on every fixture location.
Provide immediate instruction to crews on any course corrections necessary.
2. 04 Substantial Completion and Final Completion: CONSULTANT shall:
Consult with the CITY to jointly ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has not been achieved, the CONSULTANT will assist the CITY in noting the conditions of the work and the measures necessary for the Contractor to achieve substantial completion. Upon determining that the Contractor has achieved substantial completion the CONSULTANT will coordinate the CITY’ s final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion.
Assist the CITY in issuing a certificate of substantial completion and final completion, as applicable.
2. 05 Progress Records: CONSULTANT shall:
Maintain records of the progress of construction of the project, including written progress reports and photographs as agreed upon) reflecting the status of construction and percentage completion of the project. CONSULTANT will maintain daily records during construction of the project showing weather conditions, personnel of the Contractor and Subcontractor at the site, work accomplished, problems encountered and other matters materially affecting the project, completion of the project or construction cost to complete construction of the project. CONSULTANT shall maintain project records for test results and special inspection results.
Provide monthly progress reports on the project.
2. 06 Site Observations of Project: CONSULTANT shall:
CITY and CONSULTANT may agree to the amount of time required to be at the site for observation, however this does not relieve the CONSULTANT from the requirement of having knowledge of the status of the work.
Coordinate testing, lab services and inspections, this includes by outside firms.
Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 3.
Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, and associated testing or Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 10 OF 16
monitoring documentation, other permits, applicable codes, rules and regulation and other written or electronic materials relating to the project.
Endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents.
Reject work whenever in the ordinary course of discharging its services the CONSULTANT discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project’ s life safety systems or operations, structural elements or integrity of the safety of persons or property. CONSULTANT shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CONSULTANT’ s responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature.
Review the Contactor safety program and the requirements of the construction documents and applicable law. CONSULTANT shall monitor the Contractor’ s compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor’ s compliance. By undertaking the obligation hereunder, CONSULTANT shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CONSULTANT is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program.
Promptly notify the CITY in writing of all CONSULTANT observed instances of Contractor’ s failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CONSULTANT observes a safety violation or other unsafe condition on or about the site or surrounding area which have an immediate or potential or actual adverse effect on life or property, the CONSULTANT is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CONSULTANT under the then existing circumstances to prevent such actual or potential adverse effect.
Become familiar with all CEQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 11 OF 16
construction site. CONSULTANT shall be responsible for monitoring all aspects of the project as it relates to the requirements. CONSULTANT shall monitor the Contractor’ s compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements.
2. 07 Contract Change Order CCO) Processing: CONSULTANT shall:
Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. CONSULTANT will coordinate the Contractor’ s performance of changes authorized by the CITY. CONSULTANT shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project.
Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CONSULTANT will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor’ s proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CONSULTANT will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CONSULTANT is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CONSULTANT shall be liable to the CITY for all direct and consequential costs, losses or damage resulting from the CONSULTANT’ s direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY.
2. 08 Claims Handling: CONSULTANT shall assist the CITY in the review, evaluation and processing of claims asserted by the Contractor. CONSULTANT will make recommendations to the CITY as to merit, handling and disposition of Contractor’ s claims. Except in the event that the CONSULTANT is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CONSULTANT to prepare documentation or Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 12 OF 16
provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CONSULTANT is alleged to have caused or contributed to a Contractor claim, the CONSULTANT’ s claims handling services, including without limitation, claims analysis, assistance in preparing briefs/ graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CONSULTANT’ s basic services under this agreement.
2. 09 Consultant Equipment: CONSULTANT shall provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, computers, related hardware, software, vehicles, cell phones, office equipment and copiers.
2. 10 Community Outreach and Notification: CONSULTANT shall coordinate with the CITY’ s media office to help develop a community outreach and notification plan prior to the commencement of any project activities. The plan will ensure project awareness and minimize public disturbance. CONSULTANT shall develop the message and provide the schedule to the CITY’ s media staff for distribution through the CITY’ s existing media outlets press releases, website, etc.).
2. 11 Commissioning Coordination: CONSULTANT shall ensure that the installers perform final inspection on all fixtures, correct any punch list” items, test lights to ensure that they work, and identify locations where repair needs CITY assistance. CONSULTANT shall provide a complete commissioning report outlining any errors and actions taken to correct errors.
2. 12 Rebate and Tariff Change Coordination: CONSULTANT shall:
Research any available rebate programs and facilitate all necessary tasks to ensure that the CITY receives the rebates and billing changes for which it is eligible.
Prepare all necessary and required documentation for the rebates and submit these to the appropriate departments within the utility/ agency.
Follow up with the utility/ agency to confirm the materials have been received and are in process.
If known, provide the contact information for the utility/ agency staff person processing the application for the CITY staff to secure the final payment.
Assist the CITY with responses to any utility/ agency questions regarding the submitted applications for rebates.
Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 13 OF 16
Coordinate with the utility on changing tariffs to the newly installed LED fixture rates by preparing the necessary documentation, submitting it to the utility, confirming the materials have been received, and obtaining the timing for the modification to be processed.
If known, provide the contact information for the appropriate party addressing any rate changes for the CITY.
Assist the CITY with responses to any utility questions regarding the submitted applications for tariff changes.
2. 13 Final Reporting: CONSULTANT shall coordinate all final reporting and data requirements to ensure that the CITY considers the project is compliant and complete.
This includes finalizing the GIS layer with design and construction data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design, including any operation and maintenance of costs and savings. Additionally, CONSULTANT shall provide contacts and the process whereby the CITY can obtain warranty support with the manufacturer( s) should it be necessary.
Task 3.0: Inspections and Testing work may include but is not limited to the following:
Conduct routine inspection of the construction work over the course of construction to ensure compliance of the work with the construction contract, including all drawings and specifications.
Monitor the contractor’ s compliance with required Regulatory Agency Permit inspections and advise CITY of coordination problems and Contractor’ s compliance with permit/ inspection requirements.
Engage the necessary subconsultants to perform the necessary inspections and testing as required for the project. CONSULTANT shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project.
Compensation to the CONSULTANT for inspections and testing by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CONSULTANT shall bill monthly for actual inspections and testing completed. CONSULTANT shall attach copies of subconsultants’ invoice for verification of cost being billed.
Task 4.0: Post Construction Phase work may include but is not limited to the following:
Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CONSULTANT shall review each Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 14 OF 16
Contractor’ s closeout submittals to determine conformity with the requirements of the Construction Contract. If the CONSULTANT determines that any Contractor’ s closeout submittals are not in conformity with requirements of the construction contract, the CONSULTANT shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CONSULTANT shall deliver to the CITY all of the Contractor’ s closeout submittals, including the Contractor’ s as build drawings which the CONSULTANT shall transmit to the design consultant for preparation of the record drawings. The CONSULTANT shall monitor the design consultant’ s preparation and completion of the project record drawings prior to delivering to the CITY.
Within thirty 30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CONSULTANT shall assemble and deliver to the CITY all of the records maintained by the CONSULTANT relating to the project.
Task 5.0: Additional Services
CONSULTANT services not specifically identified in the Scope of Services shall be considered Additional Services. At the CITY’ S request, CONSULTANT shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit C.
Other Tasks/ Services that may be assigned per Project needs:
Pole Labeling: A specific number sequence, tag characteristics, material specifications and location on the pole for a CITY pole ID system. This may include a specific label indicating CITY ownership. Typically, a tag recommendation consists of five to seven digits. CONSULTANT can also procure the approved materials and have its field staff or the installation contractor) install them on the poles provided that the installation is system wide and installed on the poles within an arm’ s reach).
Remedy of Miss Billings: Additional assistance reconciling the streetlight billing discrepancies with the utility to credit the CITY for any miss billings performed Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 15 OF 16
either upon completion of the data reconciliation process, or during the final purchase negotiations with the utility.
Photometric Overlay: Customized photometric overlays for specific fixture locations within the CITY. Each fixture’ s overlay will:
o Be an approximation based on theoretical manufacturer representations of the LED replacement fixture note that it will exclude immediate existing conditions). o Consist of a single fixture part number at one fixture location. o Be represented at the location of the existing fixture.
Custom Design for Decorative Fixtures: Any decorative fixture beyond the standard design process defined as any non cobra head fixture where the design can be determined through the audit process, or has already been designed) will require a custom LED replacement design, provided on a per custom design created not on a per fixture basis). The work will include the design of the custom LED retrofit, dispatch of a contractor to measure the fixture, design of a custom insert, coordination with a metal fabricator to create a sample, etc.
Ownership Feasibility Initialization: CONSULTANT can introduce the CITY to its streetlight ownership Progression Plan, which outlines the path and required steps necessary to prepare for the CITY Council to vote on whether to pursue acquiring ownership of any streetlights not currently owned by the CITY. There are two essential elements in the Progression Plan: the Project Schedule and Protocols:
o Project Schedule: This is customized to the CITY’ s particular administrative process, including timing for review and approval of documentation, agenda management, Council meetings, closed sessions, etc. The Project Schedule is updated regularly to accommodate the CITY’ s timing and project status updates. o Protocols: These Protocols are key to understanding the process. They explain the actions necessary at each stage of the process from initiation to investigation and discovery, moving into negotiations, and ultimately lead to the CITY’ s determination of its course of action.
Ownership Feasibility Appraisal: CONSULTANT shall utilize a qualified, third party appraiser to complete an appraisal of the non CITY owned streetlight system on behalf of the CITY. The appraiser will provide a financial valuation analysis to confirm the fair market value of the existing streetlight system. Once the appraisal is completed, CONSULTANT shall produce a summary of the results for future use with the Council and/ or the potential exploration of the acquisition process. Please note that the appraisal will not consider the overall soundness of every element of the existing system including unseen elements such as wiring issues, equipment integrity, etc.), and therefore CONSULTANT shall not be responsible/ liable for any Tanko Streetlighting, Inc. Exhibit A Scope of Services
Construction Management and Consulting PAGE 16 OF 16
future operating costs associated with the soundness of the streetlight system equipment.
Streetlight System Analysis: CONSULTANT shall develop a Streetlight System Analysis to outline the CITY’ s options regarding potential ownership and operations of streetlights not owned by the CITY.
Municipal Process Support: CONSULTANT shall provide comprehensive services to support the CITY in the exploration of its options regarding potentially obtaining ownership of non CITY owned streetlight assets.
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MASTER AGREEMENT NO#: M. A. Date:
Maximum Compensation:
Consultant: Firm Name:
Address:
Contact: Phone:
Email: Jason@tankolighting. com
Project Name:
X
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/ Budget
Amount
175, 000. 00
0. 00
Minus Liquidated to Date 0. 00
0. 00
175, 000. 00
P. O.
Contract Manager: John Raaymakers Date:
Approvals:
Consultant: Date:
CIP Manager: 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:
Management Analyst
Total Previously Encumbered to Date:
Encumbrance this Service Order:
Balance:
S. O. Acct No.:Master
AgreementMaximum Compensation: 175,
000. 00 M. A. EndDate: Tanko
Streetlighting,Inc. 220
BayshoreBlvd., San Francisco,CA 94124Jason
Tanko 415 254 7579 Project
Description:See
attachedExhibit. Tanko
StreetlightingMaster AgreementPage 1 of 1ServiceOrder No. EXHIBIT B
EXHIBIT C
Tanko Streetlighting
Hourly Rates
Position Hourly Rate
Principal 250
Energy Advisor 188
Project Manager 188
Project Associate 156
Data Analyst 156
Auditor 125
Exh. D-InsuranceRequirementsfor DesignProfessionals & ConsultantsContracts 1 Form UpdatedJan. 2022
Consultantshallprocurepriortocommencementof Servicesandmaintainfor thedurationof thecontract, at its own costandexpense, thefollowing insurancepoliciesandcoveragewith companiesdoingbusinessin CaliforniaandacceptabletoCity.
INSURANCEPOLICIES AND MINIMUMS REQUIRED
1. CommercialGeneralLiability (CGL) for bodily injury, propertydamage, personalinjury liability for premisesoperations, productsandcompletedoperations, contractualliability, andpersonaland advertisinginjury with limits nolessthan $2,000,000peroccurrence (ISOFormCG 00 01). If a generalaggregatelimit applies, eitherthegeneralaggregatelimit shallapplyseparatelyto this project/location ( ISOFormCG 2503 or 25 04) or it shallbetwicetherequiredoccurrencelimit. a. It shallbea requirementthatanyavailableinsuranceproceedsbroaderthanor in excessof the specifiedminimuminsurancecoveragerequirementsand/or limits shall be madeavailableto the AdditionalInsuredandshallbe (i) theminimumcoverage/limitsspecifiedin thisagreement; or (ii) the broadercoverageandmaximumlimitsof coverageof anyinsurancepolicy, whicheverisgreater. b. AdditionalInsuredcoverageunderConsultant's policy shallbe "primaryandnon-contributory," will notseekcontributionfrom City’s insurance/self-insurance, andshallbeat leastasbroadasISO FormCG2010 (04/13).
c. Thelimits of insurancerequiredmaybesatisfiedby a combinationof primaryandumbrellaor excessinsurance, providedeachpolicycomplieswith therequirementssetforth in thisContract. Any umbrellaor excessinsuranceshallcontainor beendorsedto containa provisionthatsuchcoverage shallalsoapplyon a primarybasisfor thebenefitof City beforetheCity’s own insuranceor self- insuranceshallbecalleduponto protectCity asanamedinsured.
2. AutomobileLiability: ISOCA 00 01coveringanyauto (includingowned, hired, andnon-owned autos) with limits nolessthan $1,000,000peraccidentfor bodily injury andpropertydamage.
3. Workers’ Compensation: AsrequiredbytheStateof California, withStatutoryLimitsandEmployer’s Liability Insuranceof nolessthan $1,000,000peroccurrencefor bodilyinjuryordisease.
Notrequired. Consultanthasprovidedwrittenverificationof noemployees.
4. ProfessionalLiability for professionalacts, errors and omissions, as appropriateto Consultant’s profession, with limits nolessthan $2,000,000peroccurrenceor claim, $2,000,000aggregate. If written onaclaimsmadeform:
a. TheRetroactiveDatemustbeshownandmustbebeforetheEffectiveDateof theContract. b. Insurancemustbemaintainedfor atleastfive (5) yearsaftercompletionof theServices. c. If coverageiscanceledornon-renewed, andnotreplacedwithanotherclaims-madepolicyformwith aRetroactiveDatepriorto theContractEffectiveDate, theConsultantmustpurchase “extended reporting” coveragefor aminimumof five (5) yearsaftercompletionof theServices.
OTHER INSURANCEPROVISIONS
Theaforementionedinsuranceshallbeendorsedandhaveall thefollowingconditionsandprovisions:
EXHIBIT D
InsuranceRequirements
DesignProfessionals & ConsultantsContracts
Exh. D-InsuranceRequirementsfor DesignProfessionals & ConsultantsContracts 2 Form UpdatedJan. 2022
AdditionalInsuredStatus
TheCity of Cupertino, its City Council, officers, officials, employees, agents, servantsandvolunteers AdditionalInsureds”) areto becoveredasadditionalinsuredsonConsultant’sCGLandautomobile liability policies. GeneralLiability coveragecanbeprovidedin theformof anendorsementto Consultant’s insurance (atleastasbroadasISOFormCG2010 (11/ 85) or bothCG20 10andCG2037forms, if later editionsareused).
PrimaryCoverage
Coverageaffordedto City/AdditionalInsuredsshallbeprimaryinsurance. Any insuranceor self-insurance maintainedby City, its officers, officials, employees, or volunteersshallbeexcessof Consultant’s insurance andshallnotcontributeto it.
Noticeof Cancellation
Eachinsurancepolicyshallstatethatcoverageshallnotbecanceledorallowedto expire, exceptwith written noticeto City 30daysin advanceor 10daysin advanceif dueto non-paymentof premiums.
Waiverof Subrogation
Consultantwaivesanyright to subrogationagainstCity/AdditionalInsuredsfor recoveryof damagesto the extent said lossesare coveredby the insurancepolicies requiredherein. Specifically, the Workers’ Compensationpolicyshallbeendorsedwith awaiverof subrogationin favorof City for all workperformed by Consultant, its employees, agentsandsubconsultants. Thisprovisionappliesregardlessof whetheror not theCity hasreceivedawaiverof subrogationendorsementfromtheinsurer.
DeductiblesandSelf-InsuredRetentions
Anydeductibleorself-insuredretentionmustbedeclaredtoandapprovedbytheCity. At City’soption, either:
theinsurermustreduceor eliminatethedeductibleor self-insuredretentionsasrespectstheCity/Additional Insureds; or Consultantmustshowproof of ability to pay lossesandcostsrelatedinvestigations, claim administrationanddefenseexpenses. Thepolicyshallprovide, orbeendorsedtoprovide, thattheself-insured retentionmaybesatisfiedby eithertheinsuredor theCity.
Acceptabilityof Insurers
Insurersmustbelicensedto dobusinessin Californiawith anA.M. BestRatingof A-VII, or better.
Verificationof Coverage
Consultantmustfurnishacceptableinsurancecertificatesandmandatoryendorsements (orcopiesof thepolicies effectingthecoveragerequiredbythisContract), andacopyof theDeclarationsandEndorsementPageof the CGL policylistingall policyendorsementsprior to commencementof theContract. City retainstherightto demandverificationof complianceatanytimeduringtheContractterm.
Subconsultants
Consultantshallrequireandverify thatall subconsultantsmaintaininsurancethatmeettherequirementsof thisContract, includingnamingtheCity asanadditionalinsuredonsubconsultant’sinsurancepolicies.
HigherInsuranceLimits
If Consultantmaintainsbroadercoverageand/orhigherlimitsthantheminimumsshownabove, Cityshallbe entitledto coveragefor thehigherinsurancelimits maintainedby Consultant.
Adequacyof Coverage
City reservestherightto modifytheseinsurancerequirements/coveragebasedonthenatureof therisk, prior experience, insureror otherspecialcircumstances, with notlessthanninety (90) dayspriorwrittennotice.
CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.
ACORD 25 ( 2010/ 05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE ( MM/ DD/ YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOCJECT
PRO-
POLICY
GEN' L AGGREGATE LIMIT APPLIES PER:
OCCURCLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES ( Ea occurrence)$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $
RETENTIONDED
CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
E. L. DISEASE - POLICY LIMIT
ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON- OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $
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.
INSR
ADDL
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
A/ C, No, Ext):
PRODUCER
ADDRESS:
E- MAIL
FAX
A/ C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER( S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
X
25674
25674
X
28860
28860
X
X
X
A
D
1, 000, 000
LIC # 0M77949
LIC # 0M77949
1, 000, 000
10, 000
XX
Cupertino City Hall
City of Cupertino
67237183
67237183
San Francisco, CA 94124
San Francisco, CA 94124
4, 000, 000
AE212964
10300 Torre Avenue
408- 550- 2119
408- 550- 2119
USA
1, 000, 000
12/ 05/ 2022
12/ 05/ 2022
X
X
X
X 4, 000, 000
300, 000
UNDERWRITERS AT LLOYDS LONDON
UNDERWRITERS AT LLOYDS LONDON
HOMESITE INS CO
HOMESITE INS CO
AR01- RS- 2204380- 00
TRAVELERS PROP CAS CO OF AMER
TRAVELERS PROP CAS CO OF AMER
Clear Blue Insurance Co
Clear Blue Insurance Co
maggi12
C
05/ 19/ 23
X
Professional Each/ Aggregate
05/ 19/ 23
1, 000, 000
X
Cupertino, CA 95014
McSherry & Hudson, LLC Insurance Services
McSherry & Hudson, LLC Insurance Services
B
2, 000, 000
X
1, 000, 000
Suite 715
Suite 715
05/ 19/ 22
160 West Santa Clara Street
160 West Santa Clara Street
05/ 19/ 22
220 Bayshore Blvd.
220 Bayshore Blvd.
05/ 19/ 23
Y
1, 000, 000
BA- 0N492815- 22- 14- CAG
B
DBA: Tanko Lighting
DBA: Tanko Lighting
Tanko Street Lighting, Inc.
Tanko Street Lighting, Inc.
05/ 19/ 22
2, 000, 000
San Jose, CA 95113
San Jose, CA 95113
UB- 5K373797- 22- 14- G
05/ 19/ 22
408- 550- 2130
408- 550- 2130
05/ 19/ 22
05/ 19/ 23
1- 888- 845- 2248
1- 888- 845- 2248
2, 000, 000
CXS- 137943905- 01
1 1
05/ 19/ 23
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:
15792
15792
RE: Master Agreement for Construction Management
17221
17221
SUPP ( 05/ 04)
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:
Additional Description of Operations/ Remarks from Page 1:
Additional Information:
DBA: Tanko Lighting
Tanko Street Lighting, Inc.
Additional Insured and Waiver of Subrogation per attached form CAT3530215.
Automobile Liability:
Waiver of Subrogation per attached form CG24040509.
Per Project Aggregate per attached from CG25030509.
Primary Wording per attached form CG20010413.
Additional Insured per attached form CG20371001 and CG20101001.
General Liability:
Includes:
12/ 05/ 2022
Waiver of Subrogation per attached form WC990376A001.
Workers Compensation:
Primary Wording per attached form CA00011013.
AR01- RS- 2204380- 00
22 22
22 22
22 22
05- 18- 22
ThirdAmendmentto TankoLightingfor
ConstructionManagementandConsulting
Servicesfor VariousCIPProjects
Final Audit Report 2025- 02-13
Created: 2025-02-05
By: Webmaster Admin ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAaMI1Bk7JwJOQfEHc9ZPe-NNtDp5IMrDa ThirdAmendmentto TankoLightingfor ConstructionManagem
ent andConsultingServicesfor VariousCIP Projects" History Documentcreatedby WebmasterAdmin ([email protected]) 2025-02-05 - 5:23:39 PM GMT- IP address: 35.229.54.2
Documentemailedto JindyGonzalez ([email protected]) for approval 2025-02-05 - 6:00:59 PM GMT
Email viewed by Jindy Gonzalez ([email protected])
2025-02-05 - 6:01:26 PM GMT- IP address: 3.232.50.116
Documentapprovedby JindyGonzalez ([email protected]) Approval Date: 2025-02-05 - 7:32:19 PM GMT - Time Source: server- IP address: 64.165. 34.3 Documentemailedto AraceliAlejandre ([email protected]) for approval 2025-02-05 - 7:32:31 PM GMT
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Email viewed by [email protected]
2025-02-05 - 10:56:15 PM GMT- IP address: 74.125.209.2
Signer [email protected] entered name at signing as Jason Tanko 2025-02-06 - 6:31:39 PM GMT- IP address: 50.211.197. 209 Documente-signedby JasonTanko ([email protected]) Signature Date: 2025-02-06 - 6:31:41 PM GMT - Time Source: server- IP address: 50.211. 197.209 Documentemailedto ChristopherJensen ([email protected]) for signature 2025-02-06 - 6:31:53 PM GMT
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SignerChristopherJensen ([email protected]) enterednameat signingas ChristopherD. Jensen 2025-02-12 - 5:40:59 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2025-02-12 - 5:41:01 PM GMT - Time Source: server- IP address: 64.165.34.3 Documentemailedto PamelaWu ([email protected]) for signature 2025-02-12 - 5:41:12 PM GMT
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Documente-signedby PamelaWu ([email protected])
Signature Date: 2025-02-13 - 5:03:24 AM GMT - Time Source: server- IP address: 67.160. 222.130 Documentemailedto KirstenSquarcia ([email protected]) for signature 2025-02-13 - 5:03:36 AM GMT
Emailviewedby KirstenSquarcia ([email protected])
2025-02-13 - 5:03:58 AM GMT- IP address: 52.202.236. 132 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2025-02-13 - 5:16:29 AM GMT - Time Source: server- IP address: 174.194.140.183 Agreementcompleted.
2025-02-13 - 5:16:29 AM GMT