SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND
STORM WATER INSPECTION & MAINTENANCE SERVICES INC.
FOR THE MANUFACTURE AND INSTALLATION OF UP TO 350
STORMTEK ST3G CONNECTOR PIPE SCREENS
THIS AGREEMENT dated ______________________________ is by and between the CITY OF SUNNYVALE, a California chartered municipal corporation ("CITY"), and STORM WATER INSPECTION & MAINTENANCE SERVICES INC. ("CONTRACTOR"), WHEREAS, CITY is in need of Pipe Screens in City-identified storm drain inlets to serve as full trash capture devices; and
WHEREAS, CONTRACTOR submitted a proposal on February 17, 2023; and WHEREAS, CITY accepted CONTRACTOR proposal submitted on February 17, 2023; and
WHEREAS, CONTRACTOR represents that it, and its sub -contractors, if any, possess the professional qualifications and expertise to provide the required services and are licensed by the State of California in the required disciplines; NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. Services by CONTRACTOR
CONTRACTOR shall provide services in accordance with Exhibit "A" entitled “Scope of Work.” To accomplish that end, CONTRACTOR agrees to assign Eric Purkey to this project, to act in the capacity of Project Manager and personally direct the services to be provided by CONTRACTOR.
All exhibits referenced in this Agreement are attached hereto and are incorporated herein by reference. Except as specified in this Agreement, CONTRACTOR shall furnish all technical services, including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the services required in this Agreement.
2. Contract Term
The term of this Agreement shall be from the date of execution through Aprils 30, 2024 unless otherwise terminated in accordance with Section 17 below . Agreement may be renewed for an additional One 1 year period at the sole option of the City.
3. Payment of Fees and Expenses
CITY agrees to pay CONSULTANT as full compensation for the services rendered pursuant to this Agreement, the amounts set forth in Exhibit “B ”. Total compensation shall not exceed Four Hundred Seventy Three Thousand Four Hundred Eleven and 75/100 Dollars ($473,411.75), unless upon written modification to this Agreement signed by both parties.
CONTRACTOR shall submit progress payment invoices to CITY no more frequently than monthly to be paid in accordance with the procedures set forth in Exhibit "B".
Attachment 1
All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 9 4088-3707 or [email protected]. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
4. No Assignment of Agreement
CONTRACTOR shall bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of CITY. However, claims for money due to or to become due to CONTRACTOR from CITY under this Agreement may be assigned to a bank, trust company or other financial institutions, or to a trustee in bankruptcy, provided that written notice of any such assignment or transfer shall be first furnished to CITY. In case of the death of one or more members of CONTRACTOR's firm, the surviving member or membe rs shall complete the services covered by this Agreement. Any such assignment shall not relieve CONTRACTOR from any liability under the terms of this Agreement.
5. Independent Contractor
CONTRACTOR is not an agent or employee of CITY but is an independent contractor with full rights to manage its employees subject to the requirements of the law. All persons employed by CONTRACTOR in connection with this Agreement will be employees of CONTRACTOR and not employees of CITY in any respect. CONTRACTOR is responsible for obtaining statutory Workers' Compensation coverage for its employees.
6. Standard of Workmanship
CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the services and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR's representations regarding its skills and knowledge. CONTRACTOR shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
7. Responsibility of CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement. Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement , and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’s negligent performance of any of the services furnished under this Agreement.
8. Right of CITY to Inspect Records of CONTRACTOR
CITY, through its authorized employees, representatives, or agents, shall have the right, at any and all reasonable times, to audit the books and records including, but not limited to, invoices, vouchers, canceled checks, time cards of CONTRACTOR for the purpose of verifying Attachment 1
any and all charges made by CONTRACTOR in connection with this Agreement.
CONTRACTOR shall maintain for a minimum period of three (3) years from the date of final payment to CONTRACTOR or for any longer period required by law, sufficie nt books and records in accordance with generally accepted accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR. Any expenses not so recorded shall be disallowed by CITY.
9. No Pledging of CITY’s Credit
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
10. Ownership of Material
All material, including information developed on computer(s), which shall include, but not be limit ed to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared, under this Agreement s hall be the property of CITY, but CONTRACTOR may retain and use copies thereof.
CITY shall not be limited, in any way, in its use of said material, at any time, for work associated with Project. However, CONTRACTOR shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to the release of this material to third parties for work other than on Project.
11. Indemnity
To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including attorney fees, arising out of the performance of the services described herein, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or w illful misconduct acts of the CITY. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement.
12. Insurance Requirements
The City requires that CONTRACTOR maintain insurance requirements on the Pacific Insurance Network System (PINS). CONTRACTOR shall take out and maintain during the life of this Agreement policies of insu rance as specified in Exhibit " C" attached and incorporated by reference, and shall provide all certificates and/or endorse ments as specified in Exhibit " C" through PINS for approval by the City Risk Manager prior to CONTRACTOR (or subcontractor) commencing any work under this Agreement.
13. Wage Rates
Pursuant to the Labor Code of the State of California, or any applicable local law, Owner Attachment 1
has ascertained the general prevailing rate per diem wages and rates for holidays, and overtime work in the city, for each craft, classification or type of laborer, w orker, or mechanic needed to execute this Contract. Owner has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labo r Statistics and Research of the State of California, Department of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, California. Wage rates can also be obtained through the California Department of Industrial Relations website at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the CONTRACTOR or any subcontractor may base any claim against Owner.
It shall be mandatory upon CONTRACTOR and upon any subcontractor to pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the Contract. It is further expressly stipulated that CONTRACTOR shall, as a penalty to Owner, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic paid less then the stipulated prevailing rates for any work done under this Contract by CONTRACTOR or by any subcontractor; and CONTRACTOR agrees to comply with all provisions of Section 1775 of the Labor Code.
In case it becomes necessary for CONTRACTOR or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate is herein specified, CONTRACTOR shall immediately notify Owner who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish CONTRACTOR with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
14. Conflict of Interest
CONTRACTOR shall avoid all conflicts of interest, or appearance of conflict, in performing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONTRACTOR is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the pr oceeds thereof. During the term of this Agreement CONTRACTOR shall not accept employment or an obligation which is inconsistent or incompatible with CONTRACTOR’S obligations under this Agreement.
15. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law or choice of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
16. Records, Reports and Documentation
Attachment 1
CONTRACTOR shall maintain complete and accurate records of its operation, including any and all additional records required by CITY in writing. CONTRACTOR shall submit to CITY any and all reports concerning its performance under this Agreement that may be requested by CITY in writing. CONTRACTOR agrees to assist CITY in meeting CITY's reporting requirements to the state and other agencies with respect to CONTRACTOR's work hereunder. All records, reports and documentation relating to the work performed under this Ag reement shall be made available to City during the term of this Agreement.
17. Termination of Agreement
A. If CONTRACTOR defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONTRACTOR. In the event of such termination, CONTRACTOR shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONTRACTOR shall present CITY with any work product completed at that point in time.
B. Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONTRACTOR. In the event of such termination, CONTRACTOR shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate.
CONTRACTOR shall present CITY with any work product completed at that point in time.
C. If CITY fails to pay CONTRACTOR, CONTRACTOR at its option may terminate this Agreement if the failure is not remedied by CITY within 30 days after written notification of failure to pay.
18. Subcontracting
None of the services covered by this Agreement shall be subcontracted without the prior written consent of CITY. Such consent may be issued with notice to proceed if subcontract CONTRACTORs are listed in the project work plan.
19. Compliance with Laws
A. CONTRACTOR shall not discriminate against, or engage in the harassment of, any City employee or volunteer or any employee of CONTRACTOR or applicant for employment because of an individual’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any protected characteristic in violation of federal or state law . This prohibition shall apply to all of CONTRACTOR’s employment practices and to all of CONTRACTOR’s activities as a provider of services to the City.
Attachment 1
B. CONTRACTOR shall comply with all fede ral, state and city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement.
20. Changes
CITY or CONTRACTOR may, from time to time, request changes in the terms and conditions of this Agreement. Such changes, which are mutually agreed upon by CITY and CONTRACTOR, shall be incorporated in amendments to this Agreement in accordance with Section 24 below.
21. Other Agreements
This Agreement shall not prevent either Party from entering into similar agreements with others.
22. Severability Clause
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
23. Captions
The captions of the various sections, paragraphs and subparagraphs, of the contract are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
24. Entire Agreement; Amendment
This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced by writing as an amendment to this Agreement signed by all parties. If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.
25. Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
26. Miscellaneous
Time shall be of the essence in this Agreement. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
Attachment 1
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF SUNNYVALE ("CITY") STORM WATER INSPECTION & MAINTENANCE INC. ("CONTRACTOR")
By__________________________ By___________________________ City Manager
_____________________________
Name and Title
ATTEST:
By___________________________ By___________________________ _____________________________
Name and Title
APPROVED AS TO FORM:
By___________________________
City Attorney
Attachment 1
Exhibit A
SCOPE OF WORK
A. Project Overview
CONTRACTOR will install up to 350 Stormtek ST3G Catchbasin Connector Pipe Screens (Connector Pipe Screens) at locations identified by City in Attachment 1. The Stormtek ST3G Connector Pipe Screens is approved by the San Francisco Water Quality Control Board as a full trash capture device and meets the requirements of trapping all particles that are 5-millimeter or greater, and has a design treatment capacity that is either: 1. Of not less than the peak flowrate resulting from a one-year, one-hour storm event (design storm) in the subdrainage area, or 2.
Appropriately sized and designed to carry at least the same flows as the corresponding storm drain. Consistent with these requirements, the Systems shall not bypass trash below the design storm under maximum operational loading conditions and shall not have a diversion structure present upstream such that a portion of the peak flow is not treated to trap all particles 5- millimeter or greater.
B. Product Description
CONTRACTOR shall manufacture and install Stormtek ST3G Connector Pipe Screen trash control devices as shown in Attachment 1 and meeting the following specifications:
• Connector Pipe Screen to be constructed of heavy-gage stainless steel with 5-millimeter openings in screen. Total openings constitute approximately 50% of screen surface. All stainless steel components of the Connector Pipe Screen, including mounting frame members and structural supports, are to be welded to the Connector Pipe Screen. All exposed welds must be treated with a galvanizing spray to prevent deterioration, oxidation or rust.
• Connector Pipe Screen must be a shape to maximize hydraulic transfer and minimize the potential of clogging. The removable portion of the Connector Pipe Screen must be installed vertically onto the mounting frame directly in front of the discharge pipe with minimal gaping to prevent unintended bypass.
• Unit must include stainless steel framing with structural supports spaced appropriately to withstand a 10-year storm event.
• Mounting rails/frame and all bolts and hardware must be made of stainless steel and bolted securely to the catch basin wall.
• Each Connector Pipe Screen shall be properly engineered with an overflow feature to allow storm water to pass over the screen and flow directly into the discharge pipe to minimize potential flooding.
• The unit must be easily removable by field staff.
• Unit must have a solid, welded, stainless steel loop attached to the top surface of the Connector Pipe Screen that could be ‘hooked’ with a hand-held pick axe or manhole cover removal hook to facilitate device removal. This loop must be sturdy enough to withstand pulling forces from above while under load of water in a full catch basin. • In order to be removed in emergency, device must be sized to fit out of catch basin opening.
Attachment 1
• Each Connector Pipe Screen shall carry a minimum two-year warranty on each unit.
C. Field Measurement
CONTRACTOR shall measure each catch basin to determine proper connector pipe screen sizing and submit drawings and capacity calculations for screen and overflow for City approval.
Drawings shall indicate whether catch basin bottom is flat or curved and the type of top, overflow or screened. The field measurements along with an explanation of any required design modifications shall be submitted and approved 15 days prior to installation of a Connector Pipe Screen, or as otherwise agreed by the City. CONTRACTOR will provide a list and documentation of catch basins where Connector Pipe Screens cannot be installed, including an explanation of infeasibility and any identified issues.
D. Manufacture of Connector Pipe Screen
CONTRACTOR will manufacture up to 350 Connector Pipe Screens for delivery to and installation in the City of Sunnyvale.
E. Installation of Connector Pipe Screens
City must approve the CONTRACTOR’S proposed schedule of installations, including hours work will be performed. Installation schedule is due to the City within 15 days prior to installation of first Connector Pipe Screen, or as otherwise agreed by the City.
CONTRACTOR shall install Connector Pipe Screens in City designated catch basin inlets.
CONTRACTOR Responsibilities:
• All installations must be done in accordance with OSHA requirements. • CONTRACTOR will place a Stormtek marking medallion on each inlet where a connector pipe screen is installed.
• CONTRACTOR will provide a detailed digital report with before/after pictures included within 7 days after installation.
City Responsibilities:
• The City will clean the catch basin prior to the installation of the catch basin connector pipe screen.
• The City will provide appropriate traffic control in accordance with the City of Sunnyvale’s Temporary Traffic Control Guidelines.
F. Repair of Installed Connector Pipe Screens
CONTRACTOR shall provide repair or replacement of Connector Pipe Screens that are installed and identified as damaged on an as needed basis. Additional services or repairs will be quoted based on specific sites and repairs or replacements needed, separately from the installation services.
G. Project Schedule
Approximately 11 connector pipe screens to be completed by June 26, 2023.
Attachment 1
The total of up to 350 connector pipe screens to be completed by September 30, 2023.
The full contract term to be through April 30, 2024, inclusive of repair services.
The City must approve the installation of all devices prior to issuance of the invoice payment.
Attachment 1
Attachment 1
MODEL ST3G: REMOVABLE INSTALLATION WITH VERTICAL
GRATING
Attachment 1
MOUNTING FRAME
Attachment 1
DESCRIPTION OF DESIGN ELEMENTS
• The mounting frame can be made of coated or stainless steel. Frame members are made from 2” flat bars with a minimum thickness of 3/16 inch.
• The insert screen is made of heavy-gage sheet metal with 5 millimeter (mm) openings. Total openings constitute 50% of the screen surface. Top 4 inches of the screen is grated with bars spaced at 2 inches on center.
• Insert top cover is made of heavy-gage sheet metal screen with 5 mm openings and 1” support frames.
• Structural support members for the screen and top cover are made of coated or stainless steel. Members are made from 1” flat bars with a minimum thickness of 1/8 inch.
• Mounting frame members are welded
• Structural support frame members are welded
• Insert screens are welded onto structural support frames.
• Mounting frames are bolted onto the catch basin wall at the outlet opening.
Mounting frames are to be anchored at all four corners with HILTI expansion anchors or equal.
• Inserts are installed vertically onto the mounting frame directly in front of the outlet opening.
• The insert is completely removable by lifting it off the mounting frame
Attachment 1
P.O. Box 1627
866-967-9467
Discovery Bay CA 94505
City of Sunnyvale
Quote Number 20230217-110045790
Quote Date: Feb 17, 2023 | Expiration Date: Apr 19, 2023 Billing Address
City of Sunnyvale
456 W. Olive Ave
Sunnyvale, CA, 94086
Service Address
City of Sunnyvale
Various Locations
Contacts
Emma Hinojosa
Environmental Engineering
Coordinator
[email protected]
+14087307764
- Quote is for the installation of 350 StormTek Connector Pipe Screen Devices. - Quote re ects prevailing wage costs.
- Quote does NOT include pricing for tra c control, see purchase terms below for more information.
- Quote does NOT include pricing for cleaning the catch basins prior to installation. The City of Sunnyvale will be responsible for the cleaning of the catch basins prior to installation.
- If the City of Sunnyvale would like for SWIMS to clean the devices prior to installation, we can do so at an additional cost.
** Freight included in the pricing.
Products & Services
Proposed Services
PRODUCTS &
SERVICES
DESCRIPTION QUANTITY
UNIT
PRICE
TOTAL
STORMTEK -
DESIGN
Design - Field Veri cation, Mapping,
Measuring for StormTek Device.
350 $75.00 $26,250.00
Attachment 1
Total $473,411.75
PRODUCTS &
SERVICES
DESCRIPTION QUANTITY
UNIT
PRICE
TOTAL
STORMTEK -
BUILD
Build - Design, Fabricate, Manufacture
StormTek Device to speci cation.
350 $850.00 $297,500.00
STORMTEK -
INSTALL
Install - Installation of StormTek Device.
Detailed digital report with before/after
pictures included.
350 $350.00 $122,500.00
OTHER FEES TOTAL
Sales Tax ---
9.13%
$27,161.75
TERMS & CONDITIONS:
SWIMS is not responsible for any malfunction to the lter structure, system or other devices that results from negligence, improper installation, lack of maintenance, maintenance by on-site or third parties or damage to lter structures from natural occurrences. Maintenance contracts do not include the costs for repair or replacement of damaged lter structures or system devices. Additional services or repairs will not be performed without consent of customer and will be quoted and invoiced separately from this contract.
TRAFFIC CONTROL & PREVAILING WAGE: SWIMS does not include Tra c Control, Payment/Performance Bonds or Prevailing Wage in estimates unless speci cally noted as a line item and rates are speci ed.
PRICING: All estimates are valid for 60 days. Repricing may occur after 1 year.
CARS PARKED: All service areas (vaults, catch basins, etc.) must be accessible and unobstructed on the day of scheduled service. If SWIMS is unable to complete the service due to lack of access, it is the client’s responsibility to request SWIMS to return. If a return trip is requested a $500.00 mobilization fee will be added. Site maps are available upon request so proper arrangements can be made prior to our arrival. Any third-party compliance fees for vendor set, insurance, or invoicing will be added to the cost of services.
Purchase terms
Attachment 1
Exhibit C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, their agents, representatives, or employees.
Minimum Scope and Limits of Insurance. Contractor shall maintain limits not less than:
1. Commercial General Liability: coverage written on an occurrence basis with limits not less than $2,000,000 per occurrence and $1,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form shall be at least as broad as CG 0001.
2. Automobile Liability: coverage with a combined single limit of not less than $1,000,000 per occurrence applying to all owned, non-owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form at least as broad as CA 0001.
3. Workers’ Compensation: Statutory Limits and Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Industry Specific Coverages. If checked below, the following insurance is also required:
☐ Liquor Liability coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence.
☒ Professional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☐ Valuable Papers and Electronic Data Processing with limits not less than $10,000 each.
☐ Cyber Liability coverage with limits not less than of $1,000,000 per occurrence or claim.
☐ Crime coverage with limits not less than $500,000 to include third party premises endorsement.
☐ If working directly with minors, the Certificate of Insurance must include coverage for molestation and sexual abuse with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate.
☐ Garage Liability coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence.
☐ Garage Keepers Liability coverage with limits not less than $100,000 per location. ☐ On-Hook coverage with limits not less than $100,000 per vehicle.
Attachment 1
Deductibles, Self-Insured Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale, Risk Manager. The Contractor shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
The aforementioned insurance requirements can be met through any combination of self- insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions:
1. During the term of the contract, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Contractor’s commercial general liability policy (and if applicable liquor liability, valuable papers and electronic data processing, cyber liability, sexual abuse and molestation policies) with respects to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
Additional Insured Endorsement for ongoing operations at least as broad as ISO CG 20 10 Scheduled, or automatic CV 20 38 and completed operations shall be at least as broad as ISO CG 2037 scheduled or automatic ISO CG 2040.
2. During the term of the contract, the Contractor’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. For all Architects, Engineers and Design Professionals - If Industry Specific Coverage box is checked above and if the Contractor’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. c. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work
4. For any claims related to this project, the Contractor’s insurance shall be primary. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it and shall be at least as broad as ISO CG 20 01 04 13.
5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.
6. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in Attachment 1
limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Sunnyvale.
8. Any umbrella or excess Insurance Liability policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including the additional insured, SIR, and primary and non-contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City’s own Insurance or self-insurance shall be called upon to contribute to a loss.
9. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the Contractor’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, and who are admitted and authorized to do business and in good standing in California unless otherwise acceptable to the City of Sunnyvale’s Risk Manager.
Verification of Coverage:
Contractor shall furnish the City of Sunnyvale with an original Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale, Risk Manager prior to commencement of work.
The Contractor shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
For all insurance policy renewals during the term of this Contract, Contractor shall submit insurance certificates reflecting the policy renewals through PINS.
Subcontractors:
Contractor shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of Contractor to verify existence of sub-contractor’s insurance shall not relieve Contractor from any claim arising from sub-contractors work on behalf of Contractor.
Attachment 1