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25-014 Cotton Shires & Assoc, Inc for Geologic and Geotechnical Peer Review for 10621 Madera DriveCotton Shires & Assoc, Inc
Page 1 of 9 Professional/Consulting Contracts /Version: April 2024
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Cotton Shires & Assoc, Inc (“Contractor”), a Corporation for Geologic and Geotechnical
Peer Review for 10621 Madera Drive, and is effective on the last date signed below (“Effective
Date”).
2. SERVICES
2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in
detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees
to carry out its work in compliance with any applicable local, State, or Federal order regarding
COVID-19.
2.2 Contractor’s duties and services under this agreement shall not include preparing or
assisting the City with any portion of the City’s preparation of a request for proposals, request for
qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to
any subsequent phase of this project. Contractor’s participation in the planning, discussions, or
drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial
plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a
subsequent contract on any subsequent phase of this project have access to the same information,
including all conceptual, preliminary, or initial plans or specifications prepared by contractor
pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30, 2025 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by June 30, 2025. The City’s appropriate department head
or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
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4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$3,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and
any of its employees, agents, and subcontractors shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall have
no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event
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that Contractor or any employee, agent, or subcontractor of Contractor providing services under this
Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority,
including but not limited to the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and
interest on such contributions, which would otherwise be the responsibility of City, and actual
attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered “works for hire” and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
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Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
Act, California Government Code section 6250 et seq. Contractor shall comply with all laws
regarding the retention of public records and shall make such records available to the City upon
request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
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(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
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13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Danielle Condit as the City’s representative for all
purposes under this Agreement, with authority to oversee the progress and performance of the
Scope of Services. City reserves the right to substitute another Project manager at any time, and
without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns John M. Wallace as
its single Representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule
of Performance. Contractor must regularly update the City’s Project Manager about the progress
with the work or any delays, as required under the Scope of Services. City written approval is
required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City’s pre-approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award
must be supported by law and substantial evidence and include detailed written findings of law
and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Danielle Condit
Email: daniellec@cupertino.gov
To Contractor:
Cotton Shires & Assoc, Inc.
330 Village Lane
Los Gatos, CA 95030-7218
Attention: John M. Wallace
Email: jwallace@cottonshires.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
John Wallace
Principal Engineering Geologist
01/10/2025
Benjamin Fu
Director of Community Development
02/18/2025
02/18/2025
Northern California Office Central California Office Southern California Office
330 Village Lane 6417 Dogtown Road 699 Hampshire Road, Suite 101
Los Gatos, CA 95030-7218 San Andreas, CA 95249-9640 Thousand Oaks, CA 91361
(408) 354-5542 • Fax (408) 354-1852 (209) 736-4252 (805) 370-8710
www.cottonshires.com
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
November 20, 2024
C6064
Danielle Condit
Associate Planner
Community Development.
Cupertino, CA
SUBJECT: Geologic and Geotechnical Peer Review Proposal
RE: 10621 Madera Drive
Cupertino, California
Dear Ms. Condit,
Cotton, Shires and Associates, Inc. (CSA) is pleased to provide you with this
proposal for geologic and geotechnical peer review services for the proposed project at
10621 Madera Drive, Cupertino, California. We understand that the proposed project
consists of splitting the existing lot into 2 separate lots, and constructing a new single-
family residence on the new lot. We are providing the following scope of work,
schedule and fee to complete our peer review:
GEOLOGIC AND GEOTECHNICAL PEER REVIEW
A. Document Review – We will review the documents provided to us from
an engineering geologic and geotechnical engineering perspective related
to the proposed site development, as well as review published documents
and maps related to the site.
B. Aerial Photographs – We will review historical stereo-pair aerial
photographs, as well as LiDAR and Google Earth aerial images, to
evaluate site geomorphology and note any changes to the site over time.
C. Site Reconnaissance – We will request access to observe the site to
evaluate the site geologic conditions with respect to the proposed project
grading and construction.
D. Reporting – We will summarize our review of the documents and site
observations and generate peer review letter outlining our findings and
recommendations.
EXHIBIT - A
Danielle Condit November 20, 2024
Page 2 C6064
COTTON, SHIRES AND ASSOCIATES, INC.
SCHEDULE
We are prepared to start within one week of authorization to proceed and
anticipate that the Peer Review would take approximately 2 weeks to complete, pending
timely site access authorization.
FEE
We propose to invoice you for our services monthly on a time-and-expenses, not-
to-exceed basis in accordance with our existing service agreement with the City. We
estimate that our fees for the Geologic and Geotechnical Peer Review would not exceed
$3,000.
AGREEMENT
If you agree with the Scope of Work, Schedule, and Fee outlined above, please
sign one copy of this confirming agreement and return it to our office. Receipt of the
signed confirming agreement and retainer fee will constitute authorization for us to
proceed.
We look forward to providing you with the professional services discussed
above. If you have any questions, or need additional information, please contact us.
Very truly yours,
COTTON, SHIRES AND ASSOCIATES, INC.
City Geotechnical Consultant
John M. Wallace
Principal Engineering Geologist, CEG 1923
Reviewed By:
Patrick O. Shires, President
Approved and Authorized By Date
JMW:POS:st
EXHIBIT - B
EXHIBIT - C
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/18/2024
License # 0E67768
(925) 660-3530
13056
Cotton, Shires and Associates, Inc.
646 University Avenue
Los Gatos, CA 95032
A 2,000,000
PSB0006677 2/1/2024 2/1/2025 1,000,000
10,000
2,000,000
4,000,000
4,000,000
1,000,000A
PSA0002275 2/1/2024 2/1/2025
4,000,000A
PSE0002888 2/1/2024 2/1/2025 4,000,000
A
PSW0003773 2/1/2024 2/1/2025 1,000,000
1,000,000
1,000,000
A Professional Liab.RDP0053354 2/1/2024 Per Claim 2,000,000
A Professional Liab.RDP0053354 2/1/2024 2/1/2025 Aggregate 4,000,000
All operations of the Named Insured.
General Liability: Please see Additional Insured Endorsement attached; such coverage is Primary & Non-Contributory, with Waiver of Subrogation and Per
Project Aggregate included, as required by written contract.
Auto Liability: Please see Additional Insured Endorsement attached, as required by written contract.
Workers' Compensation: Waiver of Subrogation is included as per attached Waiver of Subrogation Endorsement, as required by written contract.
GENERAL LIABILITY & AUTO LIABILITY ADDITIONAL INSURED INCLUDES THE FOLLOWING PERSON(S) OR ORGANIZATION(S):
The City of Cupertino, its City Council, officers, officials, employees, and authorized agents, servants and authorized designated volunteers and/or as
SEE ATTACHED ACORD 101
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95032
COTTSHI-01 SUMMANR
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
Tamatha Rogers-Barnett
Tammy.Rogers@ioausa.com
RLI Insurance Company
X
2/1/2025
X
X
X
X
X X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
IOA Insurance Services
COTTSHI-01
SEE PAGE 1
1
SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0E67768
1
SEE P 1
Cotton, Shires and Associates, Inc.
646 University Avenue
Los Gatos, CA 95032
SEE PAGE 1
SUMMANR
1
Description of Operations/Locations/Vehicles:
required by written contract.
General Liability Deductible: $0. Auto Liability Deductible: Comp $500/Coll $500. Excess Liability Deductible: $0. Worker's
Compensation: $0. Professional Liability deductible per claim is $70,000.
30-day notice of cancellation is included per the policy provisions.
Policy Number:RLI Insurance Company
Named Insured:
PPA 300 03 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement
Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
Cotton, Shires and Associates, Inc.
PSA0002275
PPA 300 03 13
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-
iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days
following the acquisition or formation of the business
entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any “employee” of yours is an “insured” while using
a covered “auto” you don't own, hire or borrow in
your business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage
form in a contract or agreement that is executed by
you before the “bodily injury” or “property damage”
occurs is an “insured” for liability coverage, but only
for damages to which this insurance applies and
only to the extent that person or organization
qualifies as an “insured” under the Who Is An
Insured provision contained in SECTION II –
COVERED AUTOS LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
“property damage” occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions,
5. Transfer Of Rights Of Recovery Against
Others To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
“loss”, provided that the “accident” or “loss” arises
out of the operations contemplated by such contract.
The waiver applies only to the person or
organization designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee's”
name, with your permission, while performing
duties related to the conduct of your business.
2.Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b.For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
“autos” you own:
(1) Any covered “auto” you lease, hire, rent
or borrow; and
(2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties
related to the conduct of your business.
However, any “auto” that is leased,
hired, rented or borrowed with a driver is
not a covered “auto”.
F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition
of the following:
In the event of a total “loss” to a covered “auto”
shown in the Schedule of Declarations, we will pay
any unpaid amount due on the lease or loan for a
covered “auto”, less:
1.The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy;
and
2.Any:
a.Overdue lease/loan payments at the time of
the “loss”;
2001 National Council on Compensation Insurance, Inc.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B
(Ed. 7-01)
POLICY INFORMATION PAGE ENDORSEMENT
The following item(s)
Insured’s Name (WC 89 06 01) Item 3.B. Limits (WC 89 06 12)
Policy Number (WC 89 06 02) Item 3.C. States (WC 89 06 13)
Effective Date (WC 89 06 03) Item 3.D. Endorsement Numbers (WC 89 06 14)
Expiration Date (WC 89 06 04) Item 4.* Class, Rate, Other (WC 89 04 15)
Insured’s Mailing Address (WC 89 06 05) Interim Adjustment of Premium (WC 89 04 16)
Experience Modification (WC 89 04 06) Carrier Servicing Office (WC 89 06 17)
Producer’s Name (WC 89 06 07) Interstate/Intrastate Risk ID Number (WC 89 06 18)
Change in Workplace of Insured (WC 89 06 08) Carrier Number (WC 89 06 19)
Insured’s Legal Status (WC 89 06 10) Issuing Agency/Producer Office Address (WC 89 06 25)
Item 3.A. States (WC 89 06 11)
is changed to read:
Premium change from taxes, fees and/or surcharges:
*Item 4. Change To:
Classifications Code
No.
Premium Basis
Total Estimated
Annual
Remuneration
Rate Per $100
of
Remuneration
Estimated
Annual Premium
Total Estimated Annual Premium $
Minimum Premium $ Deposit Premium $
All other terms and conditions of this policy remain unchanged.
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 Policy No. Endorsement No.
Insured Premium $
Insurance Company Countersigned by __________________________________________
WC 89 06 00B
(Ed. 7-01)
x
Add PPK 2108 05 11 RLIPack Notice Of Cancellation Or Nonrenewal - Designated Person Or Organization per attached.
$0.00
12-09-2024
PSW0003773 Included
Cotton, Shires and Associates, Inc.
RLI Insurance Company
Policy Number: RLI Insurance Company
Named Insured:
PPK 2108 05 11 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL –
DESIGNATED PERSON OR ORGANIZATION
Schedule
Designated Person or Organization:
Email Address:
US Mail Address:
If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written
notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or
organization in the above schedule.
Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be
sufficient proof of notice.
PSW0003773
Cotton, Shires and Associates, Inc.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95032
30
Policy Number: RLI Insurance Company
PPK 2103 06 10 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® CHANGE ENDORSEMENT
Policy Number: Additional Premium: $______________
Named Insured: Return Premium: $______________
No Premium Change
Endorsement Effective Date (12:01 a.m.): Premium change from taxes, fees and/or surcharges:
It is understood and agreed that this policy is amended as follows:
Premium change noted on this form is for this policy term only.
Any attached documents may include premium amounts that are annualized.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PSA0002275
PSA0002275
Cotton, Shires and Associates, Inc.
X
12/09/2024 $0.00
Add PPK 2108 05 11 RLIPack Notice Of Cancellation Or Nonrenewal - Designated Person Or Organization per attached.
Policy Number: RLI Insurance Company
Named Insured:
PPK 2108 05 11 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL –
DESIGNATED PERSON OR ORGANIZATION
Schedule
Designated Person or Organization:
Email Address:
US Mail Address:
If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written
notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or
organization in the above schedule.
Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be
sufficient proof of notice.
PSA0002275
Cotton, Shires and Associates, Inc.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95032
30
Policy Number: RLI Insurance Company
PPK 2103 06 10 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® CHANGE ENDORSEMENT
Policy Number: Additional Premium: $______________
Named Insured: Return Premium: $______________
No Premium Change
Endorsement Effective Date (12:01 a.m.): Premium change from taxes, fees and/or surcharges:
It is understood and agreed that this policy is amended as follows:
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PSB0006677
PSB0006677
Cotton, Shires and Associates, Inc.
X
Add PPK 2108 05 11 RLIPack Notice Of Cancellation Or Nonrenewal - Designated Person Or Organization per attached.
12/09/2024 $0.00
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
PPB 111 06 10 Page 1
Policy Number: PSB0006677 RLI Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESSOWNERS SUPPLEMENTAL DECLARATIONS –
BUILDING AND LOCATIONS COVERAGES
Businessowners Declarations PPB100 is amended to include:
Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by
Number below.
Effective Date: 12/09/2024
Location Address:646 University Avenue
Los Gatos, CA 95030
Location: Primary Location Building: Building #1
Deductible: $500
Equipment Breakdown Deductible:$500
BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE
Building Replacement Cost $0
Business Personal
Property
Replacement Cost $200,000
Location Level Additional Coverages Limits of Insurance
Building Limit – Automatic Increase 4%
Outdoor Property $10,000
Outdoor Signs Included in Limit of Insurance
Business Income and Extra Expense 12 Months Actual Loss Sustained
Business Income Waiting Period 0 Hour Waiting Period
Extended Business Income 90 Days
Utility Services – Direct Damage $25,000
Utility Services – Time Element $25,000
Water Backup and Sump Overflow $25,000
Equipment Breakdown Included
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
PPB 111 06 10 Page 2
Effective Date: 12/09/2024
Location Address:6417 Dogtown Road
San Andreas, CA 95249
Location: Location #2 Building: Building #1
Deductible: $500
Equipment Breakdown Deductible:$500
BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE
Building Replacement Cost $0
Business Personal
Property
Replacement Cost $26,832
Location Level Additional Coverages Limits of Insurance
Building Limit – Automatic Increase 4%
Outdoor Property $10,000
Outdoor Signs Included in Limit of Insurance
Business Income and Extra Expense 12 Months Actual Loss Sustained
Business Income Waiting Period 0 Hour Waiting Period
Extended Business Income 90 Days
Utility Services – Direct Damage $25,000
Utility Services – Time Element $25,000
Water Backup and Sump Overflow $25,000
Equipment Breakdown Included
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
PPB 111 06 10 Page 3
Effective Date: 12/09/2024
Location Address:320A N Santa Cruz Avenue
Los Gatos, CA 95030
Location: Location #3 Building: Building #1
Deductible: $500
Equipment Breakdown Deductible:$500
BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE
Building Replacement Cost $0
Business Personal
Property
Replacement Cost $16,348
Location Level Additional Coverages Limits of Insurance
Building Limit – Automatic Increase 4%
Outdoor Property $10,000
Outdoor Signs Included in Limit of Insurance
Business Income and Extra Expense 12 Months Actual Loss Sustained
Business Income Waiting Period 0 Hour Waiting Period
Extended Business Income 90 Days
Utility Services – Direct Damage $25,000
Utility Services – Time Element $25,000
Water Backup and Sump Overflow $25,000
Equipment Breakdown Included
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
PPB 111 06 10 Page 4
Effective Date: 12/09/2024
Location Address:437 University Ave
Los Gatos, CA 95030
Location: Location #4 Building: Building #1
Deductible: $500
Equipment Breakdown Deductible:$500
BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE
Building Replacement Cost $0
Business Personal
Property
Replacement Cost $27,951
Location Level Additional Coverages Limits of Insurance
Building Limit – Automatic Increase 4%
Outdoor Property $10,000
Outdoor Signs Included in Limit of Insurance
Business Income and Extra Expense 12 Months Actual Loss Sustained
Business Income Waiting Period 0 Hour Waiting Period
Extended Business Income 90 Days
Utility Services – Direct Damage $25,000
Utility Services – Time Element $25,000
Water Backup and Sump Overflow $25,000
Equipment Breakdown Included
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
PPB 111 06 10 Page 5
Effective Date: 12/09/2024
Location Address:699 Hampshire Road
Suite 102
Thousand Oaks, CA 91361-2352
Location: Location #5 Building: Building #1
Deductible: $500
Equipment Breakdown Deductible:$500
BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE
Building Replacement Cost $0
Business Personal
Property
Replacement Cost $75,000
Location Level Additional Coverages Limits of Insurance
Building Limit – Automatic Increase 4%
Outdoor Property $10,000
Outdoor Signs Included in Limit of Insurance
Business Income and Extra Expense 12 Months Actual Loss Sustained
Business Income Waiting Period 0 Hour Waiting Period
Extended Business Income 90 Days
Utility Services – Direct Damage $25,000
Utility Services – Time Element $25,000
Water Backup and Sump Overflow $25,000
Equipment Breakdown Included
Policy Number: RLI Insurance Company
Named Insured:
PPK 2108 05 11 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL –
DESIGNATED PERSON OR ORGANIZATION
Schedule
Designated Person or Organization:
Email Address:
US Mail Address:
If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written
notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or
organization in the above schedule.
Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be
sufficient proof of notice.
PSB0006677
Cotton, Shires and Associates, Inc.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95032
30
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Version: August 2024
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written
on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Version: August 2024
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-
VII or higher.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Geologic and Geotechnical Peer Review for
10621 Madera Drive
Final Audit Report 2025-02-18
Created:2025-01-08
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAoQq9HQlj84ZHBHfLnx4HQCJ6vLDNiKOe
"Geologic and Geotechnical Peer Review for 10621 Madera Driv
e" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2025-01-08 - 7:21:10 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
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Agreement completed.
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