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25-019 Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2APark Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A 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 Park Engineering, Inc. (“Contractor”), a Corporation for Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A, 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, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2026. 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. Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 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 $160,000.00 (“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 Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 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 auth ority, 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 co pyrights. 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 Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 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; Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 (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. Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 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 Jason Wong 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 Jaemin Park 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. Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 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. Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 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: Jason Wong Email: jasonw@cupertino.gov To Contractor: Park Engineering, Inc. 372 Village Square Orinda, CA 94563 Attention: Jaemin Park Email: jpark@park-eng.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 Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 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 Jaemin Park President 02/20/2025 Christopher D. Jensen Chad Mosley Director of Public Works 02/20/2025 02/20/2025 City of Cupertino EXHIBITS A 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide construction management and testing services for the 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project located on Stevens Creek Boulevard. The CONSULTANT shall provide the services as listed below and ensure all requirements stated in the most current version of the Caltrans Local Assistance Procedure Manual Chapter 16 Administer Construction Contracts are followed and all required Caltrans forms be submitted to the CITY. The CONSULTANT shall utilize a file sharing tool to ensure CITY has access to documents real-time. SECTION 1. GENERAL A.General Performance Requirements: 1.The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY’s Department of Public Works shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY’s Director of Public Works or his/her authorized designee (hereinafter collectively “CITY”) only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 4. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. CONSULTANT shall not substitute any team members without the prior approval of the CITY. 5.CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable design criteria, and communicate with members of the PROJECT team. SECTION 2. TASKS Task 1 – Submittals, Impacts and Schedule Analysis •Review contractor’s planned schedule for conformance with the specifications and for reasonableness of the sequence and duration of the activities. •Assist with the review and approval of contractor submittals required by the construction contract plans and specifications including traffic control plans, Storm Water Pollution Control Plans, and various mix designs. City of Cupertino EXHIBITS A 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. •Support the management of submittals from the contractor, tracking date submitted, duration for review and making sure that submittals are reviewed and returned within the allotted time to prevent any delays. •Prepare and Maintain Submittal Log. Task 2 – Pre-Construction Meeting •Schedule, conduct and document the project’s Pre-Construction Conference with CITY’s Team Members, the Contractor, the Designer and other supporting agency personnel, as needed. •Discuss safety, equal employment opportunity, labor compliance, subcontracting, DBE, Buy America, NEPA avoidance measures, traffic control, schedule, etc. Task 3 – Pre-Construction Jobsite Documentation and Project Setup •Photo documentation of project work and the project site before, during & after construction. •Document all existing pavement markers and striping. Task 4 – Project Management •Coordinate, conduct and summarize weekly progress meetings with the Contractor during construction. •Maintain close contact with CITY’s Project Manager for project status to ensure that the CITY is kept up to date on all project matters. •Review work progress as compared to the planned schedule and notify contractor of schedule slippage. •Act as the single point of contact for all communications and coordination between the contractor, utility companies, regulatory agencies, local businesses and residents, the designer, and the CITY. •Manage and coordinate with project stakeholders, schools, residents, campgrounds, and any necessary utility coordination for conflicts or relocation work required. •Coordinate, manage and respond to Requests for Information (RFI’s) submitted by the contractor, including tracking RFI’s sent to the designers and/or other agencies for their timely response. Maintain RFI log. •Identify actual and potential problems associated with the construction project and recommend sound engineering solutions to the CITY Project Manager. •Assist with the review of contractor’s weekly certified payroll for compliance with prevailing wage requirements and conduct any necessary labor compliance interviews of Contractor’s field staff. Task 5 – Daily Field Inspection and Documentation City of Cupertino EXHIBITS A 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. •Maintain all project records specific to Contractor’s activities including schedule, costs, correspondence, submittals, RFI’s and documenting all daily activities. •Prepare, monitor & distribute Weekly statements of Working Days using LAPM Exhibit 16-A to monitor project schedule. •Monitor and review DBE use by contractor and ensure proper final reporting per the LAPM. •Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, traffic control utilized and any other pertinent information in a daily diary for permanent record. •Project photographs and video documentation of project progress and major work components will be done on a weekly basis and kept for permanent records to support disputes and verify quality for acceptance. •Maintain and enforce safety awareness for the protection of workers and public. •Monitor daily traffic control for both vehicles and pedestrians and modify as necessary to improve public convenience and/or safety. •Prepare engineer’s daily reports to document the work in progress. The daily report must document what work was performed, where and how it was performed, and who performed it. Task 6 – Change Order Management •Review contract documents to determine validity of change orders and provide support to the CITY. •Evaluate contractor's change order requests and claims and make recommendations to the CITY based on the merit and circumstances. •Review and approve change orders with the CITY’s concurrence. •Review cost estimates and back up documentation for any contract change order work. •Prepare independent cost estimates to verify contractor’s cost proposals for change orders. •Negotiate and prepare any contract change orders with justification memorandums for the CITY’s approval. •If change order prices cannot be agreed upon with the contractor, perform work at force account and track all labor, equipment and materials. Task 7 – Progress Payments •Monitor and report on project budget and construction status and provide any necessary info needed for update reports. City of Cupertino EXHIBITS A 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. •Prepare supporting quantity calculations for work performed, including any contract change orders, and progress pay estimates on a monthly basis. •Review contractor’s invoices to verify accuracy and “sign-off” on construction progress pay estimates for CITY’s payment approval. •Review and approve extra work bills verifying hours of labor, equipment and materials and rates for labor, equipment as well as costs for material. •Include change order payments in monthly progress payments and review contractor’s invoices to ensure accuracy. Task 8 – Storm Water Pollution Prevention •Monitor contractor’s construction activities for conformance with the approved Water Pollution Control Plan, SWPPP and NPDES General Permit requirements. Task 9 – Material Testing •Ensure compliance with the County’s Quality Assurance Program. •Ensure materials requiring a Buy America Certification are submitted and reviewed for compliance. •Review all necessary sampling and testing of materials for the project, performed by AME (Team testing) and the Contractor, in accordance with the specifications and ensure that all materials meet the contract requirements. •Make sure that the Contractor performs necessary quality control sampling & testing required and pair any QA testing for test result comparisons. •Review test data and materials certifications submitted by the contractor and suppliers for compliance with the contract requirements. •Schedule and coordinate acceptance and quality assurance sampling and testing to be performed by Applied Materials & Engineering. •Review quality assurance testing as required. Testing will be performed in the frequencies required by the CITY’s quality Assurance Program (QAP) and any other required State and Federal guidelines like the Caltrans Local Assistance Procedures Manual. •Observe and document final testing & acceptance of the utility work performed. •Analyze records of materials used in the project in accordance with ASTM and California Standard Test Methods. Task 10 – Contract Claims Review and Support •Analyze, negotiate, provide recommendation and supporting information to resolve any outstanding potential claims. •Support the CITY to fight and resolve any outstanding issues, looking out for the best interests of the CITY. City of Cupertino EXHIBITS A 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. Task 11 – Project Closeout and Record Drawings •Conduct, review, and follow up on inspection work to assure completion of the contract including any punch list items of work. •Perform final inspection of all work for acceptance. •Inspect work as it is completed. Develop punch list for any needed corrections as the work progresses. •Conduct, review, and follow up on inspection work to assure completion of the contract including any punch list items of work. •Perform final inspection of all work for acceptance. •Finalize all bid item and change order totals for the project’s Final Progress Payment. •Provide recommendation and supporting information to resolve any outstanding potential claims. •Work with the contractor’s staff to prepare and transition, official and accurate construction record drawings and the Final Utilization of DBE Report required. •Prepare all required documents for project close-out for the Agency to assure federal funding reimbursements. We will complete all documents including: Report of Completion, Materials Certificate, Final Inspection Report, Detailed Estimate and Summary, Change Order Summary, Final Utilization of DBE Contractors, Report of Expenditures, and Final Invoice which are all required by Caltrans to ensure full federal fund reimbursement. •Submit all records and documents to the County upon final completion of the project. •Perform any optional services such as claims resolution and detailed schedule analysis City of Cupertino EXHIBITS B 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall perform services set forth in Exhibit A as the construction for this project commences. All final documentation as set forth in Exhibit A shall be provided to the CITY within 4 weeks after notice of completion. City of Cupertino EXHIBITS C 2022-15 Stevens Creek Blvd Class IV Bike Lane Phase 2A Project – Park Engineering, Inc. EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. This Exhibit C on Compensation supplements the provisions of Section 4 of the Agreement on Compensation. 1.BUDGET SCHEDULE A.Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, and reimbursable expenses, shall not exceed ONE-HUNDRED AND SIXTY THOUSAND DOLLARS ($160,000.00). CONSULTANT agrees that it shall perform all the services set forth in Exhibit A of this AGREEMENT, inclusive of reimbursable expenses, for the maximum not to exceed amount of ONE-HUNDRED AND SIXTY THOUSAND DOLLARS ($160,000.00). B.Method of Payment The method of payment for this AGREEMENT will be based on actual cost. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “A” above shall not be exceeded, unless authorized by AGREEMENT amendment. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. C.Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included in the Maximum Compensation shown above and shall be billed to the CITY by the CONSULTANT. D.Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows in the following attached Cost Proposal from the CONSULTANT AND SUBCONSULTANTS. 106.55%FEE = 12.00% Base Rate Regular Rate Overtime Rate Pre-Con Construction Close-out BASE BID Tricia Baxter, PE Project Manager/ Resident Engineer 101.02$ 233.70$ 233.70$ 20 200 30 250 0 58,423.91$ Andy Bodo, EIT Senior Construction Inspector 73.97$ 171.12$ 256.68$ 16 480 8 504 10 88,811.00$ Direct Cost Applied Materials & Engineering (AME) Materials Testing and Source Inspection 10,000.00$ 157,234.91$ 2. Baseed on 60 working days with pre-construction and post construction. 3. No mark up on direct costs (sub-consultants) in accordance with federal aid project requirements. TOTAL = 1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties. City of Cupertino Stevens Creek Boulevard Class IV Bikeway Phase 2A City Project No. 2022-15 OVERHEAD RATE = Name/Classification Rates Hours Total Regular Hours Total Overtime Hours Cost (Estimate - As Needed) Per Hour 1 HMA Sampling, Group 3 $125.00 2 Compaction Testing, Group 3 $125.00 UNIT TEST COSTS Per Set 1 Concrete Compression, per set of 5 (includes pick-up)$450.00 2 Sieve Analysis, each $240.00 3 Sand Equivalent, each $125.00 4 Cleanness Value, each $280.00 5 Moisture Content, each $55.00 6 Durability Index, each $280.00 7 LA Abrasion $750.00 8 Concrete Aggregate Tests (2 Sieves, 1 Cleanness value, 2 moisture content, 1 sand eq.)$995.00 9 HMA JMF Verification or Production Startup, each $8,000.00 10 HMA Production Testing, each $4,500.00 11 Moisture-Density Curve or Cal Impact Test, each $650.00 12 Core Density, each $120.00 13 CIR IDT $800.00 OTHER COSTS 1 Project Management, per hour $195.00 2 Final Affidavit, each $400.00 BASIS OF CHARGES Minimum charge per call-out, show-up:4 Hours Work from 4-8 hours:Actual Time Travel to job site:Portal-to-Portal Mileage to shop & jobsite:$0.75 per mile Parking:To be provided Work over 8 and up to 12 hours per day, or on Saturday, per hour Time & One Half Work over 12 hours per day, or on Sundays and Holidays, per hour Double Time INSPECTION RATES The estimated fees are based on the following State and Federally mandated prevailing hourly inspection rates and unit tests costs. Rates will be adjusted in accordance with DIR prevailing wage adjustments; certified payroll, if required, will be billed at higher rates. MATERIAL TESTING FEES- QUALITY ASSURANCE A.HOURLY AND UNIT COSTS & BASIS OF CHARGES 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. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) � 01/15/2025 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brick Insurance Agency rit,gN:o Extl: (925) 687-6262 I FAX IA/C Nol: (925) 687-6263 1460 Washington Blvd., Suite 213 E-MAIL customerservice@brickinsurance.netADDRESS: INSURER/SI AFFORDING COVERAGE NAIC# Concord CA 94521 INSURER A: TRAVELERS IND CO OF CT 25682 INSURED INSURER B: TRAVELERS 31194 Park Engineering, Inc INSURER C: 372 Village Sq INSURER D: INSURER E: Orinda CA 94563-2506 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 LTR A A A A B TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY I CLAIMS-MADE [&] OCCUR � � GEN'L AGGREGATE LIMIT APPLIES PER: � POLICY □ j�& □Loe OTHER: AUTOMOBILE LIABILITY X ANY AUTO � OWNED -x SCHEDULED AUTOS ONLY _ AUTOS X HIRED NON-OWNED AUTOS ONLY AUTOS ONLY - X UMBRELLA LIAB �OCCUR EXCESS LIAB CLAIMS-MADE DED I I RETENTION t WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability ADDL SUBR POLICY EFF POLICY EXP '"'"" ""''" POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ 680-1P219042 10/01/2024 10/01/2025 BA-4S313663 10/01/2024 10/01/2025 CUP-1 P219299 10/01/2024 10/01/2025 N/A UB-1 R29143A 10/01/2024 10/01/2025 106002118 10/01/2024 10/01/2025 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES /Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ $ fi:���l':i��llNGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ EACH OCCURRENCE $ AGGREGATE $ $ XI �i�TUTE I I OTH-ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ EACH CLAIM AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 2,000,000 1,000,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 $2,000,000 $4,000,000 If required by written contractual agreement, the certificate holder shall be covered as additionally insured as per endorsements CG D3 81 09 15; CA T4 20 02 15; WC 99 06 R3; IL T 4 00 05 19; CA T 4 7 4 02 16 worker's compensation waiver of subrogation. CGL Deductible $0 Auto Deductible $0 Workers Comp Deductible $0 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino, CA 95014-3255 ��-6�� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.The fo llowing is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a.Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b.If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c.With respect to the independent acts or omissions of such person or organization; or d.For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e.This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f.This insurance does not apply to the rendering of or failure to render any "professional services". g.In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill - Limits Of Insurance. h.This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products­ completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2.The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1)The "bodily injury" or "property damage" for which coverage is sought occurs; and (2)The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 680-1P219042 BA-4S313663 K.AIRBAGS The following is added to Paragraph B.3., Exclu­ sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in­ flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a.If that "auto" is a covered "auto" for Compre­ hensive Coverage under this policy; b.The airbags are not covered under any war- ranty; and c.The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L.AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover­ age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Scheduleor Declarations for which Physical Damage Cov­ erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto"less the following: (1)The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2)Any: (a)Overdue lease or loan payments at the time of the "loss"; (b)Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c)Security deposits not returned by the les­ sor; (d)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease: and (e)Carry-over balances from previous loans or leases. M.BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI­ TIONS: 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 ex­ tent required of you by a written contract exe­ cuted prior to any "accident" or "loss", pro­ vided that the "accident" or "loss" arises out of the operations contemplated by such con­ tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BA-4S313663 BA-4S313663 Park Engineering, Inc. for Stevens Creek Class IV Bike Lane Phase 2A Final Audit Report 2025-02-21 Created:2025-02-20 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAsennL2YChEOqDY3btEBG_AEQufHGW5JV "Park Engineering, Inc. for Stevens Creek Class IV Bike Lane P hase 2A" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-02-20 - 7:02:45 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2025-02-20 - 7:06:05 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2025-02-20 - 7:06:20 PM GMT- IP address: 52.202.236.132 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2025-02-20 - 7:10:34 PM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Jaemin Park (jpark@park-eng.com) for signature 2025-02-20 - 7:10:37 PM GMT Email viewed by Jaemin Park (jpark@park-eng.com) 2025-02-20 - 7:10:54 PM GMT- IP address: 146.75.154.1 Document e-signed by Jaemin Park (jpark@park-eng.com) Signature Date: 2025-02-20 - 11:33:15 PM GMT - Time Source: server- IP address: 24.130.112.205 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2025-02-20 - 11:33:18 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2025-02-20 - 11:33:24 PM GMT- IP address: 3.232.50.116 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2025-02-20 - 11:36:01 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2025-02-20 - 11:36:03 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2025-02-20 - 11:36:06 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2025-02-20 - 11:36:13 PM GMT- IP address: 52.202.236.132 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2025-02-20 - 11:48:59 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-02-20 - 11:49:02 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-02-20 - 11:49:11 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-02-21 - 0:01:03 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-02-21 - 0:01:03 AM GMT