10-037 Hill Associates, Bruce Hill, Scenic Circle Access CITY OF
\elk /j AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue / Cupertino, CA 95014 3
CUPERTIN 408 - 777 -3200 NO. // ,� d �G ``
BY THIS AGREEMENT, made and entered into this 23rd day of April, 2010, by and between the CITY OF
CUPERTINO (hereinafter referred to as CITY) and
Name: Hill Associates, attn. R. Bruce Hill
Address : 479 N. Santa Cruz Avenue, Los Gatos, CA 95030; Phone: 408 - 395 -2165
(hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows: CONTRACTOR shall provide or furnish the following specified services and /or materials:
Scenic Circle Access to Stevens Creek Trail and Blackberry Farm Park, Project 9136 — provide landscape
architectural and engineering design and construction support services per attached Scope of Services.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Scope of Services, and
Exhibit B, Charge Rate Schedule
TERMS: The services and /or materials furnished under this Agreement shall commence on April 23, 2010
and shall be completed before June 30, 2012.
COMPENSATION: For the full performance of this Agreement. CITY shall pay CONTRACTOR:
Not to Exceed $46,500.00 to be paid on a Time and Materials Basis per the attached Charge Rate Schedule.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, including all costs of defending any claim. caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability , Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non- Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO- ORDINATOR and representative for CITY shall be: 1 / 41 0 ENTERED
NAME: Terry Greene DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: G// CITY OF CUPERTINO:
By /i 41/ B
Title / h i(/Cli 2 n - l-- Terry reeve, City Architect
APPROVALS EXPENDITURE DISTRIBUTION
i'-• RTM. Foil. DATE ACG
I �� AD / � (�l INT lMBFR AMn AMOUNT tt 4 .2.1., 1O 420- 9136 -9300 $46,500.00
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EXHIBIT A
SCOPE OF SERVICES & FEE PROPOSAL
Hill Associates, hereinafter "Consultant ", and subconsultants below will provide landscape
architectural and associated engineering services for Scenic Circle Access to Stevens Creek Trail and
Blackberry Farm Park, city project number 9126. Subconsultants will include the following firms.
• CEA Civil Engineers will provide civil engineering services including topographic surveying.
• Cornerstone Soils Engineers will provide soils engineering support.
• Jana Sokale, Environmental Planning, will provide assistance with restoration and
enhancement native plantings.
ARTICLE I. GENERAL
The City of Cupertino plans to construct a pedestrian and bicycle trail segment connecting the
Scenic Circle neighborhood to the Stevens Creek Trail at Blackberry Farm. The proposed trail
segment will be constructed entirely on City property. The new segment will start from an access
area on Scenic Circle, continue through a fence with a lockable gate, pass through the former Fallen
Oak picnic area, cross over the existing bridge and intersect with the existing trail. All portions of
the new trail segment must conform to current building codes and be fully accessible.
Design scope of work will include:
A neighborhood access area on Scenic Circle Drive with lockable gates and potential landscape
elements such as boulder clusters and tree /shrub plantings.
Trail surface type selection.
Safety upgrades to the existing bridge, including new railings that meet current code for height
and 4" maximum rail spacing and accessible ramps at both ends. The bridge improvements will
also be evaluated for design consistency with other park elements.
Trail alignment options.
Topographic survey information to precisely locate existing trees within the proposed work zone
and provide detailed spot elevation information sufficient to construct the project.
Soils engineering reports and services sufficient to construct the project.
Exhibit _\
Page 1
ARTICLE II. BASIC SERVICES
Basic Services shall consist of the work described in the subsections outlined below, numbered
Tasks 1 through 6. The Consultant's fees shall reflect the assumption that all meetings will be held
in the vicinity of Cupertino and will last on the average of two (2) hours each if with the public and
one (1) hour if with Cite staff.
Task 1. Preliminary Investigation Phase
1.1 Attend kick -off meeting with City staff to refine the design program, project schedule and
construction budget for the project (Mtg. #1).
1.2 Perform topographic surrey work to locate existing frees and spot elevations precisely. The
existing monument at Scenic Circle will be used to tie the survey to existing data.
1.3 Perform soils testing as required to provide subsurface and structural design criteria for the
trail. It is anticipated that soils excavation work will be done by hand or with the aid of a
bobcat, not a drilling rig.
1.4 Prepare digital base sheet from topographic surrey data.
1.5 Perform site reconnaissance and photography.
Task 1 deliverables: Topographic Survey, Soils Report, digital base sheet
Task 2. CEQA /Schematic Phase
2.1 Develop revised conceptual CEQA exhibits for general trail alignment as approved by the Cite
and as required for presentation to stakeholders.
2.2 Attend public meeting and assist City staff as needed to present the conceptual CEQA exhibits
to stakeholders or other group (Mtg. #2).
2.3 Develop alternative design concepts and graphic exhibits for the following elements:
neighborhood access point at Scenic Circle;
bridge railing;
ramp on the east side of the bridge;
alternative trail surface types.
Graphic exhibits shall include colored plans, sections, perspectives and any other necessary
information sufficient to convey the proposed design concepts.
2.4 Prepare a preliminary analysis of probable construction costs for each alternative design
concept for City staff review and comment.
2.5 Meet with City Staff to present the design concepts (Mtg. #3).
2.6 Revise the concepts based on input from City Staff.
Exhibit .1
Page 2
2.7 Attend one stakeholder meeting and assist City Staff to present the design alternatives Eftg.
#4).
2.8 Revise the design alternatives based upon stakeholder and City staff input and incorporate the
preferred design alternative into a Conceptual Trail Alignment Plan.
2.9 Attend one meeting with Parks and Recreation Commission or other group and assist City
staff to present the approved Conceptual Plan as required (Mtg. #5).
Task 2 deliverables: Alternative and final design concepts, CEQA exhibits
Task 3. Design Development Phase
3.1 Based upon the approved Conceptual Plan, Consultant will proceed with Design Development
by refining and further defining the trail surface materials, layout and alignment, grading and
drainage, native plant restoration palette, planting and irrigation, native plant order if
applicable, CEQA mitigation requirements and other elements of the trail design as required.
3.2 Prepare an 85 percent complete submittal of plans, specifications and supporting information,
including but not limited to:
a. Demolition Plan
b. Grading Plan (by Civil)
c. Drainage Plan (by Civil)
d. Horizontal Control Plan (by Civil)
e. Material Reference Plan
f. Site Construction Details
g. Irrigation Plan
h. Irrigation Details
i. Plant Palette, Contract Grow Order if applicable, and Planting Plan
j. Planting Details
k. Technical Specifications
3.3 Prepare an updated cost analysis for the trail unp::ovements for City Staff review. If the
updated cost analysis prepared at this point exceeds the preliminary landscape construction
budget approved at the end of the CEQA /Schematic Design Phase, Consultant will submit a
list of proposed modifications to bring the cost within budget.
3.4 Meet with City Staff to review City comments and revise the plans as appropriate (Mtg. #6).
Task 3 deliverables: 85 °/o Construction Documents and specifications, updated cost
analysis
Task 4. Construction Document Phase
4.1 Prepare and submit 100 percent complete Construction Documents and specifications. This
submittal is to include biddable, completely detailed and comprehensively specified
Exhibit .1
Page 3
information sufficient to construct the Improvements and to achieve a high quality project
within the constraints of public agency- (low bid) construction work.
4.2 Submit an updated pre -bid analysis of probable Construction Costs, and, if the analysis
exceeds the budget, work with City Staff to modify the proposed improvements as necessary
to bring the cost within budget and /or revise the Construction Documents to allow for
bidding desired improvements as bid alternates.
4.3 Meet with staff to review City comments, then : revise the Construction Documents as
appropriate to incorporate agency and City comments (Mtg. #7).
4.4 Submit 100 percent complete Bid Documents that incorporate final revisions to the plans and
specifications as requested by staff. The 100 percent set shall include original reproducible
sheets for the construction plans, digital specifications and cost analysis for all related project
plans. The Construction Documents will be signed by Bruce Hill, a person licensed to practice
Landscape Architecture in the State of California, who will assume responsibility for the design.
Engineering plans and bid documents will be signed by a person licensed to practice civil
engineering in the State of California.
Task 4 deliverables: 100% Construction Iocuments and final Bid Documents, including
plans and specifications, and final cost analysis
Task 5. Bid Phase
5.1 Assist City staff as required in responding to bidder's inquiries and requests for clarification.
5.2 Assist the City, if necessary, in issuing clarification or addenda to the construction
documents.
5.3 Assist City staff, if necessary, in reviewing bids.
Task 6. Construction Administration Phase
6.1 Promptly review submittals and shop drawings fcr conformance to the plans.
6.2. Furnish additional drawings for supplementing, clarifying, and /or correction purposes and for
related change orders.
6.3. Make visits to the job site for on site review of lar..dscape installation, as requested by the
Project Manager (four hours, maximum on site tune).
6.4 Perform a pre - maintenance inspection and report
6.5 Perform a final inspection and project close out report.
6.6 Prepare final `As Built' drawings based on contrac:._or- provided or city- provided mark ups.
Exhibit A
Page 4
Task 6 deliverables: Submittal and shop drawing reviews, site visit, premaintenance and final
inspections, premaintenance and final reports, `as built' drawings.
ARTICLE III. ADDITIONAL SERVICES
The following services are not covered under the Basic Services outlined above. These services shall
be provided by the Consultant as Additional Services on the terms and conditions authorized in
advance by the City of Cupertino in writing.
A. Provide financial feasibility studies, environmental studies or other special studies not covered
under Basic Services.
B. Provide graphics or copy for interpretive signs.
C. Attend additional meetings with outside agencies, City staff, Neighborhood Associations
or Agencies beyond the number described under Basic Services.
D. Make revisions to plans, schedules, specifications, or other documents for bidding and
constructing the project due to the enactment or revision of codes, laws, or other
regulations adopted subsequent to the preparation of such documents.
E. Provide copies of final Construction Document for bidding and construction purposes.
F. Provide plans, specifications or other supporting data in connection with construction contract
change orders when the compensation to the Consultant resulting from the adjusted project
construction cost is not commensurate with the services required of the Consultant.
G. Provide consultation concerning the replacement of any work damaged by fire or other
causes and furnish services as may be required in connection with the replacement of such
work.
H. Provide services made necessary by the default of any contractor or supplier
by major defect or deficiencies in their work or b v failure of the performance of either the
City or the construction contractor under the con tract for the construction work.
I. Provide services related to the work of any contra ctor after the issuance by the City of the
Notice of Completion of the construction contractor's work or, in the absence of the final
certificate for payment, more than sixty (60) days after completion of the work.
J. Prepare to serve or serve as an expert witness for any legal proceedings unless such legal
proceeding is necessitated by design errors or omissions by the Consultant.
K. Provide for the services of professional consultants (other than the Consultant's
design team), at the City's request, for assistance which does not fall within the scope of
Basic Services.
L Provide construction staking.
xhibit A
Page 5
1M. Modify plans or specifications to meet a reduction in construction budget if the construction
budget is reduced by more than 10 percent after its approval by the City at the completion
of the design development phase.
N. Provide revisions or attend additional meetings as necessary if permitting by outside agencies
changes the approved design.
O. Provide study models for alternative design cor. cepts.
ARTICLE IV - FEES AND COMPENSATION TO THE CONSULTANT
Billings will be on a time- and - materials basis by task.
The fee estimate is as follows:
Task 1 Survey, allow $6,500
Task 1 Soils Testing 2,000
Task 1 Other 4,200
Task 1 TOTAL: $ 10,700
Task 2 TOTAL: $6,500
Task 3 Civil engineering 10,500
Task 3 Other 9,000
Task 3 TOTAL: $ 19,500
Task 4 TOTAL: $3,500
Task 5 TOTAL: $1,000
Task 6 TOTAL:
S5,000
Reimbursable Allowance TOTAL $300
146.410 TOTAL NTE FEE
Excluded are the costs of any additional consultants. The cost of reproduction, delivery and
blueprinting services are included in the above fee (up to $300) and will be listed as "Reimbursable
Items" on invoices. The figures cited here are prelunin my estimates of costs based on judgments
about task duration and personnel requirements.
Unused balances from one task may be used for remaining tasks. Revisions may be necessary-
should scope modification occur. Compensation for Additional Services shall be for the actual
professional time required at Consultant's standard hou fly billing rates, reviewed annually, which for
Hill Associates are currently:
Principal, $150; Associate, $95 -75; Admin. $45.
Billing rates for Jana Sokale are $125 per hour.
Billing rates for CEA are included in the Schedule of Charges attached to this proposal.
Exhibit :1
Page 6
•
EXHIBIT C
INSURANCE REQUIREMENTS
CONSULTANT shall furnish to the CITY within 15 days following the execution of this
Agreement, the required certificates and endorsements to provide the City satisfactory proof that
Consultant has taken out for the entire period required by this Agreement, as further described
below, the following insurance and endorsements, in a form satisfactory to City and with an
insurance carrier satisfactory to City, authorized to do business in California and rated by A. M.
Best & Company "A" or better, financial category size FSC Class VII or better or that is
otherwise acceptable to the City, which will protect those described below from claims described
below which arise or are alleged to have arisen out of or result from the acts or omissions of
Consultant for which Consultant may be legally liable, whether performed by Consultant, or by
those employed directly or indirectly by it, or by anyone for whose acts Consultant may be
liable:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one million
dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The
policy shall contain an endorsement waiving all rights of subrogation against the City, its
officers, officials, employees or volunteers. In the event Consultant is self - insured, it
shall furnish Certificate of Permission to Self- Insure signed by Department of Industrial
Relations Administration of Self- Insurance, State of California.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall include coverage for bodily injury and property
damage for owned (if any), hired and non -owned vehicles and shall not be less than
one million dollars ($1,000,000.00), combined single limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include coverage for
bodily injury, property damage and personal injury for premises operations,
product/completed operations and contractual liability. The amount of the insurance
shall not be less than one million dollars ($1,000,000.00) per occurrence and one
million dollars ($1,000,000.00) aggregate, combined single limit. (Claims made
policies are not acceptable.) Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional liability Insurance (including Contractual Liability) shall include
coverage for claims for professional acts, errors or omissions and shall not be less
than one million dollars ($1,000,000.00) pnr claim, and one million dollars
($1,000,000.00) in the aggregate.
C. Additional Insurance Provisions
1. The CITY shall have the right to inspect or obtain a copy of the original policies of
insurance.
Exhibit C
pg. 1
2. On Consultant's Commercial General Liability policy and Automobile Liability
Policy, City of Cupertino and their affiliates, directors, officers, officials, partners,
representatives, employees, consultants. sub consultants and agents, shall be named as
additional insured, but only with respec: to liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts or equipment
furnished in connection with such work or operations. General liability coverage can
be provided in the form of an endorsement to the Consultant's insurance (at least as
broad as ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and
Contractor's Protective Liability Policy, or on the Entity's own form.
3. The general, auto, and professional liability policies shall be endorsed to provide
primary insurance coverage for all claims related to the services provided under this
contract.
4. The certificate of insurance shall state the policy will not be cancelled without thirty
(30) days written notice to the CITY.
5. All policies, endorsements, certificates, and/or binders shall be subject to approval by
the City Manager of the City of Cupertino as to form and content. These
requirements are subject to amendment cr waiver if so approved in writing by the
City Manager.
6. If Consultant fails to maintain any required insurance, City may take out such
insurance, and deduct and retain amount Df premium from any sums due Consultant
under this Agreement.
Exhibit C
pg. 2
Civil 2580 North First Street
Suite 290
Engineering San Jose, CA 95131
Associates Phone: (408) 435 -1066
FAX: (408) 435 -1075
2010 FEE SCHEDULE
THE FOLLOWING FEES ARE EFFECTIVE UNTIL DECEMBER 31, 2010
PRINCIPAL ENGINEER $225.00 HR
SENIOR ENGINEER $190.00 HR
ENGINEER $170.00 HR
CAD TECHNICIAN $140.00 HR
CLERICAL $90.00 HR
2 MAN SURVEY CREW $245.00 HR
ALL SHIPPING AND PRINTING WILL BE BILLED AT COST
Civil Engineers • Planners • Surveyors
Jana Sokale
Environmental Planning
7788 Hazelnut Drive
Newark, California 94560
Phone (510) 793 -3490
FAX (510) 795 -1533
JanaSLC@aiol.com
SCHEDULE OF CHARGES FOR
CONSULTING SERVICES
2010
Consulting Fees Hourly Rate
Principal Planner $125.00
Principal Biologist $125.00
Grant Writer $ 95.00
Senior Biologist $ 95.00
Senior CAD Operator $ 85.00
Technical Assistant $ 75.00
Graphic Designer /Illustrator $ 70.00
Copy Editor $ 65.00
Reimbursable Expenses
Travel Expenses
Fares for commercial carriers, charges
for rental cars and travel expense accounts 1.10 x actual cost
Other Direct Expenses
Cost of copies of drawings, reports and other
Documents, photographic reproduction of
drawings and film processing. 1.10 x actual cost
Charges for Office Equipment Use
Fax 1.50 per page
Copying 0.15 per page
Mileage 0.60 per mile
Statements for consulting services shall be issued every four weeks for payment within 30 days
of receipt. Late fees will be assessed at 1 1 /2 % per month on unpaid balances after 30 days.
Environmental Planning and Fund Development
R ® CERTIFICATE OF LIABILITY INSURANCE OP ID ME DATE (MM /DD/YYYY)
CIVIL-1 04/26/10
PRODUCER PHIS CERTIFICATE IS ISSUED AS A MATTE OE INFORMATION'
Leavitt Pacific Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
695 Campbell Technology Pkwy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Campbell CA 95008
Phone: 408 - 626 -6100 Fax: 408 - 558 -1600 INSURERS AFFORDING COVERAGE
INSURED NAIC
INSURER A. Hartford Casualty Ins Co 29424
INSURER B: Hartford Fire Ins Co 19682
Civil Engineering Associates INSURER C: Property & Casualty Co of Hart 34690
Sa0 North First Street, #290 I D: INSLRER Underwriters at Lloyds
San n Jose CA 95131
j INSLRER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSK AUU'L _
LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM D /YYYY DATE (MM /DD/YYY LIMITS -
GENERAL LIABILITY
EACH OCCURRENCE $ 1 , 000 , 000
A X COMMERCIAL GENERAL LIABILITY 57SBAUY8844 DAMAGtIUIt tNIEU
11/06/09 11/06/10 PREMISES (Ea occurence) $ 300,000
I CLAIMS MADE I X I OCCUR
MED EXP (Any one person). $ 10 000
PERSONAL & ADV INJURY $ 1 , 000 , 000
GENERAL AGGREGATE I $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRODUCTS - COMP /OP AGG $ 2,000,000
PRO
JECT LOC
AUTOMOBILE LIABILITY
I
C X ANY AUTO 57UECNH6086 COMBINED SINGLE LIMIT
11/14/09 11/06/10 (Ea accident) $ 1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY $
(Per person)
HIRED AUTOS
NON -OWNED AUTOS BODILY INJURY I $
(Per accident)
PROPERTY I AG
(Per ac ciden MA E $
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG a $
EXCESS / UMBRELLA LIABILITY
EACH OCCURRENCE I $ 1,000,000
A X OCCUR I I CLAIMS MADE 57SBAUY8844 11/C6/09 11/06/10 AGGREGATE
5 1,000,000
$
DEDUCTIBLE
X RETENTION $ 10000 $
WORKERS COMPENSATION $
AND EMPLOYERS' LIABILITY WC STAI U- OTH
B ANY PROPRIETOR/PARTNER/E?XECUTIV X I TORY LIMITS I ER -
OFFICER /MEMBER EXCLUDED? I 1 5 7WECLQ3282 10/28/09 10/28/10 E.L. EACH ACCIDENT $ 1,000,000
(Mandatory in NH)
If yes, describe under E L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000
SPECIAL PROVISIONS below
OTHER E.L. DISEASE - POLICY LIMIT I $ 1 , 000,000
D Professional Liab 0000001330698 04/12/10 04/12/11 Per Claim
$25,000 Ded $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Aggregate $1,000,000
RE: Scenic Circle Trail.
*10 days notice will be given in the event of cancellation due to
non - payment of premium or non - reporting of payroll.
CERTIFICATE HOLDER CANC:ELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
HILLA -2 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE: TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Hill Associates
IMPOSE: NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn • Robert Bruce Hill
479 North Santa Cruz Ave. REPRESENTATIVES.
Los Gatos, CA 95030 -5300 AUTHOR ZED RE SENTATIVE
/, / /,
ACORD 25 (2009/01) 0‘ ,, /
i 88 !'I 0 • ∎ C � - . - • : PORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
itidi;21 CERTIFICATE OF LIABILITY INSURANCE OP
U RAN C E ID ME DATE (MM /DD/YYYY)
PRODUCER CIVIL -1 04/26/10
THIS CERTIFICATE IS ISSUED AS A MATTER F INFORMATION
Leavitt Pacific Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
L es tal iccns Pk HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Campbell CA 95008 FALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Phone: 408 - 626 -6100 Fax: 408 - 558 -1600 INSURERS AFFORDING COVERAGE
INSURED NAIL
INSURER A: Hartford Casualty Ins Co 29424
INSURER B: Hartford Fire Ins Co 19682
258 01NorthneerstgStreetia$}y 2990 INSL'RERC: property &Casualty Co of Hart 34690
San Jose CA 95131 I INSLRER D: Underwriters a t Lloyds
I INSLRER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSRC TYPE OF INSURANCE POLICY NUMBER I POLICY I!FFECTIVE POLICY E XPIRATION
DATE (MM1IJDD/YYYY) DATE (M /DD/YYYY) LIMITS
GENERAL LIABILITY
EACH OCCURRENCE I $ 1,000,000
A X X COMMERCIAL GENERAL LIABILITY 57SBAUY8844 11/06/09 11/06/1 DANIAUE I U KtIsl I EU
v PREMISES (Ea occuence) 1$ 300,000
CLAIMS MADE X OCCUR
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY t l $ 1,000,000
GENERAL AGGREGATE ! $ 2,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I $ 2 , 0O0 , 000
POLICY PRO-
JECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
11/14/09 11/06/10 (Ea accident) $ 1,000,000
C X ANY AUTO 57UECNH6086
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY $
(Per person)
HIRED AUTOS
NON -OWNED AUTOS BODILY INJURY $
(Per accident)
1
PROPERTY DA MA E $ G
(Per ac PET cident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG ' $
EXCESS / UMBRELLA LIABILITY
EACH OCCURRENCE $ 1,000,000
A X OCCUR I !CLAIMS MADE 57SBAUY8844 11/C6/09 11/06/10 AGGREGATE
$1,000,000
$
X I i DEDUCTIBLE
RETENTION $ 10000 i $
WORKERS COMPENSATION $
AND EMPLOYERS' LIABILITY WC S IMI U- OTH-
B ANY PROPRIETOR/PARTNER/EXECUTIV X (EACH ACCIDENT I ER
OFFICER/MEMBER EXCLUDED?
I I 5 7WECLQ3282 10/28/09 10/28/10 E.L. EACH ACCIDENT $ 1,000,000
(Mandatory in NH)
If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000
SPECIAL PROVISIONS below
OTHER E.L. DISEASE - POLICY LIMIT $ 1,000,000
D Professional Liab 000000133069B 04/12/10 04/12/11 Per Claim
$25,000 Ded $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Aggregate $1,000,000
RE: Scenic Circle Trail. City of Cupertino is named as additional insured
per form SS00080405 attached.
*10 days notice will be given in the event of cancellation due to
non - payment of premium or non - reporting of payroll.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CUPERIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE: TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE: NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
City of Cupertino
10300 Torre Ave.
REPRESENTATIVES.
Cupertino, CA 95014 AUTHOR 'ZEDRE SENTATIVE
ACORD 25 (2009/01)
.'.r , III
i d''88!110• • CO 1 - • = PORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees
We will not pay expenses for "bodily injury": are also insureds, but only with respect to
a. Any Insured their duties as trustees.
To any insured, except "volunteer workers ". 2. Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your "volunteer workers" only while
of any insured or a tenant of any insured. performing duties related to the conduct of
c. Injury On Normally Occupied Premises your business, or your "employees ", other
than either your "executive officers" (if you
To a person injured on that part of are an organization other than a
premises you own or rent that the person partnership, joint venture or limited liability
normally occupies. company) or your managers (if you are a
d. Workers' Compensation And Similar limited liability company), but only for acts
Laws within the scope of their employment by
To a person, whether or not an you or while performing duties related to
"employee" of any insured, if benefits for the conduct of your business.
the "bodily injury" are payable or must be However, none of these "employees" or
provided under a workers' compensation "volunteer workers" are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and
e. Athletics Activities advertising injury":
To a person injured while practicing, (a) To you, to your partners or
instructing or participating in any physical members (if you are a partnership
exercises or games, sports or athletic or joint venture), to your members
contests. (if you are a limited liability
f. Products - Completed Operations Hazard company), or to a co- "employee"
Included with the "products- completed while in the course of his or her
employment or performing duties
operations hazard ". related to the conduct of your
g. Business Liability Exclusions business, or to your other
Excluded under Business Liability Coverage. "volunteer workers" while
C. WHO IS AN INSURED performing duties related to the
conduct of your business;
1. If you are designated in the Declarations as: (b) To the spouse, child, parent,
a. An individual, you and your spouse are brother or sister of that co-
insureds, but only with respect to the "employee" or that "volunteer
conduct of a business of which you are the worker" as a consequence of
sole owner. Paragraph (1)(a) above;
b. A partnership or joint venture, you are an (c) For which there is any obligation
insured. Your members, your partners, and to share damages with or repay
their spouses are also insureds, but only with someone else who must pay
respect to the conduct of your business. damages because of the injury
c. A limited liability company, you are an described in Paragraphs (1)(a) or
insured. Your members are also insureds, (b) above; or
but only with respect to the conduct of your (d) Arising out of his or her providing
business. Your managers are insureds, but or failing to provide professional
only with respect to their duties as your health care services.
managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care
joint venture or limited liability company, you services, Paragraph (d) does not apply
are an insured. Your "executive officers" and to any nurse, emergency medical
directors are insureds, but only with respect technician or paramedic employed by
to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders.
(a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occurred; or
"employees ", "volunteer workers ",
any partner or member (if you are (2) "Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in
"volunteer worker "), or any organization your name under any motor vehicle registration
. while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
Any person or organization having proper responsible for the conduct of such person is
temporary custody of your property if you also an insured, but only with respect to liability
die, but only: arising out of the operation of the equipment, and
only if no other insurance of any kind is available
(1) With respect to liability arising out of the to that person or organization for this liability.
maintenance or use of that property; and However, no person or organization is an insured
(2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co- "employee" of the
d. Legal Representative If You Die person driving the equipment; or
Your legal representative if you die, but b. "Property damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft •
Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that
yours which is a legally incorporated entity is less than 51 feet long and is not being used
of which you own a financial interest of to carry persons for a charge, any person is an
more than 50% of the voting stock on the insured while operating such watercraft with
effective date of this Coverage Part. your permission. Any other person or
The insurance afforded herein for any organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with
as a named insured does not apply to respect to liability arising out of the operation
injury or damage with respect to which an of the watercraft, and only if no other
insured under this insurance is also an insurance of any kind is available to that
insured under another policy or would be person or organization for this liability.
an insured under such policy but for its However, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co- "employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or
Any organization you newly acquire or form, b. "Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the end of the insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement, or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
However, no such person or organization is an at the vendor's premises in
additional insured under this provision if such connection with the sale of the
person or organization is included as an product;
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific container, part or ingredient of any
additional insured coverage grants in Section other thing or substance by or for
F. - Optional Additional Insured Coverages. the vendor; or
a. Vendors (h) "Bodily injury" or "property
Any person(s) or organization(s) (referred to damage" arising out of the sole
below as vendor), but only with respect to negligence of the vendor for its
"bodily injury" or "property damage" arising own acts or omissions or those of
out of "your products" which are distributed its employees or anyone else
or sold in the regular course of the vendor's acting on its behalf. However, this
business and only if this Coverage Part exclusion does not apply to:
provides coverage for "bodily injury" or (i) The exceptions contained in
"property damage" included within the Subparagraphs (d) or (f); or
"products- completed operations hazard ". (11) Such inspections, adjustments,
(1) The insurance afforded to the vendor tests or servicing as the vendor
is subject to the following additional has agreed to make or normally
exclusions: undertakes to make in the usual
This insurance does not apply to: course of business, in
connection with the distribution
(a) "Bodily injury" or "property or sale of the products.
damage" for which the vendor is (2) This insurance does not apply to any
obligated to pay damages by insured person or organization from
reason of the assumption of whom you have acquired such products,
liability in a contract or agreement. or any ingredient,
This exclusion does not apply to Y 9 part or container,
liability for damages that the entering into, accompanying or
vendor would have in the absence containing such products.
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for "bodily Any physical or chemical change p Y bodil Y
in the product made intentionally injury", "property damage" or
"personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person or organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage"
place after you cease to lease that included within the "products -
land or be a tenant in that completed operations hazard ".
premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who
construction or demolition is not an insured under Paragraphs a.
operations performed by or on through e. above, but only with
behalf of such person or respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "personal on your behalf:
and advertising injury" caused, in whole (a) In the performance of your
or in part, by your acts or omissions or ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises
your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and
or included within the "products -
(b) In the performance of your completed operations hazard ", but
ongoing operations performed by only if
you or on your behalf. (i) The written contract or written
(2) With respect to the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured; and
This insurance does not apply to (ii) This Coverage Part provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising out of the rendering of or the within the "products -
failure to render any professional completed operations hazard ".
services by or for you, including: (2) With respect to the insurance afforded
(a) The preparing, approving, or to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or
reports, surveys, field orders, "personal and advertising injury"
change orders, designs or arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "property damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. - Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E. - Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in the Declarations.
respect to the conduct of any current or past 4. Personal And Advertising Injury Limit
partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for
company that is not shown as a Named Insured in the sum of all damages because of all
the Declarations. "personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal
LIMITS OF INSURANCE and Advertising Injury Limit shown in the
1. The Most We Will Pay Declarations.
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You
we will pay regardless of the number of: Limit is the most we will pay under Business
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while
b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire,
c. Persons or organizations making claims or lightning or explosion, while rented to you or
bringing "suits ". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately
"property damage" included in the caused by the same event, whether such
"products- completed operations hazard" is damage results from fire, lightning or explosion
the Products - Completed Operations or any combination of these.
Aggregate Limit shown in the
Declarations. 6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
b. Damages because of all other "bodily
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right -of -way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05