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13-049 SSA Landscape Architects, Inc., Consultant Services Agreement, Stevens Creek Corridor Park and Restoration Phase 2 / OFFICE OF THE CITY CLERK riJCITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 .s• TELEPHONE: (408)777-3223• FAX: (408) 777-3366 � WEBSITE:www.cupertino.org CUPERTINO April 10, 2013 SSA Landscape Architects, Inc. 303 Potrero St., Ste. 40-C Santa Cruz, CA 95060 Re: Stevens Creek Corridor Park and Restoration Phase 2 An original copy of your agreement with the Ciiy of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SSA LANDSCAPE ARCHITECTS, INC. FOR CONSULTANT SERVICES FOR S CREEK CORRIDOR PARK & RESTORATION PHASE 2 ./,41 / Z 9 THIS AGREEMENT, for reference dated March 20, 201 , is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and SSA LANDSCAPE ARCHITECTS, INC., a California corporation, whose address is 303 Potrero Street, Suite 40-C, Santa Cruz, CA 95060 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on December 31, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A". titled "Scope of Services" which is attached hereto and incorporated herein by this reference. Page 1 of 12 SSA Landscape Architects 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit C, titled "Schedule of Performance", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Eleven Thousand Dollars ($11,000.00). The rate of payment is set out in Exhibit B, titled "Fee Schedule", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Page 2 of 12 SSA Landscape Architects 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee o r subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Gail Seeds, of the Department of Public Works, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Steven Sutherland. 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all Page 3 of 12 SSA Landscape Architects services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Page 4 of 12 SSA Landscape Architects 12. INSURANCE: On or before the commencement:of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Page 5 of 12 SSA Landscape Architects Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to Page 6 of 12 SSA Landscape Architects fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft, work product, map, record and other Page 7 of 12 SSA Landscape Architects document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain comp]ete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with general Ly accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other Page 8 of 12 SSA Landscape Architects documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Gail Seeds All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: SSA Landscape Architects 303 Potrero Street, Suite 40-C Santa Cruz, CA 95060 Attention: Steven Sutherland 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Page 9 of 12 SSA Landscape Architects Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. Page 10 of 12 SSA Landscape Architects 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. CAPTIONS: The captions 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. Page 11 of 12 SSA Landscape Architects P.O. No.: � Y IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTA �y CITY OF CUPERTINO 471� S 0 A Municipal Corporation SSA LANDSCAPE ARCHITECTS By r By Timm Borden, Director of Public Works Name: Steven Sutherland Date `girl 3 Title: Principal Date: March 29, 2013 Tax I.D. No.: 77-0308064 APPROVED AS TO FORM: Address: 303 Potrero St, Ste 40-C Santa Cruz, CA 95060 1 yCarol Korade, City Atto ey II ATTEST: Grace Schmidt, City Clerk Contract Amount: $11,000.00 Account No. : 427-9134-9300 /C i Page 12 of 12 SSA Landscape Architects L A N D S C A P E S,I.q , ,,,,.`:i A R C H I T E C T S , I N C . EXHIBIT A SCOPE OF SERVICES For Preparation of SWPPP Documents Stevens Creek Trail Phase 2, Project 9134 March 19,2013 Introduction Working with staff of the City of Cupertino(hereinafter referred to as"CITY"),SSA Landscape Architects,Inc. (herein after referred to as"SSA")will work on additional scope items for the Phase 2 Stevens Creek Trail,to collaborate with Fall Creek Engineering (herein after referred to as"FCE")on the preparation and filing of the Storm Water Pollution Prevention Plan (SWPPP) documents. Phase One — SWPPP Preparation a. Coordinate with FCE and City on determination of SWPPP requirements. b. Coordinate with FCE on orientation of the project through the development of FCE scope of work and execution of agreement. c. Coordinate with the FCE SWPPP QSD during the development of the SWPPP. d. Provide assistance to FCE and City during the filing of the SWPPP Fee Proposal The fees for the above scope of work tasks are as follows: Phase 01 —SWPPP Preparation $ 2,465 Subconsultant Expense—Fall Creek Engineering $ 7,435 Reimbursable Expense Allowance $ 1,100 Total Proposed Fees $11,000 These services are proposed to be provided on a not to exceed hourly basis based on the hours and rates on the attached estimated fee spreadsheet.Fees will be billed monthly based on the actual effort in each task.Should it be determined that some tasks are not required or do not require the estimated effort,fees for that phase or task may be used by mutual consent for other tasks in other phases that require more effort than estimated.Not included in this scope of work are any services related to the SWPPP once the SWPP has been filed and the notice of intent has been issued. Reimbursable Expenses Included in the FEE PROPOSAL is an allowance for reimbursable expenses such as plotting,printing and reproduction,shipping and postage,all of which will be provided per the attached"SSA Rate Schedule".Billings will be submitted on or around the 25th of each month based on the actual reimbursable expenses incurred for the previous month. 303 Potrero Street, Suite 40-C I Santa Cruz, CA 95060-2778 I Phone: 831.459,0455 I Fax: 831.459.0484 I 1ti�iw.ssala.com FALL CREEK ENGINEERING Civil • Environmental • Water Resource Engineering and Sciences Tel.(831)426-9054 P.O.Box 7894,Santa Cruz,CA 95061 Fax.(831)426-4932 March 18, 2013 Scott Reeves SSA Landscape Architects, Inc. 303 Potrero Street, Suite 40-C Santa Cruz, CA 95060 Subject: Proposal and Cost Estimate for Preparation of SWPPP for Stevens Creek Corridor Park & Restoration Phase 2—Project, City of Cupertino Dear Scott: Fall Creek Engineering, Inc. (FCE) is pleased to present to you our proposal and cost estimate to prepare a Storm Water Pollution Prevent Plan (SWPPP) for the Stevens Creek Corridor and Restoration Phase 2 Project. The SWPPP will be prepared in accordance with the requirements of the State Water Resources Control Boards Construction General Permit Order 2009-009-DWQ and amendments contained in Order 2010-0014-DWQ. The SWPPP will include the following information: • A description of the SWPPP requirements; • Project information; • A description of and schedule of implementation of best management practices (BMPs) for erosion and sediment control, non-storm water controls, water and material management and post construction storm water management measures; • BMP Inspection, maintenance and rain event actions plans; • A description of training requirements; • A description of responsible parties and operators; • A construction site monitoring program; end • Additional forms and monitoring instructions required under the Construction Permit. The SWPPP will be prepared by a Qualified SWPPP Developer (QSD). FCE proposes to complete a draft SWPPP by April 1", 2013. FCE will finalize the draft within one week of receiving comments and pending information from SSA and the City of Cupertino. Costs Fall Creek Engineering, Inc. will prepare the SWPPP on time and expense basis not to exceed $6,760, as outlined in detail in the attached cost estimate. The Client will only be billed for the tasks completed and the cost will not be exceeded without the prior approval of the Client. Thank you for the opportunity to prepare a proposal for this project. If you have any questions or require any additional information, please contact me at(831) 426-9054. Sinc , PETER HAASE, M.S., P.E. Principal Engineer Cost Estimate for Preparation of Storm Water Pollution Prevention Plan Stevens Creek Corridor and Stream Restoration Phase 2 Project City of Cupertino, Calif ornina ads Hours Fees Total Costs Task 1 - Prepare Draft SWPPP Principal Engineer 3 170 $510 Senior Associate Engineer(QSD) 32 140 $4,480 Drafting 4 85 $340 Subtotal = $5,330 Task 1 - Prepare Final SWPPP Principal Engineer 1 170 $170 Senior Associate Engineer(QSD) 6 140 $840 Drafting 2 85 $170 Subtotal = $1,180 Expenses Reproductions $250 Subtotal = $250 Total Estmated Fees = $6,760 Illi FALL CREEK ENGINEERING, INC. CIVIL•ENVIRONMENTAL•WATER RESOURCE ENGINEERING GENERAL PROVISION OF THE AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT for professional services dated March 18, 2013 has been entered into by: FIRM: Fall Creek Engineering, Inc. and CLIENT: SSA Landscape Architect, Inc. P.O. Box 7894 c/o Scott Reeves Santa Cruz,CA 95061 303 Potrero Street, Suite 40-C Telephone:(831) 426-9054 Santa Cruz,CA 95060 Fax:(831) 426-4932 PROJECT: Prepare SWPPP for Stevens Creek Corridor Park and Restoration Phase 2 Project City of Cupertino SCOPE/INTENT AND EXTENT OF SERVICE The following tasks will be completed, as described in the Proposal and Cost Estimate, dated March 18, 2013: Task 1 —Draft SWPPP Task 2—Final SWPPP FEE ARRANGEMENT: The scope of work will be completed as time and expense basis, as presented in the attached Proposal. RETAINER AMOUNT: NA SPECIAL CONDITIONS:Attached terms and conditions OFFERED BY: ACCEPTED BY: Fall =-k Engineering, Inc. SSA Landscape Architects,Inc. 1.A4 Mille.. I I . )1 Signatur- Date Signature Date peter Haase. Principal Engineer Printed Name/Title Printed Name/Title TEL.(831)426-9054 P.O.BOX 7894,SANTA CRUZ,CA 95061 FAX.(831)426-4932 L A N { D S C A P E A R C H I T E C T S , I N C . EXHIBIT B FEE SCHEDULE STANDARD BILLING RATES Effective through December 2013 PROFESSIONAL SERVICES Principal Landscape Architect $184.00/ Hour Senior Project Manager $170.00/ Hour Project Manager $145.00/ Hour Biologist $350.00/ Hour Landscape Architect $122.00/ Hour AutoCAD Technician $102.00/ Hour Staff Clerical, Administrative $95.00/ Hour Expert Witness (Preparation) $470.00/ Hour Expert Witness (meetings and hearings) $595.00/ Hour REIMBURSABLE EXPENSES Subconsultants Direct Billing x 1.10 In-House Office Services: As listed below x 1.10 Plotting: Transparencies: Color Bond $4.85/sf Color $4.00/each Black &White Bond $3.10/sf 13Iack and White $3.00/each Vellum $4.45/sf Mylar $10.10/sf Color Laser Prints: Blueprints: 8.5 x 11 $.55/each 24 x 36 $2.20/each 11 x 17 $.90/each 30 x 42 $2.80/each Black &White Laser Prints: CD Media: 8.5 x 11 $.12/each CDR $6.00/each 11 x 17 $.20/each CDRW $8.50/each Outside Reimbursable Expenses: Reproduction, photography, shipping and postage, miscellaneous expenses Direct Cost x 1.10 Travel: Within Santa Cruz, San Benito, Santa Clara, San Mateo and Monterey Counties No Charge Mileage outside of the above counties $.50/ mile Other travel expenses Cost x 1.10 303 Potrero Street, Suite 40-C I Santa Cruz, CA 95060-2778 I Phone: 831.459.0455 I fat: 831.459.0384 I w wv.ssala.com EXHIBIT C SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by July 1, 2013. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any milestone date set in this Exhibit. Milestone #1: Submit Draft SWPPP April 1,2013 Milestone#2 Submit Final SWPPP Within 1 week of receiving City/SSA comments Milestone #3: Assist City with submitting SWPPP to State Within 2 business days of Water Resources Control Board Submit Final SWPPP SSA Landscape Architects Agreement Stevens Creek Corridor Park&Restoration Phase 2 Page 1 of 1 Exhibit C SSALAND-01 MURPHEYM ACOR�� DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER License#OE67768 NAME: Danielle French IOA Insurance Services-SD PHONE FAX 619 574-6288 4350 La Jolla Village Drive,Suite 900 lA/c No Ext:(619)574-6220 'C No: ( ) San Diego,CA 92122 ADDRESS:Danielle.French@ioausa.com _ INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:RLI Insurance Company 13056 INSURED INSURER B:The Hanover Insurance Company 22292 SSA Landscape Architects,Inc. INSURER C: 303 Potrero Street Ste.40C INSURER D Santa Cruz,CA 95060 INSURER E: 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 TYPE OF INSURANCE POLICY NUMBER _ MOL'C YYYY MM`DD/YYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED • X COMMERCIAL GENERAL LIABILITY X PSB0001367 113112013 1/31/2014 PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 X Add'I Insd/Prim/WOS PERSONAL&ADV INJURY $ 2,000,000 X Form#PPB3040610 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 4,000,000 POLICY X PRO-- LOC _ $ AUTOMOBILE LIABILITY (CEO, ccidMBINED ent S INGLE LIMIT $ 1,000,000 a • X ANY AUTO X PSA0001054 9/1/2013 911/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PERPACC ACCIDENT) $ AUTOS UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 • X EXCESS LIAB CLAIMS-MADE PSE0001264 1131/2013 1131/2014 AGGREGATE $ 2,000,000 DED X I RETENTION$ _ $ WORKERS COMPENSATION X WC STATU- O AND EMPLOYERS'LIABILITY T RY LIMITS ER R • ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N PSW0001189 911/2013 9/1/2014 E.L.EACH ACCIDENT $ 1,000'000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000' If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Prof Liab/Clms Made LH3799104003 4/13/2013 4/13/2014 Per Claim 1,000,000 B Ded.:$10K Per Claim LH3799104003 4/13/2013 4/13/2014 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,K more space Is required) Re:Stevens Creek Corridor Phase 2 The City of Cupertino,its officers,officials and employees are Additional Insureds on a Primary and Non-Contributory basis with respect to General and Auto Liability as required by written contract. Prof Liab Agg Limit is the Total Ins Available for all Covered Claims Reported wli the Policy Period. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino Public Works Dept. AUTHORIZED REPRESENTATIVE Attn:Tim Borden,Director of Public Works 10300 Torre Avenue Cu ertino CA 95014 _ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of 'your work' performed by you, or on your C. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of LIABILITY Coverage, Paragraph A.I. Who Is An you by a contract executed prior to any "accident" or Insured Provision: loss", provided that the accident' or loss arises out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent (50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II — to a maximum of one hundred eighty (180) days LIABILITY COVERAGE, Paragraph A.1. Who following the acquisition or formation of the business Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions: LIABILITY COVERAGE, Paragraph A.1.Who Is An Paragraph 5.b. of the Other Insurance Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, C. Blanket Additional Insured the following are deemed to be covered "autos"you own: The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent LIABILITY COVERAGE, Paragraph A.1.Who Is An or borrow; and Insured Provision: Any person or organization that you are required to (2) Any covered "auto" hired or rented by your"employee" under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission,n while performing duties you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only related to the conduct of your business. for damages to which this insurance applies and However, any "auto" that is leased, only to the extent that person or organization hired rented or borrowed with a driver is „ qualifies as an "insured" under the Who Is An not a covered"auto". Insured provision contained in SECTION II — F. Fellow Employee Coverage LIABILITY COVERAGE. SECTION II — LIABILITY COVERAGE, Exclusion The insurance provided to the additional insured will B.S. does not apply if you have workers be on a primary and non-contributory basis to the compensation insurance in-force covering all of your additional insured's own business auto coverage if employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage" occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, S. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered "auto", less: PPA 300 03 11 Page 2 of 5 SSALAND-01 ABBOTTD ,d►�O'R° CERTIFICATE OF LIABILITY INSURANCE FDATE DD/YYYY) 11231/20,3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an enJorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AME: Danielle French NAME. IOA Insurance Services-SD PHONE FAX 4350 La Jolla Village Drive,Suite 900 A/C.No.Extt: A/c No): (619)574-6288 San Diego,CA 92122 NOResS:danielle.french@ioausa.com INSURERS AFFORDING COVERAGE NAIC 0 _ INSURER A:RLI Insurance Company 13056 INSURED INSURER B:The Hanover Insurance Company 22292 SSA Landscape Architects,Inc. INSURERC: 303 Potrero Street Ste.40C INSURER D: Santa Cruz,CA 95060 INSURER E: 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 TYPE OF INSURANCE A UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NU_MBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED • X COMMERCIAL GENERAL LIABILITY X PSB0001367 1131/2013 1131/2014 PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE FXI OCCUR MED EXP(Any one person) $ 10,000 X Add'I Insd/Prim/WOS PERSONAL&ADV INJURY $ 1,000,00 X Form#PPB3040610 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JPEC- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ • X ANY AUTO X PSA0001054 9/112012 9/112013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT $ UMBRELLA LIAR X OCCUR f EACH OCCURRENCE $ 1,000,000 • X EXCESS LIAB CLAIMS-MADE PSE0001264 1/31/2013 113112014 AGGREGATE $ 1,000,000 D I X I RETENTION$ $ _ WORKERS COMPENSATION 1 X I WC STATU- OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVEY/N '.PSW0001189 9/1/2012 9/1/2013 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA 1'000 00 (Mandatory in NH) EL DISEASE-EP.EMPLOYEE $ , If yes,describe under — --- DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made LH3799104002 4/13/2012 4/13/2013 'Per Claim 1,000,000' B Ded.:$10K Per Claim L 4/13/2012 4/13/2013 Aggregate 3,000,000' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:Stevens Creek Corridor Phase 2 The City of Cupertino,its officers,officials and employees are Additional Insure Js on a Primary and Non-Contributory basis with respect to General and Auto Liability as required by written contract.Prof Liab Agg Limit is the Total Ins Ava lable for all Covered Claims Reported w/i the Policy Period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Cupertino Public Works Dept. AUTHORIZED REPRESENTATIVE Attn:Tim Borden,Director of Public Works 10300 Torre Avenue _ Cupertino,CA 95014 _ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you, or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of 'your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 This endorsement modifies insurance provided under the follow ng: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of you by a contract executed prior to any "accident" or LIABILITY Coverage, Paragraph A.1. Who Is An "loss", provided that the "accident" or "loss" arises Insured Provision: out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent (50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION 11 — to a maximum of one hundred eighty (180) days LIABILITY COVERAGE, Paragraph A.1. Who following the acquisition or formation of the business Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions: LIABILITY COVERAGE, Paragraph A.1. Who Is An Paragraph 5.b. of the Other Insurance Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, C. Blanket Additional Insured the following are deemed to be covered "autos"you own: The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent LIABILITY COVERAGE, Paragraph A.1. Who Is An or borrow; and Insured Provision: (2) Any covered "auto" hired or rented by Any person or organization that you are required to your "employee" under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by on, while performing duties you before the "bodily injury" or "property damage" related permission, the conduct of your business. occurs is an "insured" for liability coverage, but only However, any "auto" that is leased, for damages to which this insurance applies and hired, rented or borrowed with a driver is only to the extent that person or organization riot a covered"auto". qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — F. Fellow Employee Coverage LIABILITY COVERAGE. SECTION II — LIABILITY COVERAGE, Exclusion The insurance provided to the additional insured will B.S. does not apply if you have workers be on a primary and non-contributory basis to the compensation insurance in-force covering all of your additional insured's own business auto coverage if employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage" occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery any unpaid amount due on the lease or loan for a Against Others To Us: covered "auto", less: PPA 300 03 11 Page 2 of 5 SSALAND-01 ABBOTTD CERTIFICATE OF LIABILITY INSURANCE 1 °ATD _ 1 1/23/223/20113 3 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, iEXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER j,pMECT Danielle French IOA Insurance Services-SD PHONE FAX (619)574-6288 4350 La Jolla Village Drive,Suite 900 A/c No Ex t): A/C No San Diego,CA 92122 :-MIL danielle.french@ioausa.com _ INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:RLI Insurance Company 13056 INSURED INSURER B:The Hanover Insurance Company 22292 SSA Landscape Architects,Inc. INSURER C: 303 Potrero Street Ste.40C INSURER D: Santa Cruz,CA 95060 INSURER E: 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 TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR IN D POLICY NUMBER _ MM/DD/YYYY MM/DD/YYYY _ GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE A X COMMERCIAL GENERAL LIABILITY X PSB0001367 1/31/2013 1/31/2014 PREMISES Ea cc RE TED urrence $ �1 000,000 PREM o CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 10,000 X Add'I Insd/Prim/WOS PERSONAL&ADV INJURY $ 1,000,000 X Form#PPB3040610 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A X ANY AUTO PSA0001054 91112012 91112013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS-MADE PSE0001264 1/3112013 113112014 AGGREGATE $ 1,000,000 DED I X I RETENTION$ _ _ _ $ WORKERS COMPENSATION I OTH- AND EMPLOYERS'LIABILITY T Y LIMIT R A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X IPSW0001189 9/1/2012 9/1/2013 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? L] NIA (Mandatory in NH) E L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under --- - - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made LH3799104002 4/13/2012 4113/2013 Per Claim 1,000,000 B Ded.:$1 OK Per Claim LH3799104002 4/1312012 4/13/2013 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE:Sterling Barnhart Park. City of Cupertino are Additional Insured with respect to General Liabilityas required by written contract.Waiver of Subrogation applies for Workers Compensation as required by written contract.Prof Liab Agg Limit is the Total Ir s Available for all Covered Claims Reported w/i the Policy Period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino AUTHORIZED REPRESENTATIVE Attn:Tim Borden,Director of Public Works 10300 Torre Avenue 1Cupertino,CA 95014 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations, which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION 11 — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of 'your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS CF: THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 WORKERS`COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Sc iedule Person or Organization Job Description All persons or organizations that are party to a Jobs performed for any person or organization that you contract that requires you to obtain this have agreed with in a written contract to provide this agreement, provided you executed the contract agreement. before the loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. PSW0001189 Endorsement No. Insured Insurance Company SSA Landscape Architects, Inc. RLI Insurance Company Countersigned By SSALAND-01 ABBOTTD CERTIFICATE OF LIABILITY INSURANCE DAT 1//23/223/2D/YYYY) 013 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, EKTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ME: Danielle French IJA IOA Insurance Services-SD PHONE FAX 4350 La Jolla Village Drive,Suite 900 ac No E. xn: _ A/c No): (619)574-6288 San Diego,CA 92122 RD RESs:danielle.french@ioausa.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:RLI Insurance Company 13056 INSURED INSURER B:The Hanover Insurance Company 22292 SSA Landscape Architects,Inc. INSURER C: 303 Potrero Street Ste.40C INSURER D: Santa Cruz,CA 95060 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOliNf 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 E,EEN REDUCED BY PAID CLAIMS. INSR _ ADL SUB POLICY EFF POLICY EXP _ LTR TYPE OF INSURANCE IN D_ POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS _ GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X PSB0001367 1/3112013 1/31/2014 DAMAGE TO-RENTED 1,000,000 PREMISES Ea occurrence $ CLAIMS-MADE n OCCUR MED EXP(Any one person) $ 10,000 X Add'I Insd/Prim/WOS PERSONAL&ADV INJURY $ 1,000,000 X Form#PPB3040610 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ ACT - - - - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident $ • X ANY AUTO PSA0001054 9/1/2012 911/2013 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 • X EXCESS LIAB CLAIMS-MADE PSE0001264 1/31/2013 1/31/2014 AGGREGATE $ 1,000,000 DED X RETENTION$ _ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY T RY LIMIT ER A ANY PROPRIETOR/PARTNER/EXECUTIVEY/N X PSW0001189 9/1/2012 9/112013 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) i E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Prof Liab/Clms Made LH3799104002 4/13/2012 4/13/2013 Per Claim 1,000,000 B Ded.: $10K Per Claim ILH3799104002 13/2012 4/13/2013 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks S:hedule,K more space Is required) RE:Stevens Creek Trail,Phase 2 City of Cupertino,it officers,officials,partners,employees,consultants and sub consultants are Additional Insured on a Primary and Non-Contributory basis with respect to General Liability as required by written contract.Waiver of Subrogation applies to General Liability and Workers Compensation as required by written contract. Prof Liab Agg Limit is the Total Ins Available for all Covered Claims w/i the Policy Period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino,City Hall Public Works Dept. AUTHORIZED REPRESENTATIVE Attn:Gail Seeds,Project Mgr 10300 Torre Avenue LCupertino_CA 95014-3.2.55 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II —LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and vve vvill not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of `your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or "property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 WORKERS`COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (Thi s agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % o"the California workers' compensation premium otherwise due on such remuneration. Sc iedule Person or Organization Job Description All persons or organizations that are party to a Jobs performed for any person or organization that you contract that requires you to obtain this have agreed with in a written contract to provide this agreement, provided you executed the contract agreement. before the loss. This endorsement changes the policy to Mlhich it Is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. PSW0001189 Endorsement No. Insured Insurance Company SSA Landscape Architects, Inc. RLI Insurance Company Countersigned By