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13-089 Mark Thomas Company, Consultant Service Bubb, Elm & McClellan Rd Storm Drainage Study / OFFICE OF THE CITY CLERK rip CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 �y t.r9s, TELEPHONE: (408) 777-3223• FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTINO June 25, 2013 Mark Thomas & Company 1960 Zanker Road San Jose, CA 95112 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, ,b0,tsliii N",j; ert,6cait_ Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MARK THOMAS & COMPANY FOR. CONSULTANT SERVICES FOR 7,- _, B ELM & MCCLELLAN ROAD STORM DRAINAGE STUDY r , THIS AGREEMENT, for reference dated June 1, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Mark Thomas & Company, a California corporation, whose address is 1960 Zanker Road, San Jose, CA (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 Municipa'. 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 skirl, 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 September 1, 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 Design Professional Agreement 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit A, 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 Forty Nine Thousand Nine Hundred Eighty Six Dollars ($49,986). The rate of payment is set out in Exhibit B, titled "Compensation", 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 o:f 12 Design Professional Agreement 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 or 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. Roger Lee, Assistant Director 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 Richard Tanaka, Principal in Charge. 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, Page 3 of 12 Design Professional Agreement 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 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 0=12 Design Professional Agreement 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 Page 5 of 12 Design Professional Agreement (4) Professional Liability: 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 Consu.'.tant 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 Ci ty 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 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 Page 6 of 12 Design Professional Agreement 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 a 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 document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Page 7 of 12 Design Professional Agreement 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 tini.e 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 complete 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 generally 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 documents and records and shall be maintained for a period of three (3) years after receipt of final payment. Page 8 of 12 Design Professional Agreement 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: Roger Lee All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Mark Thomas & Company 1960 Zanker Road San Jose, CA 95112 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 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. Page 9o`12 Design Professional Agreement 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 Design Professional Agreement 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 Iaw 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 Design Professional Agreement P.O. No.: 1fdV Y� IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation Mark Thomas & Company, Inc. By� .� By Tim orden, Director of Public Works Name tw c1"aek 3. Lo\- — Date (0727/3 Title t4A- Date CO' 4- Sot3D Tax I.D. No.: `I 'MC 1488 APPROVED AS TO FORM: Address: lgleo RcA S a� J o.c,e 1 e1Ak q s!l / _ ' Lri. o y Car `orade, City Attorney ATTEST: ' I 1 !SA UL __s ♦ .• /...I Grace Schmidt, City Clerk 98, Contract Amount: �9 od Account No. : a 1 © - G 613 - 3Do q/17‘7A Page 12 of 12 Design Professional Agreement ---4- MARK THOMAS & COMPANY, INC. ¢ Providing Engineering,Surveying and Planning Services May 10,2013 Mr. Roger Lee Assistant Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Bubb,Elm &McClellan Road Storm Drainage Study Dear Roger: , Thank you for inviting Mark Thomas &Co. Inc. (MTCo)to - submit a scope and our proposal for the subject project. We have reviewed the CD you provided to us, which included n . r the 1974 Storm Drain Master Plan, 1983 Elm Courts � ,' Flooding Investigation, 1993 Storm Drain Master Plan and 2003 Study of Storm Drainage in Elm Court and made a field visit to become familiar with the issue. ;a � :_� MTCo proposes following staffing plan for this project: Richard Tanaka, Principal in Charge Nichol Bowersox, City contact person, data gathering and permitting Ben Nguyen, Hydrologist/Drainage Specialist Ben is a licensed civil engineer and is certified QSD/QSP. Ben has 18 year of experience and has been with Mark Thomas & Co. Inc. since 2001. Ben is our drainage and hydraulic specialist. As you are aware, MTCo prepared the both 1974 and 1993 Storm Drain Master Plan for the City. I was the project engineer responsible for the preparation of these documents. Back in early 1970's and 1980's,there were no readily available computer programs to analyse storm drainage network system. Therefore, I developed our own in-house storm drainage analysis program called, "MoTSTORM", which was utilized in both of these master plans. Since then, similar computer analysis programs are commercially available, such as HYDRAIN and HYDRO. HYDRAIN is a computer program that Caltrans has adopted as their standard program. These two programs provide an output with flow capacity, flow depth, and hydraulic gradeline. Page 1 Cupertino Storm Analysis In the event of overtopping, similar to our original R _ „ MTSTORM program, a manual calculation needed to be _ ` > t =t 4 9 w performed to determine extent of overtopping at each °:` inlet location. None of these programs can account for "`�." � fi ` ;� ,1• overtopping condition: Therefore, a more sophisticated • ` "�' x"• program is needed to be used to analyze overtopping — '` A Y ' condition. These programs are generally known as 21) storm/hydraulic modelling analysis. Mark Thomas & r `. ; %.a* 'f; �t Co. proposes to use XPSWMM and XP2D developed by -- ' - XP Solutions. This program will allow pipe drainage 4,a analysis and the overtopping conditions and determine #el el ;yR the spread width (Please see exhibit on the right and r 4 ` www.scientificsoftware.com and www.xpsolutions.aom say __ for more detail on this program's capability). Based on our review of the previous work, the 2003 Study of Storm Drainage in Elm Court assumed there is no outlet control, which was not a correct assumption. However,review of the 1983 Elm Court Flooding Investigation was more the correct approach and comprehensively performed. The recommendations in this report appear to be a reasonable solution. However, since the report did not indicate assumptions or methodology, it is difficult to determine if the result is accurate or not. We would propose following scope of services be undertaken: Evaluation Phase: 1) We have already reviewed the available data and made field visit to become familiar with the project issues and concerns. We will obtain Caltrans as-builts of the Route 85/McClellan Road bridge plan in order to determine as-built conditions of the storm drainage system across Route 85. We will also work with City staff to obtain CAD file to be utilized as a base map for this study. 2) Attend meeting with staff and neighbourhood to understand anecdotal history and the neighborhoods collection of photographs, data and ideas regarding solutions. It is most likely that this meeting may be held in the evening. If so, MTCo can host this meeting in our Cupertino Office,more in a group workshop format. If necessary,this meeting can be setup as one-on-one meeting with each property owner who wishes to meet individually or those who cannot attend the group workshop. 3) MTCo will review with the City staff the limits an.d extent of our proposed field surveying services. We know that the master plan pipe slopes are not in many cases the actual slope. We propose that roadway and storm drainage system invert and drainage inlet flowline be surveyed on McClellan Road from west of Route 85 to 200 feet west of Bubb intersection, Bubb southerly past Elm Court, drainage system (both underground and surface "V"ditch along the railroad track, and Elm Court street elevation, garage pads, open flume and SCVWD percolation pond. 4) Confirm drainage areas that impacts Elm Court and surrounding areas. We will utilize survey data and Google Earth Pro to determine spot elevations to confirm original 1993 Storm Drain Master Cupertino Storm Analysis Page 2 Plan drainage basin boundaries. With the accurate basin boundaries,we will recalculate drainage sub-basin areas. Utilizing XPSWMM, we will input actual pipe slopes, existing roadway and the recalculated drainage sub-basin areas and obtain existing condition results. We will test existing condition first for a 10 year storm event and by iteration process, determine storm event that the existing system can handle without hydraulic gradeline above the lowest point at Elm Court. 5) Develop Alternatives With the result obtained from Task 4 above, we will meet with the City staff and discuss potential alternatives to be evaluated. Based on our preliminary review, we believe the following are the potential alternatives: Near-Term affordable solutions: • Enlarge or reconstruct open flume for additional capacity for overland release • Investigate this overland flow release into SCVWD percolation pond. • Diversion of tributary basins away from Elm Court • Releasing 18"pipe paralleling the railroad track into SCVWD percolation pond. This release pipe would be installed at the crown of the existing 18"pipe. • Investigate potential use of flap gates or backfl ow preventers to limit amount of overflow into Elm Court. Long-Term solutions: • Similar to Alternative 3 in the 1983 recommendation. This recommendation still may not be sufficient in capacity to handle a 10 year storm event because the capacity limitation of bubbling out of inlets may not have been considered. • Similar to Alternative 3,but perform additional analysis to extending the parallel pipe easterly to SR 85 area. • Separate Elm Court 18" drainage system at McClellan Road and install larger, say 30"parallel pipe easterly to SR 85 area. • Develop an overflow system capable of handling 10 year storm event or at least 25 year storm event, potentially discharging to SCVWD percolation pond and/or to existing V ditch. Survey Phase: 1) MTCo will apply and obtain permits from Union Pacific and from SCVWD as required to perform field survey. We do not believe Caltrans permit is required. 2) MTCo will review with the City staff the limits and extent of our proposed field surveying services. We know that the master plan pipe slopes are not in many cases the actual slope. We propose that roadway and storm drainage system invert and drainage inlet flowline be surveyed on McClellan Road from west of Route 85 to 200 feet west of Bubb intersection, Bubb southerly past Elm Court, Cupertino Storm Analysis Page 3 drainage system (both underground and surface "V"ditch along the railroad track, and Elm Court street elevation, garage pads, open flume and SCVWD percolation pond. Analysis/Estimate of Probable Cost and Recommendation Phase: 1) Based on existing drainage model constructed in Task 4 during the evaluation phase, MTCo will investigate and run various alternatives as identified in Task 5 during the evaluation phase. This analysis will provide with the extent of improvements required for each alternative, amount of flooding and the storm frequency event. 2) MTCo will evaluate these alternatives and screened them out if the analysis or other project constraints make these alternatives not practical or feasible. Meet with City staff and present our preliminary findings. 3) Prepare probable cost of each viable alternatives based on screening process. Meet with City staff and present cost estimate and our preliminary recommendation of the preferred alternative that provides the optimal balance of flood protection and engineering economics. 4) Prepare written report detailing evaluation of existing documents, meeting and property owners' concerns/issues,basis of analysis, criteria for screening, cost estimates, and recommendation. 5) Assist staff in preparing and presenting presentation to neighbourhood and to City Council. Please see attached sheet for our cost proposal. If you have any questions,please contact me. Very Truly Yours, MARK THOMAS & COMPANY, INC. Richard K. Tanaka Cupertino Storm Analysis Page 4 Estimated Hours and Cost for Bubb, Elm & McClellan Road Drainage Analysis Dated: 5/10/2013 ::MARK:'THbMii.0& X MP-A :::::::::::::::::: :::: ::::::::::::::::::• ....Mi�i1�'T�tSl11RA; &t• E S. ?��;�� : :::::::::: ::::: : :i�'�'"�' '::::��::::is��:�� :.�°�. ::��.�°�°�::��°::: :;•'.'.°�`":: ;:::'.:::.::::i::::::'�:::: ::::isisi;:::::;si:::::: :::::::::i::: ;;::::::::i:i:i:ii:is i::.:.:.:.;.:.:.:.:...:.:.:.:-:.:....::.:. .... ASK iii(t:.:.:.:Na:.:.....E3l..:::.#IE.:.:.pro r :.: ::::::::::::::..... .... .................::......................5 ;: _ ...:1Nt ......:::: K€::::::....t ::::::::... :....::......... .::::::.. .. ::... .:.:.:.:.:.:-:.,.: ... . . -. ...l............. ..:.:.. . �N.::::.:::::::::`t?�.:.:.:. ProJSftr.:.:. fir::::::::::::::::::�`:::M�'�t3:'s :: ":: 275 F. 4Q0iQl:::::i:10$ 0:i: ::::::: 5a::::1M)Di : . 1 ::::: ::.;.,,:.:.i,;.:.:. ::::: Evaluation Phase 1)Data Gathering and Review 2 4 4 6 16 550 640 540 567 2,297 2)Pre-Meetings(up to 3) 6 6 6 18 1,650 960 810 3)Confirm existing drainage system 68 3,420 68 9,180 9,180 4)Develop Alternatives 4 32 36 1,100 4,320 5,420 Subtotal Evaluation Phase 12 10 110 6 138 3,300 1,600 14,850 567 20,317 Survey Phase 1) Permits/Field Survey 4 4 4 24 36 640 540 378 5,640 800 7,998 2) Prepare Base Mapping 4 22 26 540 2,079 2,619 Subtotal Survey Phase 4 8 22 4 24 62 640 1,080 2,079 378 5,640 800 10,617 Analysis 1)Evaluate various alternatives 4 54 8,390 2)Meet w/City on Prelim Finding 2 2 4 58 1,100 320 7,290 Finding - - 4 8 550 320 540 1,410 Cost Estimates 4 24 28 540 2,268 2,808 ')Prepare Report 2 2 16 12 3 550 320 2,160 1,134 4,164 Presentation 4 4 4 14 1,100 640 540 2,280 Subtotal Anal sis 12 8 82 36 NE 3,300 1,280 11,070 3,402 19,052 'TOTAL FOR PROJECT 11 24 22 200 64 4 241 33811 6,600 3,520 27,000 6,048 378 5,640 80011 49,9861 t'Ac#/a/T 4' °, /et, , Sc,14 D` Cr_.ii/Lcr_S (-----nt, 3 MARK THOMAS & COMPANY, INC. \... Providing Engineering,Surveying and Planning Services May 10, 2013 Mr. Roger Lee Assistant Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Bubb, Elm &McClellan Road Storm Drainage Study Dear Roger: .,_ `< J Thank you for inviting Mark Thomas & Co. Inc. (MTCo) to submit a scope and our proposal for the subject project. We have reviewed the CD you provided to us, which included ,..` F �`- �. , y£ , the 1974 Storm Drain Master Plan, 1983 Elm Courts . Flooding Investigation, 1993 Storm Drain Master Plan and .} '` g g ; 2003 Study of Storm Drainage in Elm Court and made a PrF , field visit to become familiar with the issue. -4' , ,- :Ir.:: z ri. - MTCo proposes following staffing plan for this project: '�" -t V`r Richard Tanaka, Principal in Charge Nichol Bowersox, City contact person, data gathering and permitting Ben Nguyen, Hydrologist/Drainage Specialist Ben is a licensed civil engineer and is certified QSD/QSP. Ben has 18 year of experience and has been with Mark Thomas & Co. Inc. since 2001. Ben is our drainage and hydraulic specialist. As you are aware, MTCo prepared the both 1974 and 1993 Storm Drain Master Plan for the City. I was the project engineer responsible for the preparation of these documents. Back in early 1970's and 1980's, there were no readily available computer programs to analyse storm drainage network system. Therefore, I developed our own in-house storm drainage analysis program called, ''MTSTORM", which was utilized in both of these master plans. Since then, similar computer analysis programs are commercially available, such as HYDRAIN and HYDRO. HYDRAIN is a computer program that Caltrans has adopted as their standard program. These two programs provide an output with flow capacity, flow depth, and hydraulic gradeline. Cupertino Storm Analysis Page 1 1---V/8/7 /9 Y 2e� `/ In the event of overtopping, similar to our original •N./• at.�•.. - t i r 7fe- om t+� MTSTORM program, a manual calculation needed to be `— -° �_s� -tr • performed to determine extent of overtopping at each inlet location. None of these programs can account for _" ;1 overtopping condition: Therefore, a more sophisticated • - ?, ,,,,�, + . program is needed to be used to analyze overtopping X ' ., ' • condition. These programs are generally known as 2:D • .. _ '�_� _` _ }• storm/hydraulic modelling analysis. Mark Thomas 8 � ;; Co. proposes to use XPSWMM and XP2D developed by 'P*�� R , ='' , ' 6 XP Solutions. This program will allow pipe drainage - • ► 4 analysis and the overtopping conditions and determine the spread width (Please see exhibit on the right and ' < , . - ,, y,� •f" w�ww.scientificsofiware.com and www.xpsolutions.com ••* _.._. _ -. .._ for more detail on this program's capability). Based on our review of the previous work, the 2003 Study of Storm Drainage in Elm Court assumed there is no outlet control, which was not a correct assumption. However,review of the 1983 Elm Court Flooding Investigation was more the correct approach and comprehensively performed. The recommendations in this report appear to be a reasonable solution. However, since the report did not indicate assumptions or methodology, it is difficult to determine if the result is accurate or not. We would propose following scope of services be undertaken: Evaluation Phase: 1) We have already reviewed the available data and made field visit to become familiar with the project issues and concerns. We will obtain Caltrans as-builts of the Route 85/McClellan Road bridge plan in order to determine as-built conditions of the storm drainage system across Route 85. We will also work with City staff to obtai(CAD file to be utilized as a base map for this study. ,4.4— rG�{iGr1;.ccr 2) Attend meeting with staff and neighbourhood to understand anecdotal history and the neighborhoods collection of photographs, data and ideas regarding solutions. It is most likely that this meeting may be held in the evening. If so, MTCo can host this meeting in our Cupertino Office, more in a group workshop format. If necessary, this meeting can be setup as one-on-one meeting with each property owner who wishes to meet individually or those who cannot attend the group workshop. 3) MTCo will review with the City staff the limits and extent of our proposed field surveying services. We know that the master plan pipe slopes are not in many cases the actual slope. We propose that roadway and storm drainage system invert and drainage inlet flowline be surveyed on McClellan Road from west of Route 85 to 200 feet west of Bubb intersection, Bubb southerly past Elm Court, drainage system (both underground and surface "V" ditch along the railroad track, and Elm Court street elevation, garage pads, open flume and SCVWD percolation pond. 4) Confirm drainage areas that impacts Elm Court and surrounding areas. We will utilize survey data and Google Earth Pro to determine spot elevations to confirm original 1993 Storm Drain Master Cupertino Storm Analysis Page 2 Jr/0i3/7 1' Plan drainage basin boundaries. With the accurate basin boundaries, we will recalculate drainage sub-basin areas. Utilizing XPSWMM, we will input actual pipe slopes, existing roadway and the recalculated drainage sub-basin areas and obtain existing condition results. We will test existing condition first for a 10 year storm event and by iteration process, determine storm event that the existing system can handle without hydraulic gradeline above the lowest point at Elm Court. 5) Develop Alternatives With the result obtained from Task 4 above, we will meet with the City staff and discuss potential alternatives to be evaluated. Based on our preliminary review,we believe the following are the potential alternatives: Near-Term affordable solutions: • Enlarge or reconstruct open flume for additional capacity for overland release • Investigate this overland flow release into SCVWD percolation pond. • Diversion of tributary basins away from Elm Court • Releasing 18"pipe paralleling the railroad track into SCVWD percolation pond. This release pipe would be installed at the crown of the existing 18"pipe. • Investigate potential use of flap gates or backflow preventers to limit amount of overflow into Elm Court. Long-Term solutions: • Similar to Alternative 3 in the 1983 recommendation. This recommendation still may not be sufficient in capacity to handle a 10 year storm event because the capacity limitation of bubbling out of inlets may not have been considered. • Similar to Alternative 3, but perform additional analysis to extending the parallel pipe easterly to SR 85 area. • Separate Elm Court 18" drainage system at McClellan Road and install larger, say 30" parallel pipe easterly to SR 85 area. • Develop an overflow system capable of handling 10 year storm event or at least 25 year storm event, potentially discharging to SCVWD percolation pond and/or to existing V ditch. Survey Phase: 1) MTCo will apply and obtain permits from Union Pacific and from SCVWD as required to perform field survey. We do not believe Caltrans permit is required. 2) MTCo will review with the City staff the limits and extent of our proposed field surveying services. We know that the master plan pipe slopes are not in many cases the actual slope. We propose that roadway and storm drainage system invert and drainage inlet flowline be surveyed on McClellan Road from west of Route 85 to 200 feet west of Bubb intersection, Bubb southerly past Elm Court, Cupertino Storm Analysis Page 3 ii-f7/3/7 drainage system (both underground and surface "V"ditch along the railroad track, and Elm Court street elevation, garage pads, open flume and SCVWD percolation pond. Analysis/Estimate of Probable Cost and Recommendation Phase: 1) Based on existing drainage model constructed in Task 4 during the evaluation phase, MTCo will investigate and run various alternatives as identified in Task 5 during the evaluation phase. This analysis will provide with the extent of improvements required for each alternative, amount of flooding and the storm frequency event. 2) MTCo will evaluate these alternatives and screened them out if the analysis or other project constraints make these alternatives not practical or feasible. Meet with City staff and present our preliminary findings. 3) Prepare probable cost of each viable alternatives based on screening process. Meet with City staff and present cost estimate and our preliminary recommendation of the preferred alternative that provides the optimal balance of flood protection and engineering economics. 4) Prepare written report detailing evaluation of existing documents, meeting and property owners' concerns/issues, basis of analysis, criteria for screening, cost estimates, and recommendation. 5) Assist staff in preparing and presenting presentation to neighbourhood and to City Council. Please see attached sheet for our cost proposal. If you have any questions, please contact me. Very Truly Yours, MARK THOMAS & COMPANY, INC. Richard K. Tanaka Cupertino Storm Analysis Page 4 Estimated Hours and Cost for Bubb, Elm & McClellan Road Drainage Analysis ... .. Dated: 5/10/2013 €; MARKTNOMAS&COMPANY'::' :TOTAL MA$KTHOMAS&CpmPanY:INC. :::::.:1::0.T•.•.AL :: 7.' A 9 � i K .Rem C b T: :RKT :::.N61. :'BN.. .DE...RroSur..Sur 7 TC .' .. ....... . .).., .... .:.M.d0 RI(T . N6 BN' RE Pro�Sur Sur � MTCO 2is f14 15004 :1 500.• .:.$.4... ::130:00: ::41f U4:: ::; Evaluation Phase 1)Data Gathering and Review 2 4 4 6 16 550 640 540 567 2)Pre-Meetings(up to 3) 6 6 6 18 1,650 960 810 3,420 3)Confirm existing drainage system 68 68 9180 9,480 4)Develop Alternatives 4 32 36 1,100 4,320 5,420 Subtotal Evaluation Phase 12 10 110 6 0,37 138 3,300 1,600 14,850 567 20,3117 ■ Survey Phase 1) Permits/Field Survey 4 4 4 24 36 640 540 2) Prepare Base Mapping 4 22 378 5,640 800 7,998 540 540 2,079 2,619 9 Subtotal Survey Phase 4 8 22 4 24 62 640 1,080 2,079 378 5,640 800 10,617 Analysis 1)Evaluate various alternatives 4 54 58 1,100 7,290 8.390 2)Meet w/City on Prelim Finding 2 4 3)Cost Estimates o 550 320 540 1,410 4 24 28 540 2,268 2,808 l o 4)Prepare Report 2 2 16 12 32 550 320 2,160 1,134 5)Presentation 4 4 4 12 1,100 640 540 4,164 Subtotal Analysis 12 8 82 36 2,280 138 3,300 1,280 11,070 3,402 19,052 'TOTAL FOR PROJECT 11 24 22• 200 64 4 2411 33811 6,600 3,520 27,000 6,048 378 5,640 80011 49,9861 1 Z W N Client#: 396 MARKTHOMA ACORDT. CERTIFICATE OF LIABILITY INSURANCE 6/07/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Oakland,CA 94604-2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 465-3090 David C.Eckman INSURERS AFFORDING COVERAGE INSURED INSURER A: XL Specialty Insurance Co. Mark Thomas&Company,Inc. INSURER B: 1960 Zanker Road INSURER C: San Jose,CA 95112 INSURER D: INSURER 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 HERE N IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR CY TYPE OF INSURANCE POLICY NUMBER POLI EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ COM M ERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM IT APPLIES PER' PRODUCTS-COMP/OP AGG $ POLICY n jE- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC ST OTH- EMPLOYERS'LIABILITY TORY LIMIT MITS _ ER E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ A OTHER Professional DPR9709214 07/01/13 07/01/14 $1,000,000 per Claim Liability $1,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Ref: MTC's Job#Cu-13101.Bubb,Elm&Mclellan Road Storm Drainage Study. CERTIFICATE HOLDER I ADDmONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3(11 DAYS WRITTEN Attn:City Manager NOTICE TOTHE CERTIFICATE HOLD ER NAM ED TOTHE LEFT,BUT FAILURE TO DO SO SHALL 10300 Torre Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IN SURE R,ITSAGENTS OR Cupertino,CA 95014 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE p ACORD 25-S(7/97)1 of 1 #S633750/M633728 DAC © ACORD CORPORATION 1988 DATE(MM/DDNY) ACORD CERTIFICATE OF LIABILITY INSURANCE 5/24/2013 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). Producer License Number: 0A91339 CONTACT NAME: PHONE g66-966-8928 FAX (A/C,No,Ext): (A/C,No): 408-271-1802 Y.A.Tittle&Associates Insurance Services E-MAIL P.O. Box 1960 ADDRESS: certs@yatiftleins.com San Jose,CA 95109-1960 INSURER(S)AFFORDING COVERAGE NAIC# INSURED _ INSURER A: Hartford Insurance Co.of Mid-West 37478 Mark Thomas and Company,Inc. INSURER B: Hartford Fire Insurance Co. 19682 1960 Zanker Road _INSURER C: Hartford Casualty Ins.Co. 29424 San Jose,CA 95112 INSURER D: 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 BEE N REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DDIYYYY (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 El COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 O 0 CLAIMS-MADE ®OCCUR PREMISES(Ea occurrence) ® CONTRACTUAL LIABILITY 57UUNPV9388 06/30/12 09/15/13 MED EXP(Any on person) $ 10,000 A 0 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ❑POLICY ® PROJECT 0 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ®ANY AUTO (Ea accident) $ 1,000,000 ❑ALL OWNED AUTOS BODILY INJURY(Per Person) $ B 0 SCHEDULED AUTOS 57UUNPV9388 06/30/12 09/15/13 BODILY INJURY(Per Accident) $ El HIRED AUTOS PROPERTY DAMAGE ®NON-OWNED AUTOS (Per accident) $ 0 ®UMBRELLA LIAB ® OCCUR EACH OCCURRENCE $ 4,000,000 El EXCESS LIAB 0 CLAIMS-MADE AGGREGATE $ 4,000,000 C 57XHUVS0625 06/30/12 09/15/13 0 DEDUCTIBLE O RETENTION $ WORKERS COMPENSATION ®WC STATU- U OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER 57WEDS4981 09/15/12 09/15/13 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER/EXCLUDED? 0 N/A (Mandatory in NH) E.L.DISEASE—EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATION below E.L.DISEASE—POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: CU-13101,Bubb,Elm&McClellan Road Storm Drainage Study The City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers are named as additional insureds.Waiver of Subrogation applies to General Liability and Auto per attached. THIS INSURANCE IS PRIMARY. ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IS EXCESS AND NON-CONTRIBUTORY WHEN REQUIRED BY CONTRACT. NOTE:30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAY FOR NONPAYMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH City of Cupertino THE POLICY PROVISIONS 10300 Torre Avenue _ Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE Attn: City Manager p I ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. Insured: Mark Thomas&Company HG 00 01 06 05 Policy Number: 57UUNPV9388 Page 1 of 2 have all your rights and duties under this Coverage 5. Nonowned Watercraft Part. With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a e. Unnamed Subsidiary charge,any person is an insured while operating such Any subsidiary,and subsidiary thereof,of yours which is a watercraft with your permission. Any other person or legally incorporated entity of which you own a financial organization responsible for the conduct of such person is interest of more than 50%of the voting stock on the also an insured,but only with respect to liability arising effective date of the Coverage Part. out of the operation of the watercraft,and only if no other The insurance afforded herein for any subsidiary not named insurance of any kind is available to that person or in this Coverage Part as a named insured does not apply to organization for this liability. injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or However,no person or organization is an insured with would be an insured under such policy but for its respect to: termination or the exhaustion of its limits of insurance. a. "Bodily injury"to a co-"employee"of the person operating the watercraft;or 3. Newly Acquired or Formed Organization b. "Property damage"to property owned by, rented to, Any organization you newly acquire or form, other than a in the charge of or occupied by you or the employer partnership,joint venture or limited liability company,and of any person who is an insured under this provision. over which you maintain financial interest of more than 50%of the voting stock, will qualify as a Named Insured if ***6.Additional Insureds When Required By Written there is no other similar insurance available to that Contract,Written Agreement Or Permit organization. However: The following person(s)or organization(s)are an a. Coverage under this provision is afforded additional insured when you have agreed,in a written only until the 180th day after you acquire or contract, written agreement or because of a permit issued form the organization or the end of the by a state or political subdivision,that such person or policy period, whichever is earlier; organization be added as an additional insured on your b. Coverage A does not apply to "bodily policy,provided the injury or damage occurs subsequent injury"or"property damage"that occurred to the execution of the contract or agreement. before you acquired or formed the A person or organization is an additional insured under organization;and this provision only for that period of time required by the c. Coverage B does not apply to "personal and contract or agreement. advertising injury"arising out of an offense However,no such person or organization is an insured committed before you acquired or formed under this provision if such person or organization is the organization. included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4.Mobile Equipment With respect to"mobile equipment"registered in your name a.Vendors under any motor vehicle registration law,any person is an Any person(s)or organization(s)(referred to below as insured while driving such equipment along a public vendor),but only with respect to"bodily injury or highway with your permission. Any other person or "property damage"arising out of"your products" which organization responsible for the conduct of such person is are distributed or sold in the regular course of the vendor's also an insured, but only with respect to liability arising out business and only if this Coverage Part provides coverage of the operation of the equipment, and only if no other for"bodily injury"or"property damage" included within insurance of any kind is available to that person or the "products completed operations hazard". organization for this liability. However,no person or (1)The insurance afforded the vendor is subject to the organization is an insured with respect to: following additional exclusions: a. "Bodily injury"to a co-"employee"of the person This insurance does not apply to: driving the equipment; or (a)"Bodily injury" or"property damage" for which the b. "Property damage"to property owned by, rented to, in vendor is obligated to pay damages by reason of the the charge of or occupied by you or the employer of assumption of liability in a contract or agreement. This any person who is an insured under this provision. exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Insured: Mark Thomas&Company HG 00 01 06 05 Policy Number: 57UUNPV9388 Page 2 of 2 (b)Any express warranty unauthorized by you; c. Lessors of Land or Premises (c)Any physical or chemical change in the product made Any person or organization from whom you lease intentionally by the vendor; land or premises, but only with respect to liability (d)Repackaging,except when unpacked solely for the arising out of the ownership, maintenance or use of purpose of inspection,demonstration,testing,or the that part of the land or premises leased to you. substitution of parts under instructions from the With respect to the insurance afforded these manufacturer,and then repackaged in the original container; additional insureds the following additional (e)Any failure to make such inspections,adjustments,tests exclusions apply: or servicing as the vendor has agreed to make or normally This insurance does not apply to: undertakes to make in the usual course of business, in 1. Any "occurrence" which takes place after you connection with the distribution or sale of the products; cease to lease that land;or (f)Demonstration, installation,servicing or repair 2. Structural alterations,new construction or operations,except such operations performed at the vendor's demolition operations performed by or on behalf premises in connection with the sale of the product; of such person or organization. (g)Products which,after distribution or sale by you,have been labeled or relabeled or used as a container,part or d.Architects,Engineers or Surveyors ingredient of any other thing or substance by or for the Any architect,engineer,or surveyor,but only with vendor;or respect to liability for"bodily injury", "property damage" (h) "Bodily injury"or"property damage"arising out of the or"personal and advertising injury" caused, in whole or sole negligence of the vendor for its own acts or omissions in part,by your acts or omissions or the acts or omissions or those of its employees or anyone else acting on its behalf. of those acting on your behalf: However,this exclusion does not apply to: (1) In connection with your premises;or (i)The exceptions contained in Sub-paragraphs(d)or(f); (2) In the performance of your ongoing operations or performed by you or on your behalf. (ii)Such inspections,adjustments,tests or servicing as the With respect to the insurance afforded these additional vendor has agreed to make or normally undertakes to make insureds,the following additional exclusion applies: in the usual course of business, in connection with the This insurance does not apply to"bodily injury", "property distribution or sale of the products. damage" or"personal and advertising injury"arising out of the rendering of or the failure to render any professional (2)This insurance does not apply to any insured person or services by or for you, including: organization, from whom you have acquired such products, I. The preparing,approving,or failing to prepare or or any ingredient,part or container, entering into, approve,maps, shop drawings,opinions, reports, accompanying or containing such products. surveys, field orders,change orders or drawings and specifications;or b. Lessors of Equipment 2. Supervisory,p ry, inspection,architectural or (1) Any person or organization from whom you lease engineering activities. equipment;but only with respect to their liability for e. Permits Issued By State Or Political Subdivisions "bodily injury", "property damage" or"personal and Any state or political subdivision,but only with advertising injury"caused, in whole or in part,by respect to operations performed by you or on your your maintenance,operation or use of equipment behalf for which the state or political subdivision has leased to you by such person or organization. issued a permit. (2) With respect to the insurance afforded to these With respect to the insurance afforded these additional additional insureds this insurance does not apply to insureds,this insurance does not apply to: any"occurrence" which takes place after the (1) "Bodily injury", "property damage"or"personal and equipment lease expires. advertising injury"arising out of operations performed for the state or municipality;or (2) Bodily injury"or"property damage" included within the "products-completed operations hazard". Insured: Mark Thomas&Company HG 00 01 06 05 Policy Number: 57UUNPV9388 Page 1 of 1 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the (7)When You Add Others As An Additional insured and the claimant or the claimant's legal Insured To This Insurance representative. Any other insurance available to an additional insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or organization the insured for a loss we cover under Coverages A who is an additional insured under this coverage or B of this Coverage Part, our obligations are part. limited as follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed in a applies. If other insurance is also primary, we will written contract or written agreement that this share with all that other insurance by the method insurance be primary. If other insurance is also described in c. below. primary, we will share with all that other insurance by b. Excess Insurance the method described in c. below. This insurance is excess over any of the other (b) Primary And Non-Contributory To Other insurance, whether primary, excess, contingent or Insurance When Required By Contract on any other basis: If you have agreed in a written contract, (1) Your Work written agreement, or permit that this insurance is That is Fire, Extended Coverage, Builder's Risk, primary and non-contributory with the additional Installation Risk or similar coverage for"your work"; insured's own insurance, this insurance is primary (2) Premises Rented To You and we will not seek contribution from that other That is fire, lightning or explosion insurance for insurance. premises rented to you or temporarily occupied by Paragraphs (a) and (b) do not apply to other you with permission of the owner; insurance to which the additional insured has been (3) Tenant Liability added as an additional insured. That is insurance purchased by you to cover your When this insurance is excess, we will have no duty liability as a tenant for"property damage"to under Coverages A or B to defend the insured premises rented to you or temporarily occupied by against any"suit" if any other insurer has a duty to you with permission of the owner; defend the insured against that"suit". If no other (4) Aircraft, Auto Or Watercraft insurer defends, we will undertake to do so, but we If the loss arises out of the maintenance or use of will be entitled to the insured's rights against all aircraft, "autos"or watercraft to the extent not those other insurers. subject to Exclusion g. of Section I—Coverage A— When this insurance is excess over other insurance, Bodily Injury And Property Damage Liability; we will pay only our share of the amount of the loss, 5) Property Damage to Borrowed Equipment Or if any, that exceeds the sum of: Use Of Elevators (1) The total amount that all such other insurance If the loss arises out of"property damage"to would pay for the loss in the absence of this borrowed equipment or the use of elevators to the insurance; and extent not subject to Exclusion j. of Section I -- (2) The total of all deductible and self-insured Coverage A-Bodily Injury And Property Damage amounts under all that other insurance. Liability; We will share the remaining loss, if any, with any (6)When You Are Added As An Additional other insurance that is not described in this Excess Insured To Other Insurance Insurance provision and was not bought specifically Any other insurance available to you covering to apply in excess of the Limits of Insurance shown liability for damages arising out of the premises in the Declarations of this Coverage Part. or operations, or products and completed operations, for which you have been added as an c. Method Of Sharing additional insured by that insurance; or If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Policy No. 57UUNPV9388 Insured: Mark Thomas&Company If any of the other insurance does not permit insured will bring "suit" or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each insurer's share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery against any person or organization for all or part of 5. Premium Audit any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only. At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient proof of notice. c. The first Named Insured must keep records of the SECTION V— DEFINITIONS information we need for premium computation, and send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the purpose of inducing the sale of goods, products or a. When You Accept This Policy services through: By accepting this policy, you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made to us; and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper; or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. If unintentionally you should fail to disclose all However, "advertisement" does not include: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network. Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". Part to the first Named Insured, this insurance applies: 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured; and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form. made or"suit" is brought. 4. "Auto" means a land motor vehicle, trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment. But "auto" does not a. Transfer of Rights Of Recovery include "mobile equipment". 5. "Bodily injury" means physical: If the insured has rights to recover all or part of any payment, including Supplementary Payments, we a. Injury; have made under this Coverage Part, those rights b. Sickness; or are transferred to us. The insured must do nothing c. Disease after loss to impair them. A I anguish or death at any time. HG 00 01 06 05 Page 15 of 18 Policy No. 5(UUNI-V9;idb Insured: Mark Thomas&Company, Inc. COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the lollowing: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.1. - WHO IS AN INSURED - of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and of Insurance. (2) Any organization that is acquired or (2) The "auto"is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.1. - WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That is an "insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured" under you formed or acquired the organization. paragraphs a. or b. of Who Is An B. Employees as Insureds Insured with regard to the ownership, maintenance or use of a Paragraph A.1. - WHO IS AN INSURED - of covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- contributory with the additional insured's insurance would pay for the loss in the own insurance. absence of this insurance; and (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any"auto" hired or rented by your"employee" on additional insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEA E GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident auto' is: or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss";or Under Paragraph B. EXCLUSIONS of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that coverage. airbag. No deductible applies to "loss" caused by fire or 8. ELECTRONIC EQUIPMENT - BROADENED lightning. Hired Auto Physical Damage coverage COVERAGE is excess over any other collectible insurance. Subject to the above limit, deductible and excess The exceptions to Paragraphs B.4 - provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own. following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the power from the "auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of"loss", is: "accident". (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which is "employees", partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered "auto"; or members of their households. (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system. ©2010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 3 of 5 b.$1,500 is the most we will pay for "loss" in any CLAIM, SUIT OR LOSS - of SECTION IV - one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of "loss", is: "accident"is known to: (1) Permanently installed in or upon the (1) You, if you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by 3 the "auto" manufacturer for the ( ) A member, if you are a limited liability installation of such equipment; company; or (2) Removable from a permanently installed (4) An executive officer or insurance manager, if housing unit as described in Paragraph you are a corporation. b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment; or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO- COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE- BROADENED COVERAGE CONDITIONS is replaced by the following: Under Paragraph A. - COVERAGE - of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you. "insured's" responsibility to pay damages for 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in Under Paragraph D. - DEDUCTIBLE-of SECTION the United States of America, the territories III - PHYSICAL DAMAGE COVERAGE, the and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to. glass is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D. - DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added: adding the following: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same "accident", the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form. Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: ©2010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one "loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective any one "loss"is $10,000. date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.lf the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost, whichever is less, electric motors, which move the auto. b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 DATE(MM/DDNY) ACORD CERTIFICATE OF LIABILITY INSURANCE 9/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 1 HE 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 endorsements. Producer License Number: OA91339 CONTACT NAME: (A/PHONEXt): 866-966-8928 ��-AXNo� 408-271-1802 Y.A.Tittle&Associates Insurance Services E-MAIL P.O.Box 1960 ADDRESS: certs @yatittleins.com San Jose,CA 95109-1960 _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A. Hartford Insurance Co.of Mid-West 37478 Mark Thomas and Company,Inc. INSURER B: Hartford Fire Insurance Co. 19682 1960 Zanker Road INSURER C: Hartford Casualty Ins.Co. 29424 San Jose,CA 95112 INSURER D: 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DDNYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ®COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 ❑❑CLAIMS-MADE ®OCCUR PREMISES(Ea occurrence) ® CONTRACTUAL LIABILITY 57UUNAT5222 09/15/13 09/15/14 MED EXP(Any on person) $ 10,000 A ❑ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ❑POLICY ® PROJECT ❑ LOC _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ®ANY AUTO (Ea accident) ❑ALL OWNED AUTOS BODILY INJURY(Per Person) $ B ❑SCHEDULED AUTOS 57UUNAT5222 09/15/13 09/15/14 BODILY INJURY(Per Accident) $ ®HIRED AUTOS PROPERTY DAMAGE $ ®NON-OWNED AUTOS (Per accident) ®$500 COMP.DED. 0$1,000 COLL.DED. ®UMBRELLA LIAB ® OCCUR EACH OCCURRENCE $ 4,000,000 ❑EXCESS LIAB ❑ CLAIMS-MADE AGGREGATE $ 4,000,000 C 57XHUAT5232 09/15/13 09/15/14 ❑DEDUCTIBLE ❑RETENTION $ WORKERS MPEN ATION 0 WC STATU- LJ OTH- AND EMPLOYERS'LIABILITY 57WEDZ4070 09/15/13 09/15/14 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER/EXCLUDED? ❑ N/A B (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF E.L.DISEASE-POLICY LIMIT $ 1,000,000 OPERATION below DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES(Attach ACORD 101,Additional Remarks Schedule if more space is required) RE: CU-13106,Bubb,Elm&McClellan Road Storm Drainage Study The City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers are named as additional insureds. Waiver of Subrogation applies to General Liability and Auto per attached.Additional Insured Endorsement attached. Waiver of Subrogation applies when required by written contract. THIS INSURANCE IS PRIMARY. ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IS EXCESS AND NON-CONTRIBUTORY WHEN REQUIRED BY CONTRACT. NOTE:30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAY FOR NOWPA_YMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH City of Cupertino THE POLICY PROVISIONS 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 Attn: City Manager ALAI ACORD 25 2010/05 The ACORD name and loo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. Insured: Mark Thomas&Company, Inc. HG 00 0106 05 Policy Number: 57UUNAT5222 Page 1 of 2 have all your rights and duties under this Coverage Part. e.Unnamed Subsidiary Any subsidiary,and subsidiary thereof,of yours which is a 5.Nonowned Watercraft legally incorporated entity of which you own a financial With respect to watercraft you do not own that is less than interest of more than 50%of the voting stock on the effective 51 feet long and is not being used to carry persons for a date of the Coverage Part. charge,any person is an insured while operating such The insurance afforded herein for any subsidiary not named in watercraft with your permission.Any other person or this Coverage Part as a named insured does not apply to injury organization responsible for the conduct of such person is or damage with respect to which an insured under this also an insured,but only with respect to liability arising out Coverage Part is also an insured under another policy or of the operation of the watercraft,and only if no other would be an insured under such policy but for its termination insurance of any kind is available to that person or or the exhaustion of its limits of insurance. organization for this liability. 3.Newly Acquired or Formed Organization However,no person or organization is an insured with Any organization you newly acquire or form,other than a respect to: partnership,joint venture or limited liability company,and a. "Bodily injury" to a co-"employee" of the person over which you maintain financial interest of more than 50% operating the watercraft;or of the voting stock,will qualify as a Named Insured if there is b. "Property damage" to property owned by,rented to,in no other similar insurance available to that organization. the charge of or occupied by you or the employer of However: any person who is an insured under this provision. a. Coverage under this provision is afforded only until the 180th day after you acquire or form ***6.Additional Insureds When Required By Written the organization or the end of the policy Contract,Written Agreement Or Permit period,whichever is earlier; The following person(s)or organization(s)are an additional b. Coverage A does not apply to"bodily injury" insured when you have agreed,in a written contract,written or"property damage" that occurred before you agreement or because of a permit issued by a state or acquired or formed the organization;and political subdivision,that such person or organization be c. Coverage B does not apply to"personal and added as an additional insured on your policy,provided the advertising injury" arising out of an offense injury or damage occurs subsequent to the execution of the committed before you acquired or formed the contract or agreement. organization. A person or organization is an additional insured under this provision only for that period of time required by the 4.Mobile Equipment contract or agreement. With respect to"mobile equipment"registered in your name However,no such person or organization is an insured under any motor vehicle registration law,any person is an under this provision if such person or organization is insured while driving such equipment along a public highway included as an insured by an endorsement issued by us and with your permission.Any other person or organization made a part of this Coverage Part. responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of a.Vendors the equipment,and only if no other insurance of any kind is Any person(s)or organization(s)(referred to below as available to that person or organization for this liability. vendor),but only with respect to"bodily injury or"property However,no person or organization is an insured with respect damage" arising out of"your products"which are to: distributed or sold in the regular course of the vendor's a. "Bodily injury" to a co-"employee" of the person driving business and only if this Coverage Part provides coverage the equipment;or for"bodily injury" or"property damage" included within the b. "Property damage" to property owned by,rented to,in the "products completed operations hazard". charge of or occupied by you or the employer of any (1)The insurance afforded the vendor is subject to the person who is an insured under this provision. following additional exclusions: This insurance does not apply to: (a)"Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Insured: Mark Thomas&Company, Inc. HG 00 0106 05 Policy Number: 57UUNAT5222 Page 2 of 2 (b)Any express warranty unauthorized by you; c.Lessors of Land or Premises (c)Any physical or chemical change in the product made Any person or organization from whom you lease intentionally by the vendor; land or premises,but only with respect to liability (d)Repackaging,except when unpacked solely for the arising out of the ownership,maintenance or use of purpose of inspection,demonstration,testing,or the that part of the land or premises leased to you. substitution of parts under instructions from the With respect to the insurance afforded these additional manufacturer,and then repackaged in the original container; insureds the following additional exclusions apply: (e)Any failure to make such inspections,adjustments,tests This insurance does not apply to: or servicing as the vendor has agreed to make or normally 1. Any"occurrence" which takes place after you undertakes to make in the usual course of business,in cease to lease that land;or connection with the distribution or sale of the products; 2. Structural alterations,new construction or (f)Demonstration,installation,servicing or repair demolition operations performed by or on behalf operations,except such operations performed at the vendor's of such person or organization. premises in connection with the sale of the product; (g)Products which,after distribution or sale by you,have d.Architects,Engineers or Surveyors been labeled or relabeled or used as a container,part or Any architect,engineer,or surveyor,but only with ingredient of any other thing or substance by or for the respect to liability for"bodily injury","property damage" vendor;or or"personal and advertising injury" caused,in whole or (h) "Bodily injury" or"property damage" arising out of the in part,by your acts or omissions or the acts or omissions sole negligence of the vendor for its own acts or omissions of those acting on your behalf: or those of its employees or anyone else acting on its behalf. (1) In connection with your premises;or However,this exclusion does not apply to: (2) In the performance of your ongoing operations (i)The exceptions contained in Sub-paragraphs(d)or(f); performed by you or on your behalf or With respect to the insurance afforded these additional (ii) Such inspections,adjustments,tests or servicing as the insureds,the following additional exclusion applies: vendor has agreed to make or normally undertakes to make This insurance does not apply to"bodily injury","property in the usual course of business,in connection with the damage" or"personal and advertising injury" arising out of distribution or sale of the products. the rendering of or the failure to render any professional services by or for you,including: (2)This insurance does not apply to any insured person or 1. The preparing,approving,or failing to prepare or organization,from whom you have acquired such products, approve,maps,shop drawings,opinions,reports, or any ingredient,part or container, entering into, surveys,field orders,change orders or drawings accompanying or containing such products. and specifications;or 2. Supervisory,inspection,architectural or b.Lessors of Equipment engineering activities. (1) Any person or organization from whom you lease e. Permits Issued By State Or Political Subdivisions equipment;but only with respect to their liability for Any state or political subdivision,but only with "bodily injury", "property damage" or"personal and respect to operations performed by you or on your advertising injury" caused,in whole or in part,by behalf for which the state or political subdivision has your maintenance,operation or use of equipment issued a permit. leased to you by such person or organization. With respect to the insurance afforded these additional (2) With respect to the insurance afforded to these insureds,this insurance does not apply to: additional insureds this insurance does not apply to (1) "Bodily injury", "property damage" or"personal and any"occurrence" which takes place after the advertising injury"arising out of operations equipment lease expires. performed for the state or municipality;or (2) Bodily injury" or"property damage" included within the"products-completed operations hazard". Insured: Mark Thomas&Company, Inc. HG 00 0106 05 Policy Number: 57UUNAT5222 Page 1 of 1 that are in excess of the applicable limit of insurance. (7)When You Add Others As An An agreed settlement means a settlement and Additional Insured To This Insurance release of liability signed by us, the insured and the Any other insurance available to an additional claimant or the claimant's legal representative. insured. However, the following provisions apply to other 4. Other Insurance insurance available to any person or organization If other valid and collectible insurance is available to who is an additional insured under this coverage part. the insured for a loss we cover under Coverages A or ***(a) Primary Insurance When Required By B of this Coverage Part, our obligations are limited as Contract follows: This insurance is primary if you have agreed in a a. Primary Insurance written contract or written agreement that this This insurance is primary except when b. below insurance be primary. If other insurance is also applies. If other insurance is also primary, we will primary, we will share with all that other insurance by share with all that other insurance by the method the method described in c. below. described in c. below. (b) Primary And Non-Contributory To Other b. Excess Insurance Insurance When Required By Contract This insurance is excess over any of the other If you have agreed in a written contract, insurance, whether primary, excess, contingent or on written agreement, or permit that this insurance is any other basis: primary and non-contributory with the additional (1)Your Work insured's own insurance, this insurance is primary That is Fire, Extended Coverage, Builder's Risk, and we will not seek contribution from that other Installation Risk or similar coverage for"your work"; insurance. (2) Premises Rented To You Paragraphs (a)and (b)do not apply to other That is fire, lightning or explosion insurance for insurance to which the additional insured has been premises rented to you or temporarily occupied by added as an additional insured. you with permission of the owner; When this insurance is excess, we will have no duty (1) Tenant Liability under Coverages A or B to defend the insured That is insurance purchased by you to cover your against any"suit" if any other insurer has a duty to liability as a tenant for"property damage"to premises defend the insured against that"suit". If no other rented to you or temporarily occupied by you with insurer defends, we will undertake to do so, but we permission of the owner; will be entitled to the insured's rights against all those (4)Aircraft, Auto Or Watercraft other insurers. If the loss arises out of the maintenance or use of When this insurance is excess over other insurance, aircraft, "autos"or watercraft to the extent not subject we will pay only our share of the amount of the loss, if to Exclusion g. of Section I—Coverage A—Bodily any, that exceeds the sum of: Injury And Property Damage Liability; (1) The total amount that all such other insurance 5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance; and If the loss arises out of"property damage"to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to the amounts under all that other insurance. extent not subject to Exclusion j. of Section I-- We will share the remaining loss, if any, with any Coverage A- Bodily Injury And Property Damage other insurance that is not described in this Excess Liability; Insurance provision and was not bought specifically (6)When You Are Added As An Additional to apply in excess of the Limits of Insurance shown in Insured To Other Insurance the Declarations of this Coverage Part. Any other insurance available to you covering liability for damages arising out of the premises c. Method Of Sharing or operations, or products and completed operations, If all of the other insurance permits contribution by for which you have been added as an additional equal shares, we will follow this method also. Under insured by that insurance; or this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Policy No: 57UUNAT5222 Insured: Mark Thomas&Company, Inc. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its insured will bring "suit"or transfer those rights to and applicable limit of insurance to the total applicable limits of help us enforce them. insurance of all insurers. **b.Waiver Of Rights Of Recovery(Waiver Of 5. Premium Audit Subrogation) a. We will compute all premiums for this Coverage Part in If the insured has waived any rights of recovery accordance with our rules and rates against any person or organization for all or part of any b. Premium shown in this Coverage Part as advance payment, including Supplementary Payments, we premium is a deposit premium only. At the close each have made under this Coverage Part,we also waive that right, provided the insured waived their rights of audit period we will compute the earned premium for recovery against such person or organization in a that period and send notice to the first Named Insured. contract, agreement or permit that was executed prior The due date for audit and retrospective premiums is to the injury or damage. the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy 9.When We Do Not Renew period is greater than the earned premium, we will If we decide not to renew this Coverage Part, we return the excess to the first Named Insured. will mail or deliver to the first Named Insured shown c. The first Named Insured must keep records of the in the Declarations written notice of the nonrenewal information we need for premium computation, and not less send us copies at such times as we may request. than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient 6. Representations proof of notice. a. When You Accept This Policy By accepting this policy, you agree: SECTION V—DEFINITIONS 1. "Advertisement" means the widespread public (1)The statements in the Declarations are accurate dissemination of information or images that has the and complete; purpose of inducing the sale of goods, products or (2)Those statements are based upon services through: representations you made to us; and a. (1) Radio; (3)We have issued this policy in reliance upon your (2)Television; representations. (3) Billboard; (4) Magazine; b. Unintentional Failure To Disclose Hazards (5) Newspaper; or If unintentionally you should fail to disclose all hazards b.Any other publication that is given widespread relating to the conduct of your business that exist at the public distribution. inception date of this Coverage Part,we shall not deny However, "advertisement"does not include: coverage under this Coverage Part because of such a. The design, printed material, information or images failure. contained in, on or upon the packaging or labeling of any goods or products; or 7. Separation Of Insureds b. An interactive conversation between or among Except with respect to the Limits of Insurance, and any rights persons through a computer network. or duties specifically assigned in this Coverage 2. "Advertising idea" means any idea for an Part to the first Named Insured, this insurance applies: "advertisement" a.As if each Named Insured were the only Named Insured; 3. "Asbestos hazard"means an exposure or threat of and exposure to the actual or alleged properties of b.Separately to each insured against whom claim is asbestos and includes the mere presence of asbestos made or"suit"is brought. in any form. 4. "Auto"means a land motor vehicle, trailer or 8.Transfer Of Rights Of Recovery Against Others To Us semitrailer designed for travel on public roads, including any attached machinery or equipment. But a.Transfer of Rights Of Recovery "auto"does not include"mobile equipment". If the insured has rights to recover all or part of any payment, 5. "Bodily injury"means physical: including Supplementary Payments, we have made under this a. Injury; Coverage Part, those rights are transferred to us. The insured b. Sickness; or must do nothing after loss to impair them. At our request, the c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. Policy No. 57WEDZ4070 Insured: Mark Thomas and Company, Inc. EXTENDED OPTIONS 1. Employers' Liability Insurance 4. Foreign Voluntary Compensation and Item 3.13. of the Information Page is replaced by Employers' Liability Reimbursement the following: A. How This Reimbursement Applies B. Employers' Liability Insurance: This reimbursement provision applies to bodily 1. Part Two of the policy applies to work in injury by accident or bodily injury by disease. each state listed in Item 3.A. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an The Limits of Liability under Part Two are officer or employee. the higher of: 2. The bodily injury must occur in the course of employment necessary or incidental to Bodily Injury work in a country not listed in Exclusion by Accident $500,000 Each Accident C.1. of this provision. 3. Bodily injury by accident must occur Bodily Injury during the policy period. by Disease $500,000 Policy Limit 4. Bodily injury by disease must be caused or aggravated by the conditions of your Bodily Injury employment. The officer or employee's by Disease $500,000 Each Employee last exposure to those conditions of your employment must occur during the policy OR period. B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page. you whether such amounts are: This provision 1 of EXTENDED OPTIONS does not 1. voluntary payments for the benefits that apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited. officers or employees were subject to any In this provision the limits are changed from workers'compensation law of the state of $500,000 to$1,000,000 in California. hire of the individual employee. 2. Unintentional Failure to Disclose Hazards 2. sums to which Part Two (Employers' If you unintentionally should fail to disclose all Liabilitylnsurance) would apply if the existing hazards at the inception date of your Countryof Employment were shown in policy, we shall not deny coverage under this Item 3.A. of the Information Page. policy because of such failure. C. Exclusions 3. Waiver of Our Right To Recover From Others This insurance does not cover: A. We have the right to recover our payments 1. any occurrences in the United States, from anyone liable for an injury covered by this Canada, and any country or jurisdiction policy. We will not enforce our right against which is the subject of trade or economic any person or organization for whom you sanctions imposed by the laws or perform work under a written contract that regulations of the United States of requires you to obtain this agreement from us. America in effect as of the inception date This agreement shall not operate directly or of this policy. indirectly to benefit anyone not named in the 2. any obligation imposed by a workers' agreement. compensation or occupational disease law, or similar law. B. This provision 3. does not apply in the states of Pennsylvania and Utah. 3. bodily injury intentionally caused or aggravated by you. Fnrm W('.QQ n3 nR R Prinf-ri in I I R A /Fri A/nni Pnna A of A Commercial Automobile Policy No. 57UUNAT5222 HA 99 1609 10 Insured: Mark Thomas&Company, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A.Subsidiaries and Newly Acquired or d.Any"employee"of yours while using a covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to include: (1)Any legally incorporated subsidiary in C. Lessors as Insureds which you own more than 50% of the voting stock on the effective date of the Paragraph A.1. -WHO IS AN INSURED—of Coverage Form. However, the Named Section II - Liability Coverage is amended to add: Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an e. The lessor of a covered "auto"while the insured" under such a policy but for its "auto" is leased to you under a written termination or the exhaustion of its Limit agreement if: of Insurance. (1)The agreement requires you to (2)Any organization that is acquired or provide direct primary insurance for formed by you and over which you the lessor and maintain majority ownership. However, (2)The"auto" is leased without a driver. the Named Insured does not include any Such a leased "auto"will be considered a covered newly formed or acquired organization: "auto"you own and not a coveredauto"you hire (a)That is a partnership,joint venture or limited liability company *"*D. Additional Insured if Required by Contract (b)That is an "insured" under any other (1) Paragraph A.1. -WHO IS AN INSURED policy, -of Section II - Liability Coverage is (c)That has exhausted its Limit of amended to add: Insurance under any other policy, or f.When you have agreed, in a written (d) 180 days or more after its contract or written agreement, that a acquisition or formation by you, person or organization be added as unless you have given us notice of an additional insured on your the acquisition or formation. business auto policy, such person or Coverage does not apply to "bodily organization is an "insured", but only to injury"or"property damage"that results the extent such person or organization is from an "accident"that occurred before liable for"bodilyinjury"or"property damage" you formed or acquired the organization. causedby the conduct of an "insured" under B. Employees as Insureds paragraphs a. or b. of Who Is An Paragraph A.1. -WHO IS AN INSURED -of Insured with regard to the SECTION II - LIABILITY COVERAGE is ownership, maintenance or use of a amended to add: covered "auto." Commercial Automobile Policy No. 57UUNAT5222 HA 99 1609 10 Insured: Mark Thomas&Company, Inc. The insurance afforded to any such additional insured applies only if the E.Primary and Non-Contributory if "bodily injury"or"property damage" Required by Contract occurs: Only with respect to insurance provided to an additional insured in I.D. -Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a)The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b)The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other Such amount shall be a part of and not insurance. in addition to Limits of Insurance shown (3) (4) Paragraphs do not apply to other in the Declarations and described in this insurance to which the additional insured Section. has been added as an additional insured. (3)Additional Insureds Other Insurance If we cover a claim or"suit" under this When this insurance is excess, we will have no Coverage Part that may also be covered duty to defend the insured against any"suit" if by other insurance available to an any other insurer has a duty to defend the additional insured, such additional insured against that"suit". If no other insurer insured must submit such claim or"suit" defends, we will undertake to do so, but we will to the other insurer for defense and be entitled to the insured's rights against all indemnity. those other insurers. However, this provision does not apply When this insurance is excess over other to the extent that you have agreed in a insurance, we will pay only our share of the written contract or written agreement amount of the loss, if any, that exceeds the sum that this insurance is primary and non- of: insurance contributory with the additional (1)The total amount that all such other insured's own insurance. Insurance would pay for the loss in the absence of this insurance; and (4) Duties in The Event Of Accident, Claim, (2)The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any"auto" hired or rented by your"employee"on additional insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS—OF SECTION IV— BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. Policy No. 57UUNAT5222 Commercial Automobile Insured: Mark Thomas&Company, Inc. HA 99 1609 10 CLAIM, SUIT OR LOSS-of SECTION IV- b.$1,500 is the most we will pay one"accident"to BUSINESS AUTO CONDITIONS that you must all electronic equipment that reproduces, receives notify us of an "accident"applies only when the or transmits audio, visual or data signals which, at "accident" is known to: the time of"loss", is: (1)You, if you are an individual; (1) Permanently installed in or upon the covered (2)A partner, if you are a partnership; "auto" in a housing, opening or (3)A member, if you are a limited liability other location that is not normally used by company; or the "auto" manufacturer for the (4)An executive officer or insurance manager, if installation of such equipment; you are a corporation. (2) Removable from a permanently installed 13. UNINTENTIONAL FAILURE TO DISCLOSE housing unit as described in Paragraph HAZARDS b.(1)above or is an integral part of that If you unintentionally fail to disclose any hazards equipment; or existing at the inception date of your policy, we (3)An integral part of such equipment. will not deny coverage under this Coverage c.For each covered "auto", should loss be Form because of such failure. limited to electronic equipment only, our 14. HIRED AUTO -COVERAGE TERRITORY obligation to pay for, repair, return or replace Paragraph e. of GENERAL CONDITIONS 7. - damaged or stolen electronic equipment will be POLICY PERIOD, COVERAGE TERRITORY- reduced by the applicable deductible shown of SECTION IV- BUSINESS AUTO in the Declarations, or$250, whichever CONDITIONS is replaced by the following: deductible is less. e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is 9. EXTRA EXPENSE - BROADENED COVERAGE anywhere in the world provided that if the Under Paragraph A. -COVERAGE -of SECTION III "insured's" responsibility to pay damages for - PHYSICAL DAMAGE COVERAGE, we will pay for "bodily injury" or"property damage" is the expense of returning a stolen covered "auto"to determined in a "suit,"the "suit" is brought in you. the United States of America, the territories 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE and possessions of the United States of Under Paragraph D. - DEDUCTIBLE -of SECTION America, Puerto Rico or Canada or in a III - PHYSICAL DAMAGE COVERAGE, the settlement we agree to. following is added: ***15.WAIVER OF SUBROGATION No deductible applies to glass damage if the glass TRANSFER OF RIGHTS OF RECOVERY is repaired rather than replaced. AGAINST OTHERS TO US -of SECTION IV- 11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended by Under Paragraph D. - DEDUCTIBLE -of SECTION adding the following: III -PHYSICAL DAMAGE COVERAGE, the We waive any right of recovery we may have following is added: If another Hartford Financial against any person or organization with whom Services Group, Inc. company policy or coverage you have a written contract that requires such form that is not an automobile policy or coverage waiver because of payments we make for form applies to the same "accident", the following damages under this Coverage Form. applies: 16. RESULTANT MENTAL ANGUISH (1) If the deductible under this Business Auto COVERAGE Coverage Form is the smaller(or smallest) The definition of"bodily injury" in SECTION V( deductible, it will be waived; DEFINITIONS is replaced by the following: (2) If the deductible under this Business Auto "Bodily injury" means bodily injury, sickness or Coverage Form is not the smaller(or disease sustained by any person, including smallest)deductible, it will be reduced by the mental anguish or death resulting from any of amount of the smaller(or smallest) these. deductible. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY 12. AMENDED DUTIES IN THE EVENT OF CONDITIONS -CANCELLATION -applies ACCIDENT, CLAIM, SUIT OR LOSS except as follows: The requirement in LOSS CONDITIONS 2.a. DUTIES IN THE EVENT OF ACCIDENT Client#: 396 MARKTHOMA DATE(MM/DD ACORD- CERTIFICATE OF LIABILITY INSURANCE 6/25/2013m) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 David C. Eckman INSURERS AFFORDING COVERAGE INSURED INSURER A: XL Specialty Insurance Co. Mark Thomas&Company, Inc. 1960 Zanker Road INSURER B: INSURER C: San Jose, CA 95112 INSURER D: INSURER 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 HERE114 IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE: MM/OD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE F-1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPL IES PER: PRODUCTS-COMP/OPAGG $ POLICY JE� LOC _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR 171 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ _ $ WORKERS COMPENSATION AND WC STATIT OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE -POLICY LIMIT $ A OTHER Professional D 07/1)1/13 07/01/14 $1,000,000 per Claim Liability $1,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SF ECIAL PROVISIONS Ref: MTC's Job#CU-13106. Bubb,Elm & Mclellan Road Storm Drainage Study. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION £H OULD ANYOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30 DAYSWRITTEN Attn: City Manager NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT,BUTFAILURE TODOSOSHALL 10300 Torre Avenue IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR Cupertino, CA 95014 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE � s ACORD 25-S(7/97)1 of 1 #S649667/M633728 DAC © ACORD CORPORATION 1988 DATE(MM/DDNY) ACORD CERTIFICATE OF LIABILITY INSURANCE 1 5/24/2013 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). Producer License Number: OA91339 CONTACT NAME: �A/�HONExt): 866-966-8928 (A/C,No): 408-271-1802 Y.A.Tittle&Associates Insurance Services E-MAIL P.O. Box 1960 ADDRESS: cents @yatittleins.com San Jose,CA 95109-1960 _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED _INSURER A: Hartford Insurance Co.of Mid-West 37478 Mark Thomas and Company,Inc. INSURER B: Hartford Fire Insurance Co. 19682 1960 Zanker Road INSURER C: Hartford Casualty Ins.Co. 29424 San Jose,CA 95112 INSURER D: _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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ®COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 ❑❑CLAIMS-MADE ®OCCUR PREMISES(Ea occurrence) ® CONTRACTUAL LIABILITY 57UCINPV9388 06/30/12 09/15/13 MED EXP(Any on person) $ 10,000 A ❑ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ❑POLICY (D PROJECT ❑ LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ®ANY AUTO (Ea accident) $ ],000,000 ❑ALL OWNED AUTOS BODILY INJURY(Per Person) $ B ❑SCHEDULED AUTOS 57LIUNPV9388 06/30/12 09/15/13 BODILY INJURY(Per Accident) $ ®HIRED AUTOS PROPERTY DAMAGE ®NON-OWNED AUTOS (Per accident) $ El ®UMBRELLA LIAB ® OCCUR EACH OCCURRENCE $ 4,000,000 ❑EXCESS LIAB ❑ CLAIMS-MADE AGGREGATE $ 4,000,000 C 57XHUVX0625 06/30/12 09/15/13 ❑DEDUCTIBLE ❑RETENTION $ WORKERS COMPENSATION W STATU- MOTH- AND EMPLOYERS'LIABILITY 57W EDS4981 09/15/12 09/15/13 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 B OFFICERMIEMBER/EXCLUDED9 ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATION below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: CU-13101,Bubb,Elm&McClellan Road Storm Drainage Study The City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers are named as additional insureds.Waiver of Subrogation applies to General Liability and Auto per attached. THIS INSURANCE IS PRIMARY. ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION IS EXCESS AND NON-CONTRIBUTORY WHEN REQUIRED BY CONTRACT. NOTE:30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAY FOR NON-PAYMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH City of Cupertino THE POLICY PROVISIONS 10300 Torre Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE Attn: City Manager j 1Q _ Q,(� ACORD 25 2010/05 The ACORD name and loo are r i;tered marks off A`CCORrD ©1988-2010 ACORD CORPORATION. All rights reserved. Insured: Mark Thomas &Company HG 00 0106 05 Policy Number: 57UUNPV9388 Page 1 of 2 have all your rights and duties under this Coverage 5. Nonowned Watercraft Part. With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a e. Unnamed Subsidiary charge,any person is an insured while operating such Any subsidiary,and subsidiary thereof,of yours which is a watercraft with your permission.Any other person or legally incorporated entity of which you own a financial organization responsible for the conduct of such person is interest of more than 50%of the voting stock on the also an insured,but only with respect to liability arising effective date of the Coverage Part. out of the operation of the watercraft,and only if no other The insurance afforded herein for any subsidiary not named insurance of any kind is available to that person or in this Coverage Part as a named insured does not apply to organization for this liability. injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or However,no person or organization is an insured with would be an insured under such policy but for its respect to: termination or the exhaustion of its limits of insurance. a. "Bodily injury"to a co-"employee"of the person operating the watercraft;or 3.Newly Acquired or Formed Organization b. "Property damage"to property owned by,rented to, Any organization you newly acquire or form,other than a in the charge of or occupied by you or the employer partnership,joint venture or limited liability company,and of any person who is an insured under this provision. over which you maintain financial interest of more than 50%of the voting stock,will qualify as a Named Insured if ***6.Additional Insureds When Required By Written there is no other similar insurance available to that Contract,Written Agreement Or Permit organization. However: The following person(s)or organization(s)are an a. Coverage under this provision is afforded additional insured when you have agreed,in a written only until the 180th day after you acquire or contract,written agreement or because of a permit issued form the organization or the end of the by a state or political subdivision,that such person or policy period,whichever is earlier; organization be added as an additional insured on your b. Coverage A does not apply to "bodily policy,provided the injury or damage occurs subsequent injury"or"property damage"that occurred to the execution of the contract or agreement. before you acquired or formed the A person or organization is an additional insured under organization;and this provision only for that period of time required by the c. Coverage B does not apply to"personal and contract or agreement. advertising injury"arising out of an offense However,no such person or organization is an insured committed before you acquired or formed under this provision if such person or organization is the organization. included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. Mobile Equipment With respect to"mobile equipment"registered in your name a.Vendors under any motor vehicle registration law,any person is an Any person(s)or organization(s)(referred to below as insured while driving such equipment along a public vendor),but only with respect to"bodily injury or highway with your permission.Any other person or "property damage" arising out of"your products" which organization responsible for the conduct of such person is are distributed or sold in the regular course of the vendor's also an insured,but only with respect to liability arising out business and only if this Coverage Part provides coverage of the operation of the equipment, and only if no other for"bodily injury" or"property damage" included within insurance of any kind is available to that person or the "products completed operations hazard". organization for this liability. However,no person or (1)The insurance afforded the vendor is subject to the organization is an insured with respect to: following additional exclusions: a. "Bodily injury"to a co-"employee" of the person This insurance does not apply to: driving the equipment;or (a)"Bodily injury"or"property damage"for which the b. "Property damage"to property owned by,rented to, in vendor is obligated to pay damages by reason of the the charge of or occupied by you or the employer of assumption of liability in a contract or agreement.This any person who is an insured under this provision. exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Insured: Mark Thomas&Company HG 00 0106 05 Policy Number: 57UUNPV9388 Page 2 of 2 (b)Any express warranty unauthorized by you; c. Lessors of Land or Premises (c)Any physical or chemical change in the product made Any person or organization from whom you lease intentionally by the vendor; land or premises,but only with respect to liability (d) Repackaging,except when unpacked solely for the arising out of the ownership,maintenance or use of purpose of inspection,demonstration,testing,or the that part of the land or premises leased to you. substitution of parts under instructions from the With respect to the insurance afforded these manufacturer,and then repackaged in the original container; additional insureds the following additional (e)Any failure to make such inspections,adjustments,tests exclusions apply: or servicing as the vendor has agreed to make or normally This insurance does not apply to: undertakes to make in the usual course of business, in 1. Any"occurrence" which takes place after you connection with the distribution or sale of the products; cease to lease that land;or (f)Demonstration, installation,servicing or repair 2. Structural alterations,new construction or operations,except such operations performed at the vendor's demolition operations performed by or on behalf premises in connection with the sale of the product; of such person or organization. (g)Products which,after distribution or sale by you,have been labeled or relabeled or used as a container,part or d. Architects, Engineers or Surveyors ingredient of any other thing or substance by or for the Any architect,engineer,or surveyor,but only with vendor;or respect to liability for"bodily injury", "property damage" (h) "Bodily injury" or"property damage" arising out of the or"personal and advertising injury" caused,in whole or sole negligence of the vendor for its own acts or omissions in part,by your acts or omissions or the acts or omissions or those of its employees or anyone else acting on its behalf. of those acting on your behalf: However,this exclusion does not apply to: (1) In connection with your premises;or (i)The exceptions contained in Sub-paragraphs(d)or(f); (2) In the performance of your ongoing operations or performed by you or on your behalf. (ii)Such inspections,adjustments,tests or servicing as the With respect to the insurance afforded these additional vendor has agreed to make or normally undertakes to make insureds,the following additional exclusion applies: in the usual course of business, in connection with the This insurance does not apply to "bodily injury", "property distribution or sale of the products. damage" or"personal and advertising injury"arising out of the rendering of or the failure to render any professional (2)This insurance does not apply to any insured person or services by or for you, including: organization,from whom you have acquired such products, 1. The preparing,approving,or failing to prepare or or any ingredient,part or container, entering into, approve,maps,shop drawings,opinions, reports, accompanying or containing such products. surveys, field orders,change orders or drawings and specifications;or b. Lessors of Equipment 2. Supervisory, inspection,architectural or (1) Any person or organization from whom you lease engineering activities. equipment;but only with respect to their liability for e. Permits Issued By State Or Political Subdivisions "bodily injury", "property damage" or"personal and Any state or political subdivision,but only with advertising injury" caused, in whole or in part,by respect to operations performed by you or on your your maintenance,operation or use of equipment behalf for which the state or political subdivision has leased to you by such person or organization. issued a permit. (2) With respect to the insurance afforded to these With respect to the insurance afforded these additional additional insureds this insurance does not apply to insureds,this insurance does not apply to: any"occurrence" which takes place after the (l) "Bodily injury", "property damage"or"personal and equipment lease expires. advertising injury"arising out of operations performed for the state or municipality;or (2) Bodily injury" or"property damage" included within the "products-completed operations hazard". Insured: Mark Thomas&Company HG 00 0106 05 Policy Number: 57UUNPV9388 Page 1 of 1 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the (7)When You Add Others As An Additional insured and the claimant or the claimant's legal Insured To This Insurance representative. Any other insurance available to an additional insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or organization the insured for a loss we cover under Coverages A who is an additional insured under this coverage or B of this Coverage Part, our obligations are part. limited as follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed in a applies. If other insurance is also primary, we will written contract or written agreement that this share with all that other insurance by the method insurance be primary. If other insurance is also described in c. below. primary, we will share with all that other insurance by b. Excess Insurance the method described in c. below. This insurance is excess over any of the other (b) Primary And Non-Contributory To Other insurance, whether primary, excess, contingent or Insurance When Required By Contract on any other basis: If you have agreed in a written contract, (1) Your Work written agreement, or permit that this insurance is That is Fire, Extended Coverage, Builder's Risk, primary and non-contributory with the additional Installation Risk or similar coverage for"your work"; insured's own insurance, this insurance is primary (2) Premises Rented To You and we will not seek contribution from that other That is fire, lightning or explosion insurance for insurance. premises rented to you or temporarily occupied by Paragraphs (a) and (b) do not apply to other you with permission of the owner; insurance to which the additional insured has been (3) Tenant Liability added as an additional insured. That is insurance purchased by you to cover your When this insurance is excess, we will have no duty liability as a tenant for"property damage" to under Coverages A or B to defend the insured premises rented to you or temporarily occupied by against any "suit" if any other insurer has a duty to you with permission of the owner; defend the insured against that"suit". If no other (4)Aircraft, Auto Or Watercraft insurer defends, we will undertake to do so, but we If the loss arises out of the maintenance or use of will be entitled to the insured's rights against all aircraft, "autos" or watercraft to the extent not those other insurers. subject to Exclusion g. of Section I—Coverage A— When this insurance is excess over other insurance, Bodily Injury And Property Damage Liability; we will pay only our share of the amount of the loss, 5) Property Damage to Borrowed Equipment Or if any, that exceeds the sum of: Use Of Elevators (1) The total amount that all such other insurance If the loss arises out of"property damage" to would pay for the loss in the absence of this borrowed equipment or the use of elevators to the insurance; and extent not subject to Exclusion j. of Section I -- (2) The total of all deductible and self-insured Coverage A- Bodily Injury And Property Damage amounts under all that other insurance. Liability; We will share the remaining loss, if any, with any (6)When You Are Added As An Additional other insurance that is not described in this Excess Insured To Other Insurance Insurance provision and was not bought specifically Any other insurance available to you covering to apply in excess of the Limits of Insurance shown liability for damages arising out of the premises in the Declarations of this Coverage Part. or operations, or products and completed operations, for which you have been added as an c. Method Of Sharing additional insured by that insurance; or If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Policy No. 57UUNPV9388 Insured: Mark Thomas &Company If any of the other insurance does not permit insured will bring "suit" or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each insurer's share is b, Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery 5. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only. At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient proof of notice. c. The first Named Insured must keep records of the information we need for premium computation, and l3ECTION V— DEFINITIONS send us copies at such times as we may request. 1. "Advertisement" means the widespread public 6. Representations dissemination of information or images that has the a. When You Accept This Policy purpose of inducing the sale of goods, products or services through: By accepting this policy, you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2) Television; and complete; (3) Billboard; (2) Those statements are based upon representations you made to us; and (4) Magazine; (3) We have issued this policy in reliance upon your (5) Newspaper; or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution. If unintentionally you should fail to disclose all However, "advertisement" does not include: hazards relating to the conduct of your business a. The design, printed material, information or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products; or Coverage Part because of such failure. b. An interactive conversation between or among 7. Separation Of Insureds persons through a computer network. Except with respect to the Limits of Insurance, and any 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage "advertisement". Part to the first Named Insured, this insurance applies: 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured; and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any form. made or"suit" is brought. 4. "Auto" means a land motor vehicle, trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment. But "auto" does not a. Transfer of Rights Of Recovery include "mobile equipment". If the insured has rights to recover all or part of any 5. "Bodily injury" means physical: payment, including Supplementary Payments, we a. Injury; have made under this Coverage Part, those rights b. Sickness; or are transferred to us. The insured must do nothing c. Disease after loss to impair them. A I anguish or death at any time. HG 00 01 06 05 Page 15 of 18 Nollcy NO. 5/UUNNV9Jbb Insured: Mark Thomas&Company, Inc. COMMERCIAL AUTOMOBILE HA 99 16 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in Paragraph A.1. - WHO IS AN INSURED - of which you own more than 50% of the Section II - Liability Coverage is amended to voting stock on the effective date of the add: Coverage Form. However, the Named e. The lessor of a covered "auto" while the Insured does not include any subsidiary "auto" is leased to you under a written that is an "insured" under any other agreement if: automobile policy or would be an (1) The agreement requires you to "insured" under such a policy but for its provide direct primary insurance for termination or the exhaustion of its Limit the lessor and of Insurance. (2) Any organization that is acquired or (2) The "auto" is leased without a driver. formed by you and over which you Such a leased "auto" will be considered a maintain majority ownership. However, covered "auto" you own and not a covered the Named Insured does not include any "auto"you hire. newly formed or acquired organization: D. Additional Insured if Required by Contract (a) That is a partnership, joint venture (1) Paragraph A.1. - WHO IS AN INSURED or limited liability company - of Section II - Liability Coverage is (b) That is an "insured" under any other amended to add: policy, f. When you have agreed, in a written (c) That has exhausted its Limit of contract or written agreement, that a Insurance under any other policy, or person or organization be added as (d) 180 days or more after its an additional insured on your acquisition or formation by you, business auto policy, such person or unless you have given us notice of organization is an "insured", but only the acquisition or formation. to the extent such person or Coverage does not apply to "bodily organization is liable for "bodily injury" or "property damage" that results injury" or "property damage" caused from an "accident" that occurred before by the conduct of an "insured" under you formed or acquired the organization. paragraphs a. or b. of Who Is An B. Employees as Insureds Insured with regard to the ownership, maintenance or use of a Paragraph A.1. - WHO IS AN INSURED - of covered "auto." SECTION II - LIABILITY COVERAGE is amended to add: ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" on additional insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — by adding the following: BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEA E GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident "auto" is: or disability insurance purchased with the loan or lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that coverage. airbag. No deductible applies to "loss" caused by fire or g, ELECTRONIC EQUIPMENT - BROADENED lightning. Hired Auto Physical Damage coverage COVERAGE is excess over any other collectible insurance. Subject to the above limit, deductible and excess The exceptions to Paragraphs B.4 - provisions, we will provide coverage equal to the EXCLUSIONS - of SECTION III - PHYSICAL broadest coverage applicable to any covered DAMAGE COVERAGE are replaced by the "auto"you own. following: We will also cover loss of use of the hired "auto" a.Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by liable and the lessor incurs an actual financial use of the power from the "auto's" electrical loss, subject to a maximum of $1000 per system that, at the time of "loss", is: "accident". (1) Permanently installed in or upon the This extension of coverage does not apply to any covered "auto"; "auto" you hire or borrow from any of your (2) Removable from a housing unit which is "employees", partners (if you are a partnership), permanently installed in or upon the members (if you are a limited liability company), covered "auto"; or members of their households. (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. ©2010, The Hartford (Includes copyrighted material Form HA 9916 0910 of ISO Properties, Inc., with its permission.) Page 3 of 5 b.$1,500 is the most we will pay for "loss" in any CLAIM, SUIT OR LOSS - of SECTION IV - one "accident" to all electronic equipment that BUSINESS AUTO CONDITIONS that you must reproduces, receives or transmits audio, visual notify us of an "accident" applies only when the or data signals which, at the time of "loss", is: "accident" is known to: (1) Permanently installed in or upon the (1) You, if you are an individual; covered "auto" in a housing, opening or (2) A partner, if you are a partnership; other location that is not normally used by the "auto" manufacturer for the (3) A member, if you are a limited liability installation of such equipment; company; or (2) Removable from a permanently installed (4) An executive officer or insurance manager, if housing unit as described in Paragraph you are a corporation. b.(1) above or is an integral part of that 13. UNINTENTIONAL FAILURE TO DISCLOSE equipment; or HAZARDS (3) An integral part of such equipment. If you unintentionally fail to disclose any hazards c.For each covered "auto", should loss be existing at the inception date of your policy, we limited to electronic equipment only, our will not deny coverage under this Coverage obligation to pay for, repair, return or replace Form because of such failure. damaged or stolen electronic equipment will 14. HIRED AUTO- COVERAGE TERRITORY be reduced by the applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - in the Declarations, or $250, whichever POLICY PERIOD, COVERAGE TERRITORY - deductible is less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE- BROADENED COVERAGE CONDITIONS is replaced by the following: Under Paragraph A. - COVERAGE - of SECTION e. For short-term hired "autos", the coverage III - PHYSICAL DAMAGE COVERAGE, we will territory with respect to Liability Coverage is pay for the expense of returning a stolen covered anywhere in the world provided that if the "auto"to you. "insured's" responsibility to pay damages for 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE "bodily injury" or "property damage" is Under Paragraph D. - DEDUCTIBLE-of SECTION determined in a "suit," the "suit" is brought in III - PHYSICAL DAMAGE COVERAGE, the the United States of America, the territories and possessions of the United States of following is added: America, Puerto Rico or Canada or in a No deductible applies to glass damage if the settlement we agree to. glass is repaired rather than replaced. 15. WAIVER OF SUBROGATION 11. TWO OR MORE DEDUCTIBLES TRANSFER OF RIGHTS OF RECOVERY Under Paragraph D. - DEDUCTIBLE-of SECTION AGAINST OTHERS TO US - of SECTION IV - III - PHYSICAL DAMAGE COVERAGE, the BUSINESS AUTO CONDITIONS is amended by following is added: adding the following: If another Hartford Financial Services Group, We waive any right of recovery we may have Inc. company policy or coverage form that is not against any person or organization with whom an automobile policy or coverage form applies to you have a written contract that requires such the same "accident", the following applies: waiver because of payments we make for (1) If the deductible under this Business Auto damages under this Coverage Form. Coverage Form is the smaller (or smallest) 16. RESULTANT MENTAL ANGUISH COVERAGE deductible, it will be waived; The definition of "bodily injury" in SECTION V- (2) If the deductible under this Business Auto DEFINITIONS is replaced by the following: Coverage Form is not the smaller (or "Bodily injury" means bodily injury, sickness or smallest) deductible, it will be reduced by the disease sustained by any person, including amount of the smaller (or smallest) mental anguish or death resulting from any of deductible. these. 12. AMENDED DUTIES IN THE EVENT OF 17. EXTENDED CANCELLATION CONDITION ACCIDENT, CLAIM, SUIT OR LOSS Paragraph 2. of the COMMON POLICY The requirement in LOSS CONDITIONS 2.a. - CONDITIONS - CANCELLATION - applies DUTIES IN THE EVENT OF ACCIDENT, except as follows: ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5 If we cancel for any reason other than c.Regardless of the number of autos damaged nonpayment of premium, we will mail or deliver in any one "loss", the most we will pay under to the first Named Insured written notice of this Hybrid Payment Coverage provision for cancellation at least 60 days before the effective any one "loss" is $10,000. date of cancellation. For the purposes of the coverage provision, 18. HYBRID PAYMENT COVERAGE a.A "non-hybrid" auto is defined as an auto that In the event of a total loss to a "non-hybrid" auto uses only an internal combustion engine to for which Comprehensive, Specified Causes of move the auto. Loss, or Collision coverages are provided under b.A "hybrid" auto is defined as an auto with an this Coverage Form, then such Physical internal combustion engine and one or more Damage Coverages are amended as follows: electric motors; and that uses the internal a.lf the auto is replaced with a "hybrid" auto, we combustion engine and one or more electric will pay an additional 10%, to a maximum of motors to move the auto, or the internal $2,500, of the "non-hybrid" auto's actual cash combustion engine to charge one or more value or replacement cost, whichever is less, electric motors, which move the auto. b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," ©2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 5 of 5 Client#: 396 MARKTHOMA DATE(MM/DD ACORD- CERTIFICATE OF LIABILITY INSURANCE 6/07/2013nY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 David C. Eckman INSURERS AFFORDING COVERAGE INSURED INSURERA XL Specialty Insurance Co. Mark Thomas&Company, Inc. INSURER B: 1960 Zanker Road INSURER C: San Jose, CA 95112 INSURER D: INSURER 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. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMM ERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE F-1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG $ POLICY PE LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ _ E.L.DISEASE -POLICY LIMIT $ A OTHER Professional DPR9709214 07/01/13 07/01/14 $1,000,000 per Claim Liability $1,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Ref: MTC's Job#Cu-13101. Bubb,Elm &Mclellan Road Storm Drainage Study. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION !;H OULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Cupertino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30 DAYSWRITTEN Attn: City Manager NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BUTFAILURE TODOSOSHALL 10300 Torre Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURERJTS AGENTS OR Cupertino, CA 95014 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ± - �. ACORD 25-S(7/97)1 of 1 #S633750/M633728 DAC 0 ACORD CORPORATION 1988