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14-033 Jakes Associates for CAL Dosh Inspection of Blackberry Farm Pool SlideOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cur)ertino.org CUPERTINO March 24, 2014 fakes Associates 2021 The Alameda Suite 295 San Jose, CA 95126 Re: Agreement for consultant services Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777 -3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND JAKES ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR CAL DOSH INSPECTION OF BLACKBERRY FARM POOL SLIDE /;;y 6/3 HIS AGREEMENT, for reference dated February 25, 2014, is by an etween 2AAlameda, ITY OF CUPERTINO, a municipal corporation (hereinafter referred to as City "), and akes Associ ates a California corporation, whose address is 202,1 The Suite 295, 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 Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on Se_ ptember 1, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A ", dated February 25 2014 titled "City of Cupertino Waterslide Licensed Engineer Approval" 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 Five Thousand Dollars ($5,Q00). The rate of payment is set out in the Fee schedule, which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Page 2 of 12 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 leis /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 app=licant, 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. Chris Orr, Facilities Supervisor, 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 .;hall be J. David Mori, P.E. 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, Consultant shall, to the fullest extent allowed by law, with respect to all Page 3 of 12 Design Professional Agreement 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 there, 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. 12onsultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Page 4 of 12 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) (2) (3) (4) Workers' Compensation: Statutory coverage as required by the State of California. 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. Automotive: Comprehensive autoi:notive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $1.00,000 each occurrence or Combined Single Limit: $500,000 each occurrence Professional Liability: Page 5 of 12 Design Professional Agreement Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at lea"t $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as ;in agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Page 6 of 12 Design Professional Agreement Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement.. Control means fifty percent (50 %) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his /her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft:, work product, map, record and other document, hereinafter collectively referred to as "Report ", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not Page 7 of 12 Design Professional Agreement 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 ]'or which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies o1' 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. If supplemental examination or audit of the records is necessary due to Page 8 of 12 Design Professional Agreement 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 10555 Mary Ave. Cupertino CA 95014 Attention: Chris Orr All notices, demands, requests, or ,approvals from City to Consultant shall be addressed to Consultant at: Jakes Associates, Inc. 2021 The Alameda, Suite 295 San Jose, CA 95126 Attention: J. David Mori, P.E. 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 9 of 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 law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limn: or amplify the terms or provisions of this Agreement. Page 11 of 12 Design Professional Agreement P.O. No.: 6 �, IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Jakes ssociates, I c. By Name J. David Mori, P.E. Title President Date 2/27/2014 Tax I.D. No.: 77- 0258148 Address: 2021 The Alameda, Ste 295 San Jose, CA 95126 CITY OF CUPERTINO A Municipal Corporation B - I,imm Borden, Director of Public Works Date -3/(,// `I APPROVED AS TO FORM: i Carol Korade, City Attorney ATTEST: Grace Schmidt, City Clerk 3-2-Y— l Y Contract Amount: $5,000 Account No. 70/ e% Page 12 of 12 Design Professional Agreement A f �L17 February 25, 2014 Mr. Chris Orr Facilities Manager City of Cupertino Tel.: (408) 777 -3272 Subject: City of Cupertino Waters lide Licensed Engineer Approval Dear Chris: JAI is pleased to submit this proposal for' third party professional engineering approval services for your waterslide amusement. Inclusive within this scope are those activities as required by the California Department of Occupational Safety and Health (DOSH) for initial operating permit purposes. David Mori (JAI, California P.E.) will' lead the audit activities. He will take responsible charge for requisite QA activities: and be supported by qualified support: staff. We are fully certified by the State of California to conduct these types of activities.. We are committed to the highest level of professional, quality in the industry. JAI has. in- depth technical experience in all aspects of amusement systems similar to those of your waterslide. We are also fully qualified to provide your future, annual engineering approval and QSI certifications as required by Cal DOSEL Scope of Work: JAI understands that these types of amusements are to be audited. in accordance with the manufacturer 's design, manufacturing, testing, operation and maintenance requirements (as defined by ASTM specifications). This scope of work includes a visual structural and operational audit of the waterslide amusement only. Our proposed scope of service is' based upon a site visit, existing documentation review, and conversations with O &M personnel. Cost: Our professional fees for this audit'will be billed on a loaded hourly basis of $17.60 per hour (including expenses) and we do have a sir (6) hour minimum as a matter of corporate policy. The above scope of work may not cover all necessary activities that will be identified. during the course of our work, Additional work will' be. negotiated under a separate cover: 2021 The Alameda, Suite 295. San Jose, California. 9512.6 -1147 • Tel: (408) 249 -7200 Fax: (408) 249 -7296 E -Mail: jakes @jakesassociates.com • Wobsite: www,jakesassociates.com Dispute Resolution: Any claims or disputes between the Client and Jakes Associates, Inc, shall be submitted to non- binding mediation. Client and Jakes Associates, Inc., agree to include a similar mediation agreement with all contractors, subcontractors, and subconsultants thereby providing for mediation as the primary method. for dispute resolution between all parties. Billings /Payments: Invoices shall be payable within 30 days alter the invoice date. If the invoice is not paid within 30 days, Jakes Associates, Inc. may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the Einafl invoice. Late Payments:. Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including,reasonable: attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Jakes Associates, Inc., his or her officers, directors, employees; agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, . liabilities or costs attributable to the sole: negligence or willful misconduct of Jakes Associates,. Inc. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Jakes Associates,; Inc., the risks have been allocated such that the Client agrees that, to the ,fullest extent permitted by law, Jak,�-s Associates' total liability to the Client for any and all injuries; claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the contract amount. Such causes include,, but are not limited to, Jakes Associates'' negligence,. errors, omissions, strict liability; breach of contract. 2 City of Cupertino 2014 Professional Engineering Proposal We will devote our best professional efforts to this assignment. All findings, conclusions and recommendations will represent our best judgment based on the information available to us. Please contact me at 408 2,49 -7200 if you have any questions. If this proposal meets your acceptance, please sign it and return a copy to us. V truly yours, .- 74U� J. David Mori, P.E. President, Response: This letter proposal correctly sets forth the understanding of the City of Cupertino. Officer's Signature Name Title Date City of Cupertino 2014 Professional Engineering Proposal ACORD,. CERTIFICATE OF LIABILITY INSURANCE 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, IN R LTR 3 /06 /2014�YYY) PRODUCER POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton Br. Associates LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 GENERAL LIABILITY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Oakland, CA 94604 -2675 09/01/14 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. — s2,000,000 510 465 -3090 X COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURED Jakes Associates, Inc. DAMAGE TO RENTED INSURER A. Hartford Casualty Insurance Co. 29424 2021 The Alameda, Suite 295 INSURER B: Twin City Fire Ins. Co. 29459 San Jose, GA 95126 INSURER c: Hudson Insurance Company — MED EXP (Any one person) $10,000 INSURER D: CLAIMS MADE 51 OCCUR INSURER E: L.V V CIV4UCJ 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 D000M ENT 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, IN R LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS A GENERAL LIABILITY 57SBWAV0994 091/01/13 09/01/14 EACH OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 OOO MED EXP (Any one person) $10,000 CLAIMS MADE 51 OCCUR PERSONAL & ADV INJURY s2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s4,000,000 X POLICY PRO- JECT LOC A AUTOMOBILE LIABILITY 57SBWAV0994 09101113 09/01/14 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $2,000,000 ALL OWNEDAUTOS DILY INJURY $ SCHEDULED AUTOS er person) HIRED AUTOS X [PROPERTY DILY INJURY $ X NON -OWNED AUTOS er accident) DAMAGE $ (Per" accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT '$ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE DEDUCTIBLE $ RETENTION $ _ B WORKERS COMPENSATION AND 57WBGEX8819 091'01/13 09/01/14 X I WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under E:L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL. PROVISIONS below _ C OTHER Professional AEE6100309 10/09/13 10/09/14 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. The City of Cupertino, its City Council, boards and commissions, officers, empoloyees and volunteers are named as additional insureds as respects general and auto liability for claims arising from the operations of the named insured, per policy form wording. Insurance is primary and non - contributory. ..,RNL rLLA.I 1UN -lu pays Tor Non -ra ment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL R jaRQQ[MAIL 'An DAYS WRITTEN Attn: Chris Orr NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ftXR/R J( 1055 Mary Avenue ] I�E7Q13R1�R701Q1016RR4[ pI7pR7GePJCKJQ7( X�Axt7 CXX1NlQX-0 PJQRRC (4tINJiDl0iR7N�RCCOl9fX�(xX Cupertino, CA 95014 FlRati�ROCOrRxIRgx AUT ORIZED REPRESENTATIVE M%.Vrcu ca tcuu uuol 1 Ot 1 #5910217/M747377 JXL ©. ACORD CORPORATION 1988 Insured: Jakes Associates, Inc. Insurer: Hartford Casualty Insurance Co. Policy Number; 57sawAV0994 Policy Effective Date: 09/01/13 Name of additional insureds, cont'd: The City of Cupertino, its City Council, boards and commissions, Additional Insured: officers, empoloyees and volunteers EXCERPTS FROM: Hartford Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM C. WHO ISAN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an .additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products- completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured;.and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the products- completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance ;applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.16.(7).(b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liable for the conduct of an "insured ", but only to the extent of that liability. Insured: Policy Number: Jakes Associates, Inc. 57WBGEX8819 Effective Date: 09/01/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization namod in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that: requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Cupertino Attn: Chris Orr 1055 Mary Avenue Cupertino, CA 95014 SCHEDULE Job Description Name of person or organization cont'd: The City of Cupertino, its City Council, boards and commissions, officers, empoloyees and volunteers Countersigned by _ Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: