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15-054 Valbridge Property Advisors/Hulberg and Associates, Inc. for Appraisal services for potential property acquisition along Lawrence Expressway AGREEMENT BETWEEN THE CITY OF CUPERTINO AND VALBRIDGE PROPERTY ADVISORS/HULBERG AND ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR APPRAISAL SERVICES FOR POTENTIAL PROPERTY ACQUISTION ALONG LAWRENCE EXPRESSWAY THIS AGREEMENT, for reference dated May 1, 2015, is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and Valbridge Property Advisors/Hulberg and Associates, a Florida corporation,whose address is 1 North Market Street, San Jose, CA 95113 (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 appraisal 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 March 31, 2016,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 City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 1 of 16 reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Eight Thousand Seven Hundred Fifty Dollars ($8,750.00). The rate of payment is set out in Exhibit C, 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 City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 2 of 16 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. 8. IMMIGRATION REFORM AND CONTROL ACT (IBCA): 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 Recreation and Community Services shall be representative of City for all purposes under this Agreement. Gail Seeds is hereby designated as the Director of Recreation and Community Services' 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 Yvonne Broszus. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 3 of 16 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 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 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 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 performance of this Agreement by 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. 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 City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 4 of 16 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) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate- all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 5 of 16 B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council,boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2,Division 6, Section 18700 of the California Code of Regulations. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 6 of 16 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 copyright any Report required by this Agreement and shall execute appropriate documents to City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 7 of 16 assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project;and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original,which shall be single sided. E. No Report,information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain 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 therefrom 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 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 City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 8 of 16 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: Carol Atwood, Director of Recreation and Community Services All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Valbridge Property Advisors/Hulberg&Associates One North Market Street San Jose, CA 95113 Attn.: Yvonne Broszus,Director 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. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 9 of 16 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. 25. 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. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 10 of 16 26. 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. 27. INSERTER 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. 28. 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. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 11 of 16 �/ P.O. No.: p2015- ` 5 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO Valbridge Property Advisors/ A Municipal Corporation Hulberg&Associates By: n / By: Name: v 1 - . Broszus Carol A. Atwood, Director of Director Recreation and Community Services Date: `� Date: Jam- ✓'/ Tax I.D. No.: -7�" ©� 0 APPROVED AS TO FORM: Address: One North Market St. San Jose, CA 95113 Carol Korade, City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: $8,750.00 S\ Account No. : 100-60-634-700-702 City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 12 of 16 EXHIBIT A SCOPE OF SERVICES The purpose of this appraisal assignment is to develop an opinion of the market value of the properties for a possible acquisition or-property exchange. The scope of work will include the preparation of two narrative appraisal reports, one for each property.The legal property rights appraised will be fee simple interest. The property will be valued as of the date of inspection. Work shall meet applicable standards of the Uniform Standards of Professional Appraisal Practice. Consultant shall identify the problem to be solved; determine and perform the scope of work necessary to develop credible results;and disclose the scope of work and methodology in the report. Consultant shall collect and analyze information about the subject property,the real estate market and competitive sales or leases or other factors and potential uses as applicable and as necessary to properly develop the appraisal:This effort includes gathering adequate information about the subject properties. Property-#1 is known as Santa Clara County Assessor's Parcel Number 375-21-001,nominal 7.10 acres,located along the west side of Lawrence Expressway at Mitty Avenue. Property #1 is owned by the County of Santa Clara ("County") and is used to support the County's maintenance and operations activities. There is currently a vehicular access to the site from Lawrence Expressway which is used by County staff. It is not known whether such vehicular access would continue to be authorized for a future owner or future use of the site; County expressways are primarily limited access facilities. For purposes of this appraisal, Consultant will evaluate the value of Property#1 using two different assumptions. One assumption is that vehicular access from Lawrence Expressway will continue to be permitted. The alternative assumption is that vehicular access from Lawrence will no longer be permitted. Two different values will be developed to reflect the two different assumptions. Property#2 is known as Santa Clara County Assessors' Parcel Number 381-19-015, the northeast corner of Lawrence Expressway at Doyle Road,nominal 1.02 acres. Consultant will provide an electronic file (PDF) of the draft appraisal reports. City may provide comments. If comments are provided, Consultant will implement revisions as appropriate, and submit a final version of each report within 10 days of receipt of City comments. Upon request, Consultant will furnish two bound copies of each final report. Distribution of this report is at the sole discretion of the City,but third parties not listed as an intended user on the face of the appraisal, or that are not the owner of the property,may not rely upon the contents of the appraisal. City shall not give a third party a partial copy of the appraisal report. Consultant will make no distribution of the report without the specific direction of the City. City of Cupertino.and Hulberg&Assoc. Consultant Services Agreement Page 13 of 16 City is not the owner of the properties and City possesses little record information regarding the properties. A 1999 San Tomas Aquino/Saratoga Creek Trail Master Plan was prepared and City will make it available upon request. City has requested title report information for the properties and will provide such information to Consultant when available. Property owners are aware of this appraisal activity and have represented to City that they will make access to the sites available for appraisal and evaluation purposes. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 14 of 16 EXHIBIT B SCHEDULE OF PERFORMANCE The following work shall be completed by 4 weeks from execution of agreement and authorization to proceed from City. Task 1. Provide administrative draft appraisal report for Parcel 375-21-001,Lawrence Expressway at Mitty Avenue. Provide final appraisal report within 10 days of. receiving City comments, if any, on the draft report. The following work shall be completed by 4 weeks from execution of agreement and authorization to proceed from City. Task 2. Provide administrative draft appraisal report for Parcel 381-19-015,Lawrence Expressway at Doyle Road. Provide final appraisal report within 10 days of receiving City comments, if any, on the draft report. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 15 of 16 EXHIBIT C COMPENSATION Basic Services Task 1 For Task 1, Consultant shall be paid a fee not to exceed $4,750.00 Task 2 For Task 2, Consultant shall be paid a fee not to exceed $3,500.00 Reimbursable Expenses Customary reimbursable expenses such as plotting,printing, reproduction, shipping, postage, and vehicle mileage,may be reimbursed at cost plus 10%. Documentation of incurred expenses shall be provided to City. Additional Services An allowance is provided for potential Additional Services, to be expended only upon advance written authorization from City, for work that is outside the scope of Basic Services. ADDITIONAL SERVICES and REIMBURSABLE EXPENSES ALLOWANCE: NTE$500.00 Total Fee, Not To Exceed $8,750.00 City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 16 of 16 HULBE-1 OP ID: TC DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 05!1412015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS-UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE.AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAMEACT House Account Archway-Clayton Ins Agency Inc PHONE 408-441-2000 PAx OD63171 we No Ext): (A/c,Ne):40$-441-1982 1731 Technology Dr.,Ste.,250 EMAIL ADDRESS: San Jose,CA 95110 House Account INSURERS AFFORDING COVERAGE NAIC ft INSURER A:Travelers Indemnity Co of Conn 25682 INSURED Hulberg&Associates INSURER B:Republic Indemnity Co of Am 03012 One North Market Street INSURER C:Lloyds Of London San Jose, CA 95113 INSURER D: INSURERS: 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 ADD ISUBR! POLICY EFF POLICY EXP Y LTR TYPE OF INSURANCE SD I POLICY NUMBER MM/DD/YYYY MMI.,C.AI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE P�IOCCUR X 680985W04451542 01/03/2015 01/03/2016 PREMGE TO ISES EaoccurrDence $ 300,000 MED EXP(Any one person) $ 5,000 ' PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 jE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY a OTHER; Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 I Ea accldenl r e I A ANY AUTO 680985WO4451542 01/03/2015 01/03/2016 BODILY INJURY(Per person) $ ALL OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ i X HIRED AUTOS X AUTOS Peraccidenl I $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,00 A )( EXCESS LAB CLAIMS-MADE CUP985WO4701542 01/03/2015 01/03/2016 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 0 PER $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE R H YIN B ANY PROPRIETOR/PARTNER/EXECUTIVE 17946606 02/02/2015 02/02/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liab MPL1193215 15 01/25/2015 01/25/2016 $5000 Ded 3,000,000 I I- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addltlonal Remarks Sohodulo,may bo attachod If more space Is required) RE: All California operations City of Cupertino, its City Council, boards and commissions,officers, employees and volunteers are included as additional insured per form attached. i CERTIFICATE HOLDER CANCELLATION CUPER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Carol Atwood, Director of Recreation &Community Srvs AUTHORIZED REPRESENTATIVE j. 10300 Torre Avenue Cupertino,CA 95014 —� I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Policy #680-985W04451542 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURE® (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- . i age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization, d) The insurance provided to the additional in- 2. The insurance provided to the additional insured sured does not apply to "bodily injury" or by this endorsement is limited as follows: "property damage" that occurs, or "personal a) In the event that the Limits of Insurance of injury" arising out of an offense committed, this Coverage Part shown in the Declarations while any separate liability insurance that you exceed the limits of liability required by the have procured for that.person or organization "written contract requiring insurance", the in- is in effect, regardless of whether the scope surance provided to the additional insured or limits of insurance in this Coverage Part shall be limited to the limits of liability re- exceed those of that separate liability insur- quired by that "written contract requiring 'in- ance or whether that separate liability insur- surance". This endorsement shall not in- ance is valid and collectible, crease the limits of insurance described in 3. The insurance provided to the additional insured Section III — Limits Of Insurance. by this endorsement is excess over any valid and b) The insurance provided to the additional in- collectible "other insurance", whether primary, sured does not apply to "bodily injury", "prop- excess, contingent or on any other basis, that is erty damage" or "personal injury" arising out available to the additional insured for a loss we of the rendering of, or failure to render, any cover under this endorsement. However, if the professional architectural, engineering or sur- "written contract requiring insurance" specifically veying services, including: requires that this insurance apply on a primary I. The preparing, approving, or failing to basis or a primary and non-contributory basis, this insurance is primary to other insurance prepare or approve, maps, shop draw- available to the additional insured which covers Ings, opinions, reports, surveys, field or- that person or organization as a named insured ders or change orders, or the preparing, for such loss, and we will not share with that approving, or failing to prepare or ap- "other insurance". But the insurance provided to prove, drawings and specifications; and the additional insured by this endorsement still is ii. Supervisory, inspection, architectural or excess over any valid and collectible "other in- engineering activities, surance", whether primary, excess, contingent or on any other basis, that is available to the addi- CG D2 51 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY tional insured when that person or organization is c) The additional insured must immediately an additional insured under such "other insur- send us copies of all legal papers received in ance", connection with the claim or "suit", cooperate 4. As a condition of coverage provided to the with us in the investigation or settlement of additional insured by this endorsement: the claim or defense against the "suit", and otherwise comply with all policy conditions. a) The additional insured must give us written notice as soon as practicable of an "occur- d) The additional insured must tender the de- rence" or an offense which may result in a fense and indemnity of any claim or "suit" to claim. To the extent possible, such notice any provider of"other insurance"which would should include: cover the additional insured for a loss we cover under this endorsement. L How, when and where the "occurrence" or offense took place; 5. The following definition is added to SECTION V. —DEFINITIONS: ii. The names and addresses of any injured persons and witnesses; and "Written contract requiring insurance" means that part of any written contract or agreement iii. The nature and location of any injury or under which you are required to include a damage arising out of the "occurrence" or person or organization as an additional in- offense, sured on this Coverage Part, provided that b) If a claim is made or "suit" is brought against the "bodily injury" and "property damage" oc- the additional insured, the additional insured curs and the "personal injury" is caused by an must: offense committed: i. Immediately record the specifics of the a. After the signing and execution of the claim or"suit" and the date received; and contract or agreement by you; U. Notify us as soon as practicable. b. While that part of the contract or The additional insured must see to it that we agreement is in effect; and receive written notice of the claim or"suit" as c. Before the end of the policy period. soon as practicable. i i . i i i Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 51 08 05 Y City is not the owner of the properties and City possesses little record information regarding the properties. A 1999 San Tomas Aquino/Saratoga Creek Trail Master Plan was prepared and City will make it available upon request. City has requested title report information for the properties and will provide such information to Consultant when available. Property owners are aware of this appraisal activity and have represented to City that they will make access to the sites available for appraisal and evaluation purposes. City of Cupertino and Hulberg&Assoc. Consultant Services Agreement Page 14 of 16