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15-099 Central Pacific Engineering, Inc. for consultant services for Site Electrical Evaluation for Cupertino City Hall / c, - Iso AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CENTRAL PACIFIC ENGINEERING,INC. FOR CONSULTANT SERVICES FOR SITE ELECTRICAL EVALUATION FOR CUPERTINO CITY HALL THIS AGREEMENT, for reference dated. 2015, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Pacific Engineering, a California corporation, whose address is P.O. Box 1727, Capitola, CA 95010 (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 September 1, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform item no. 1 &2 as set forth in Attachment"A" titled "General Provision of the Agreement for Professional Services" which is attached hereto and incorporated herein by this reference. All other provisions of Attachment "A", with the exception of Exhibit "A" to Attachment "A" are superseded by this agreement. Page 1 of 11 Consultant Agreement 3. SCHEDULE OF PERFORMANCE: Data recording and collection will occur through the month of June. Initial findings and observations of electrical load study will be briefly summarized and reported to the City no later than June 22, 2015 for upcoming City Council meeting. Complete report with recommendations shall be complete no later than July 31, 2015. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this. agreement shall not exceed Eleven Thousand Five Hundred Dollars ($11,500). The rate of payment is set out in Exhibit "A" to Attachment "A", titled "Year 2015-16 Standard Hourly Rates", 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 Page 2 of 11't Consultant Agreement 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. PROTECT 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 David Smith, PE. 11. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all Page 3 of,11 Consultant 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, whether, physical, emotional, consequential or otherwise, arising out, pertaining to, or related 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 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 Page 4 of 11 Consultant Agreement --- - --$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: F 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 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 PageS of 11 Consultant Agreement 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 nota 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. 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. l 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: Page 6 of 11 Consultant Agreement 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 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 Page 7 of 11 Consultant Agreement 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 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, Assistant Director of Public Works All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Central Pacific Engineering,Inc. P.O.-Box 1727 Capitola, CA 95010 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions Page 8 of 11 Consultant Agreement 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. 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. - Page 9 of 11 Consultant Agreement 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. 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. 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. 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. Page 10 of 11 Consultant Agreement ID P.O. NO.. 0 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation Central Pacific Engineering, Inc. C� B . Y `Pimm Borden, Director of Public Works Name David Smith, P.E. Date �- Title President Date 06-12-2015 Tax I.D. No.: 77-0392391 APPROVED AS TO FORM: Address: PO Box 1727 Capitota, CA 95010 Carol Korade, City Attorney ATTEST: Grace Schmidt, City Clerk •���� �•�� Contract Amount: $11,500 Account No. : Page 11 of 11 Consultant agreement central Pacific Engineering, Inc. Professional Electrical Engineering and Design 5/27/2015 CPE#15-015-0.P1 City of Cupertinof City Hall—Site Electrical Evaluation GENERAL PROVISION OF THE AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT for limited professional services dated, October 2,2013, has been entered into by: FIRM: CENTRAL PACIFIC ENGINEERING,INC. and CLIENT: City of Cupertino P.O. Box.1727 Attn: Mr. Roger Lee Capitola, CA 95010 10555 Marv.Ave Phone O: (831)476-1525 Cupertino, CA 95014-3255 Phone C: (831)'247-1545 Phone O: (408) 777-3350 E-Mail: Davide-cpeinc.com Phone O: (408)234-8494 Fax: (408)777-3399 E-Mail: rogerl(a-cupertino.o[g PROJECT NAME/LOCATION: City of Cupertino, City Hall—Site Electrical Evaluation. SCOPE/INTENT AND EXTENT OF SERVICE: I. Electrical Study: The primary objective of the Electrical Study will be to evaluate the existing generator capacity and the building demand load versus the estimated connected load. Electrical Distribution Study Overview A. Field investigate building distribution feeders. B. Provide data log recording on feeders to the following: Main Utility Feeder Elevator Panel BA Panel DP-EM(all load on generator) Panel F Panel C Panel A Panel G Panel E Panel IT Panel MCC Panel 131-132 (which includes B2/A&B2/A1) Panel D Chiller C. Compile field work data, chart recordings, one-line diagram into load study report. II. PROPOSED LIST OF DRAWINGS AND DELIVERABLES: A. Engineering Report 1. Compiled.field work data, chart recordings, non-verified panel schedules, one-line diagram, site findings, discussion, and recommendation/conclusion. 2. Prepare building area drawings showing panel coverage. 5/27/2O15 CPE#15-015-O.P1City of Cupertino, City Hall—Site Electrical Evaluation |U. CLIENT FURNISHED SERVICES: ' It is understood that the client agent will furnish the following- A- Right ofentry. B. Copies of all data, maps, drawings, and reports pertinent to the referenced site in client's agent)oVwneeapossession. C. Architectural backgrounds,AutoCAD compatible format. FEE ARRANGEMENT: A, The consulting services outlined in Section [ &U,"Scope of Services,"shalt,be perform ed for and notto exceed Eleven Thousand Five Hundred dollars($11'500,00), billed per attached rate"standard fee schedule"plus reimbursable expenses for blueprints, copies etc- billed on o consumed boakn above the proposed not to exceed ' fees. Distribution:Aporoximate Fee Initial Site Work_ ------------------------------S 1.300.00 Follow-up Chart Recording Site Work...................................... .......... --. $5,700.00 Panel Schedule&One-Line Drawing preparation.............................. ........ $2.000'OO Data Consolidation & Report Preparation..... .......................... _ ............._ Total Not To Exceed Fee ...........~...~...~.......~,......~....,.....~-.......$11,500J00 B. ,������n�������.�����'���� ' unforeseen circumstances arise; Any changes will be brought to your attention for action-. C. This proposal contains proprietary information and is considered oonfidenfla{to Central Pacific Engineering, Inc. It is submitted upon the expressed condition that the information contained herein will not be na|aooed to competitors or otherwise used directly or indirectly in a detrimentalway to the|nhonoat of Central Pacific Emg|neehn0, Inc. D All work shall be done in accordance with Central Pacific Engineering, Inc.Terms and Conditions m/hkzh are attached to this proposal. No other terms and conditions are acceptable unless agreed to by Central Pacific Engineering, Inc. in vvhdnQ. E. This proposal shall remain valid for 80 days from the dab*of issue. RETAINER AMOUNT: N/A. TERMS AND CONDITIONS OF OFFER: Per attached Exhibit^8^ LICENSEE FOR CENTRAL PACIFIC ENGINEERING, INC- IS LICENSED BY THE BOARD FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. OFFERED BY: ACCEPTED BY: Central Pacific Engineering, Inc. City of Cupertino (Tjx', Signature' ate Signature Date David. Smith, P.E. President PrintedNarne/Title. Printed Name/Title 5/27/2015 CPE#15-015-0.P1 City of Cupertino, City Hall—Site Electrical Evaluation EXHIBIT "A" CENTRAL PACIFIC ENGINEERING, INC. YEAR 2015-16 STANDARD HOURLY RATES OFFICE SERVICES RATE: 100-Principal Engineer/Deposition &Legal Work/Power Quality Forensic $350.00 1 10=Senior Principal Engineer 250.00 120-Principal Engineer 175.00 130-Senior Engineer 150.00 140-Project Manager 140.00 150-Staff Engineer 120.00 160-Energy Analyst 105.00 170-Senior Designer 100.00 171 -Designer 95.00 180-CAD Technician 80.00 190-Clerical 60.00 Notes: 1) Consultation meetings will be billed at the hourly rates indicated. Field services are billed portal-to- portal with a 2-hour minimum charge. Hourly rates shown are for ordinary'engineering services and include all payroll, office.overhead, taxes, supplies, insurance and local transportation. Invoices will be prepared at the completion of work or at monthly intervals and are payable upon presentation. Invoices 30 days past due will be assessed a service charge of 1.5%per month. 2) Minimum hourly billing segment is 0.25hr. DIRECT PROJECT EXPENSES: In office plotting and reproduction and other charges: Bond Prints @$1.40sgft.; Mylars @$4.25sgft.; 8- 1/2"x 11"copies @$0.25each; Mail sacks$3.00each; CD disk$10.00each; ELECTRONIC FILE PROCESS FEE at hourly rates,_$50min. PER REQUEST. Mileage billed at$0.485 per mile. Equipment Charge: Chart Recorder$300.00 per test location, Earth Ground Resistance Tester$250 per day, Megger$50 per day, Photometry Meter$50 per day. REIMBURSABLE PROJECT EXPENSES: Out of office plotting&reproduction, USPS postage, Federal Express and other express/overnight deliveries, sub-consultants, laboratory costs and otherexpenses,will be billed at cost plus 15%. Changes: This fee schedule is subject to change without notification.. 5/27/2015 CPE#15-015-0.P1 City of Cupertino, City Hall—Site Electrical Evaluation EXHIBIT "B" TERMS AND CONDITIONS Central Pacific Engineering, Inc. (CPE)shall perform the services outlined in this agreement for the stated fee arrangement. ACCESS TO SITE: Unless otherwise stated, CPE will have access to the site for activities necessary for the performance of the services. CPE will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. DISPUTE RESOLUTION: Any claims or disputes arising between CPE and the Client shall be submitted to non-binding mediation.. BILLING/PAYMENT: An Invoice for CPE's services shall be submitted monthly. Invoice shall be payable within 30 days after the Invoice date. LATE PAYMENT: 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 CPE, CPE 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 CPE. CERTIFICATIONS: Guarantees and Warranties: CPE shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence CPE cannot ascertain. LIMITATION OF LIABILITY: In recognition of the relative risks, rewards and benefits of the project to both CPE and the Client,the risks have been allocated such that the Client agrees that,to the fullest extent permitted by law, CPE's 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 CPE's total fees for this project. Such causes include, but are'not limited to, CPE's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. TERMINATION OF SERVICES: This agreement maybe terminated by the Client or CPE should the other fail to perform its obligations hereunder. In the event of termination,The client shall pay CPE for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. OWNERSHIP OF DOCUMENTS: All documents produced by CPE under his agreement shall remain the property of CPE and may not be used by the Client for any other endeavor without the written consent of CPE. DOCUMENT REQUESTS: Upon CPE's receipt of the following documents: (1)Final Mechanical Drawings; (2) Approved Light Fixture Selection; (3) Approved equipment locations,equipment electrical data, receptacle locations, and data outlet locations, CPE shall be given a minimum of five(5)business days prior to any additional requests for documents. 12829 Central Pacific Engineering, Inc. Certificate of Insurance (page 1 of 1) 06/25/2015 02:54:32 PM DATE(MM/DD/YYYY) . � CERTIFICATE OF LIABILITY INSURANCE� � 6/25/2015 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 CONTACT NAME: SelectSolutions Insurance Services,LLC A ONE t• 866-500-6359 a/c No):(855)804-8449 1350 Carlback Avenue E-MAIL ADDRESS: Walnut Creek,CA 94596 PRODUCER CUSTOMER ID INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Hanover Insurance Company 22292 Central Pacific Engineering,Inc. INSURER B: PO BOX 1727 INSURER C: Capitola,CA 95010- . 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. LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM DD/YYYY EFF MPEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO-- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'UABIUTY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability(Errors and Omissions) LHF A233715 00 2/27/2014 2/27/2016 $1,000,000/$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:City Hall Electrical Study. The Professional Liability Limits shown represent the Per Claim/Aggregate Limits of Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention:City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE � ta 1 ©1988-2009 ACORD CORPORATOON. All Fights reserved. ACORD 25(2009/09) The ACORN name and 8ogo are Iregisteved marks of ACORD Client#: 1041 CENTRPACI1 YYYY) 12015 MIDD/ ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6/25DATE(MM/DDI 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 CONTACT NAME: Dealey,Renton&Associates PHONE 510 465-3090- FAX 510 452-2193 A/C No Ext: A/C,No P.O.Box 12675 Attn: RBC E-MAIL ADDRESS: Oakland,CA 94604-2675 INSURER(S)AFFORDING COVERAGE NAIC# 510 465-3090 INSURER A:Travelers Indemnity Co.of Conn 25682 INSURED INSURER B:American Automobile Ins.Co. 21849 Central Pacific Engineering, Inc Travelers Property Casualty Co 25674 INSURER C: Y p Y P.O. Box 1727- INSURER D: Capitola,CA 95010 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 CONTRACTOR 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 EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY A GENERAL LIABILITY 680211OL533 06/01/2015 06101/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occur encs $1,000,000 CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $10,000 X Contractual PERSONAL&ADV INJURY $1,000,000 Liability Included GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY-FXPRO LOC $ JECT C AUTOMOBILE LIABILITY BA31091_114 06/01/2015 06/01/2016 COMBINED SINGLE LIMIT 1,000,000 Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WZP81021144 09/01/2014 09/01/201 X WC STATU- OTH- TORY LIMITS I IER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEYlN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN� 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 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) General Liability policy excludes claims,arising out of the performance of professional services. All operations of the named insured. CERTIFICATE HOLDER CANCELLATION Cit of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Roger Lee,City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre'Ave. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1371780/M1347707 NMB