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16-053 HMH Engineers, Consultant Services for McClellan Rd Sidewalk ConstructionAGREEMENT BETWEEN THE CITY OF CUPERTINO AND HMH ENGINEERS, INC. FOR CONSULTANT SERVICES FOR McCLELLAN ROAD SIDEWALK CONSTRUCTION . THIS AGREEMENT, for reference dated ·~I 1J.!>. 2016, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafte;clerred to as "City"), and HMH Engineers, a California corporation, whose address is 1570 Oakland Road, San Jose, CA 95131 (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 Consultant Services for McClellan Road Sidewalk Construction 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 June 30, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" entitled "Scope of Services" which is attached hereto and incorporated herein by this reference . 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance", which is attached here to and incorporated herein by this reference . City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction Page 1of10 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Forty Four Thousand Nine Hundred Dollars ($44,900 .00). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorpora ted 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 ~s'-a m~µm 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 the y 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 b y 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 res ponsi bility of Consultant. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/he r 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. City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction Page 2of10 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Erwin Ching 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 Jon Cacciotti. 11. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. 1. 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 or active negligence or willful misconduct of City, its agents or employees. 2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations, but shall pay or reimburse the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors . However, the Consultant shall provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction Page 3of10 Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation . Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual property . In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage in compliance with paragraph 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 before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, 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 authorized to do insurance business in the State of California. Endorsements naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: City of Cupertino HMH Agreement (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: Property Damage: $500,000 each occurrence $1,000,000 aggregate -all other $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: Commercial automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence Page 4of10 For McClellan Road Sidewalk Construction or Combined Single Limit: $500,000 each accident (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 per claim and in the aggregate. 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 commercial 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 commercial 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 comm1ss10ns, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any worker's compensation and professional liability insurance, required by this Agreement. 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 b y 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. 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 assigriment shall be promptly furnished to City by Consultant. City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction Page 5of10 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 lic enses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. OWNERSHIP OF WORK: A. Any interest (including copyright interests) of Consultant and its subconsultants in each and every study, document, report, draft, memoranda, work product, map, record, plan, drawing, specification and other deliverable, in any medium prepared or created by Consultant or its subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City. To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City. In the event that it is ever determined that any works prepared or created by Consultant or any subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to City all copyrights to such works when and as created. With Owner's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Project. B. Without limiting any other City right to any of the works prepared or created by Consultant or its subconsultants, all works 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. Any City reuse of works shall be subject to California Business and Professions Code Sections 5536.25, 6735, 6735.3 or 6735.4, if and to the extent applicable . Any City reuse of works for any purpose other than those in B(l) through B(3) above, and any modifications to any of the works, shall be at City's sole risk and expense. D. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction Page 6 oflO E. All written work required to be provided by this Agreement (other than large-scale architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides of the paper except for one original, which shall be single sided. F. No work, information or other data given to or prepared created or assembled by Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any individual or organization by Consultant or any subconsultant without prior approval by City. G. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word and PDF formats. 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 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: Erwin Ching All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: HMH Engineers, Inc. 1570 Oakland Road, San Jose, CA 95131 Attention: Jon Cacciotti City of Cupertino HMH Agreement For McCle llan Road Sidewalk Construction Page 7of10 20. TERMINATION: In the event Consultant fails or refus es 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 hav e 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. A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work p erformed b y employees o f co ntr a ctors in excess o f 8 h o u rs per d ay, and 4 0 h ours during any one wee k, mus t be co mpens ated as ov er time, a t n o t less than 1 V2 ti mes the b asic ra te of p ay . C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, stra ig ht time a nd overti me h ours work ed each d ay and week, and the actual p er die m wages p a id to each jo u rneyman, a p pren ti ce, worker, or o the r employee e mployed by him or h er in connec ti on w ith this Agreem ent. The P ayro ll Rec or d s sh a ll b e m a d e ava il a bl e for in specti on as p rovided in Cali fo rnia La b or Code Sec ti on 1776. D. APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 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: City of Cupertino HMH Agreement For McCl ellan Road Sid e walk Cons truction Page 8of10 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 executi~n 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. City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction Page 9 oflO P.O. No.: 2-0 £(o .-5 1.fJ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Title V, p, Date 41~/fb Tax I.D. No.:q4 ... '-3z.M~7 Address: /570 tJ4kJ~/Zd- c;Allf.~f/'Se-CAr q~f~/ City of Cupertino HMH Agreement For McClellan Road Sidewalk Construction CITY OF CUPERTINO A Municipal Corporation Date gr b• /£ APPROVED AS TO FORM: Randolph Hom, City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: $44,900.00 Account No. : 270-90-976-900-905 -ST 009-02-02 Page 10of10 Exhibit A City of Cupertino McClellan Road Sidewalk Construction Scope of Services Task #1 -Project Management and Coordination HMHwill: 1.1 Coordinate with the CITY, utility companies and other stakeholders throughout the duration of the project. 1.2 Manage its team and overall project activities consistent with the direction from the CITY in order to meet the project schedule and budget. 1.3 Provide a schedule of performance for design to be incorporated into the design agreement. 1.4 Prepare for, and attend project meetings with the CITY to discuss project progress, decisions and direction, and to coordinate activities, as required. The meetings will include: • Kick-off Meeting (on site) • Status Meetings with CITY to review project progress as needed. 1.5 Be available to CITY for consultation by phone, or email to discuss project activities and schedules, as required through all phases of the project. 1.6 Conduct QC reviews in accordance with our QA Program guidelines. HMH will provide a copy of our QA Program guidelines and will provide a QC report at the end of each task. 1.7 Deliverables: 1. Progress Schedule in MS Project format (one electronic file). 2. QA Program guidelines and QC reports for each task (one electronic file). 3. · Meeting agendas, and meeting minutes. · 4. Monthly Invoices including: • Invoice number • Complete title of project • Period of work performed • Listed tasks per the Contract/Agreement • Percentage complete of each task to date • Balance of account from previous invoices 1570 Oakland Road I San Jose, California 95131 I (408) 487-2200 I (408) 487-2222 Fax I wvvw.HMHca.corn Page 2 of 5 Task #2 -Data Collection and Site Investigation HMHwill: 2.1 Receive Record Drawings and other related documents from CITY and review as-built documents and any other project information available for the Project site. 2.2 Coordinate with the utility companies to obtain record information for the location and type of existing utilities. HMH will request information for all potentially existing utilities directly from utility companies. 2.3 Visit the site to view, inspect, and document site conditions and existing facilities. 2.4 Keep pre-construction topographic, photographic and video documentation of project areas, and vicinity where relevant. Copies of each shall be provided to CITY in appropriate electronic formats . 2.5 Meet with CITY to obtain additional information and input as needed. 2.6 Obtain topographic information via detailed field survey along Byrne Ave and McClellan Road through the limits shown in Attachment A to the projection of existing back of walk. Topographic survey will collect features including, but not limited to: 1. Location, rim and invert elevations, pipe size and direction of flow of accessible storm drain manholes, storm drain inlets, and sanitary sewer manholes. 2. Roadway elevations including grades and slopes at proposed widening, conform locations and adjacent to drainage areas of concern. 3. Location of all utility surface features including sanitary sewer clean outs, water and gas valves, utility poles, vaults, pull boxes, cabinets and guy wires. 4. Location of street trees (including diameter), street lights, signs (include type), fire hydrants, and other roadway items. 5. Location of visible street monuments, benchmarks, fences, walls, mailboxes, and significant landscape features. 6. Topographic survey will extend approximately three (3) feet beyond limit of work, as defined above, as necessary for pavement or grading conforms. 7. Location of edge of pavement in areas with no curb/gutter/sidewalk. Area to be surveyed to include, at a minimum, intersecting streets up to the end of returns . Additional area to be included if pavement conform is anticipated to extend beyond returns. 2.7 Compile and plot data, including utility information, from record drawings, record right of way, and topographic survey into base sheets in HMH format for use in design and construction documents. 2.8 Perform field surveys for boundary control. Locate existing survey monuments and compute the street right-of-way line based on field location of boundary evidence, record maps and preliminary title report supplied by client. Page 3 of 5 Prepare a plat and legal description for the proposed street dedication . Coordinate with the title company and the City to assist in obtaining recordation. 2.9 Deliverables: 1. Preconstruction Photographic Documentation 2. Plat and Legal Description Task #3 -Construction Documents HMHwill: 3.1 Prepare and submit, for CITY review, Draft Design Submittal. The submittal will consist of preliminary plans on 22"x34" full-size at a scale of 1 "=20 ' and 11 "x17" half-size scalable drawings. Draft Design Submittal will be delivered electronically via PDF format. Draft Design Submittal may include, but is not limited to: 1. Construction Drawings a. Title Sheet b. Notes, Legend and Abbreviations c. Layout Drawings (20-scale), including preliminary horizontal and vertical design information d. Construction Details , Typical Sections and CITY Standard Plans e. CITY Suppl ied BMP Sheet 2 . Draft Engineer's Estimate of Probable Construction Cost, submitted in MS Excel. CITY will return comments in one (1) week or five (5) working days. 3.2 Receive, review and respond to CITY comments. Meet with CITY to discuss and resolve review comments, if necessary. 3.3 Prepare and submit, for CITY review, Pre-Final Design Submittal. The submittal will consist of plans on 22 "x34 " full-size at a scale of 1 "=20' and 11"x17" half-size scalable drawings. Pre-Final Design Submittal will be delivered electronically via PDF format. Pre- Final Design Submittal may include, but is not limited to: 1. Construction Drawings a. Title Sheet b . Notes, Legend and Abbreviations c . Layout Drawings (Improvement Plans) (20-scale), including horizontal and vertical design information and demolition items d. Construction Details and CITY Standard Plans e. Drainage Plan to be incorporated into Improvement Plans f. CITY Supplied BMP Sheet 2 . Pre-Final Engineer 's Estimate of Probable Construction Cost, submitted in MS Excel . 3. Engineer's estimate of duration of construction. Page 4 of 5 4. Modified copy of Technical Specifications prepared under the Agreement Between the City of Cupertino and HMH Engineers , Inc. For Consultant Services for Pasadena Avenue Public Improvements dated March 7th, 2016. Modifications will include: a. Location specific references. CITY will return comments in one (1) week or five (5) working days. 3.4 Receive, review and respond to CITY comments. Meet with CITY to discuss and resolve review comments, if necessary. 3.5 Prepare and submit, for CITY review, Final Design Submittal based on comments received on the Pre-Final Submittal. The submittal will consist of plans on 22"x34" full-size at a scale of 1 "=20' and 11 "x1 T half-size scalable drawings. Final Design Submittal will include two (2) full size stamped and signed set of plans as well as PDF and AutoCAD format electronic copies. Final Design Submittal may include, but is not limited to: 1. Construction Drawings a. Title Sheet b. Notes , Legend and Abbreviations c. Layout Drawings (Improvement Plans) (20-scale), including horizontal and vertical design information and demolition items d . Construction Details, Typical Sections and CITY Standard Plans e. Drainage Plan incorporated into Improvement Plans f. City Supplied BMP Sheet 2. Modified Copy of Technical Specifications as defined in Task 3.1 . 3.6 Deliverables: 1. Draft Design Submittal in electronic format, as defined above. 2. Response to CITY Draft Submittal comments. 3. Pre-Final Design Submittal in electronic format, as defined above. 4. Response to CITY Pre-Final Submittal comments. 5. Final Design Submittal in hard copy and electronic format , as defined above. Task #4 -Bid Period and Construction Support Services HMHwill: 4.1 Respond to bidder's question by assisting CITY with preparation of Addendum. (1 budgeted) 4.2 Review shop drawings and material submittals. (2 budgeted) 4.3 Attend Construction Kickoff Meeting. (1 budgeted) 4.4 Respond to RFl(s). (2 budgeted) Page 5 of 5 4.5 Deliverables 1. Responses to bidder questions and RFls. 2. Written responses to submittals reviewed. Task #5 -Record Drawings HMHwill : 5.1 Prepare Record Drawings from CITY provided Contractor as-built mark up. 5.2 Provide one ( 1) 22" x 34" hard copy as well as PDF and Auto CAD format electronic copies of the final record drawings 5.3 Deliverables 1. Record Drawings consisting of one (1) 22" x 36" hard copy plan set supplemented by electronic PDF copies. Exclusions The items below are explicitly excluded from the Scope of Services under this agreement: • Electrical design pertaining to new or existing streetlights and or signals affected by the project. • Arborist Report documenting species and health of trees within the project limits. ID !Task Name 1 INotice to Proceed o days Task 1 -Ongo in g Pro j ect M anaga ment, M eetin gs 86 da ys I land Coo rdin ation I I ............. ·1 Tas k 2 -Dat a Co l lec tio n and S it ~ Inves ti ga ti o n s d ays -4-ITask 3 -Co nst r uct io n Doc um ents 20 days 5 !Draft Des ign Submitta l 10 days 6 ICity Review o f Dr aft Des ign Submitta l 5 days 7 IPr e-Fi na l Design Subm i t t al 10 days 8 !Ci ty Review of Pre -Fin al Desig n Su bmitt al 5 day s --.. ·9····--1Fin al Desig n Su bmitta l 10 days -,1 T0<k < -md Pec;od .od Co0><co ctioo So pport <O d oy' 5 days Exhi b it B PROJECT SCH EDULE McC lell an Road Sidewa lk Con st ruc ti on Sta rt I Fin ish P r edece ~.Jl\pn l 20 1 6 • , , .!ryiay2 016 \Ju ne2 01~. JJul y2016--_1 1 A ugu s~2 0 16 ]Se __________ §~ *,] g J1 ~1 sl1 s,d24!f7'.B!:\ 3 l G l2h2~~~-sk.1Ji~[2i~g 212 [!l.]1_1)1_411f12q2Jg §l2~ 2 I s]~ lt~i.1[i}_g_g2_3[:?.6'.2~UJ :iJ 7J1_9,1 ~tcld:t2k:1fa.~3-~1 111FF I 1 1 i l~::swF< .;<];;,, ... 1(·M-n .. ---·-,;,-ww'"i-"Ca&" w "";'"wFi"'±·1tn~--.,,-+r,iE:?frr-MI ' I Fri 4/22/16 Fri 4/22/16 Fri 4/22/16 Fr i 8/19/1 6 ' I I Th u 4/7 /16 We d 4/13/16 I ,!~ Fr i 5/20/16 Thu 6/16/16 9F F I I I ' Fri 4/22/16 Thu 5/5/16 1 I Fri 5/6/16 Thu 5/12/16 5 I Fr i 5/13/16 Thu 5/26/16 6 I , ! Fri"5/27 /16 Thu 6/2/16 7 ! i Fri 6/3/16 Thu 6/16/16 8 ! l Fr i 6/17/16 Thu 8/11/16 9 i I l I 5::-·.~--=-·~;:.."'t:w:•~r.::;:::i-::'.-:;::i~ ,~ ~-..,, ~ ~ I 11 !Task 5 - Reco rd Dr awings 1······································································································· ····--·· ··················-······-····· Fri 8/12/1 6 Thu 8/18/16 10 I I ----------.... J ·-······-······-···--··--·· ..................... ---·-··-·-··-·-···-··-···-·-·· .. ·-···············-··-····-·-···-· ........ _ ................. ·-···--·····----··------····-·---·-·~-······--·---··-··--·-··! Tas k c~-;··-:""'w~.w3 Ex t ern al Tas ks Sp lit ''''''''''''''''" Ex t ern al Mil esto ne M iles t one • In ac ti ve Task Summ ary .... ___ .,, Inac ti ve Mi lesto ne Pr oj ec t Summary o;;=--'"""T"-1,;> Inactive Summ ary ~;; ......... ; .. ;;ri Manu al Ta sk c:~·'.~· ....... ~.,'.'.'. ···•••'':'."'" .. , ... , ~ Dur at ion-onl y f :::::::.::::.:·:::::::.·:::::::.:::::::::::::! Manu al Summa ry Roll up ,.....,..,.._..,. ...... "' Manu al Sum ma ry !ij====-=;;~ o===='-'0v St art -o nl y [ Fin ish-onl y Dead line Prog ress ] -"- Exhibit C HOURLY FEE SCHEDULE McClellan Road Sidewalk Construction ~ 15 Q) -;:::-0.. Ill ·-c 'C Q) 0.. e;~ ~ :::::: ·a, ro ~ ::;, Q) <:::-.Q c (/) >. Q) c ro .c ·-Q) ~ City of Cupertino O> 0.. '-'W <:( O> Q) 2'.. () ro ·o ~~ c '-' s .§ J!!W :f: ::;, c c () Q) 0 0 Cl) ro ;:;;; CL 'C ::;;; 0 ~ </) ·->. ~~ co~ ·-c en UJ 4/14/2016 --, .Q _J ::;, Q) c '.2-2'.. Cl: UJ Q) ::;, ::i LI.. ~ (/) 0 ...J :i:: ct $ 200 .00 $156.0ci $116.00 $146.00 $236.00 ...J t- ct 0 t-t- TASK HOURS 0 ~ t- TASK 1. Project Management and Coordination 1.1, 1.2 Project Coordination and Management 1 4 5 $824 1.3 Schedule Updates 4 4 $624 1.4, 1.5 Meetings 6 4 10 $1,400 1.6 QC Plan and Re views 2 4 6 $1,024 TASK 1 SUBTOTAL 3 18 4 25 $3,872 TASK 2 -Data Collection and Site Investigation 2.1, 2.2 Obtain Record Dra wi ngs , As -Builts, and Utility Information 4 8 12 $1,552 2.3 , 2.4 Site Visits and Documentation 6 6 12 $1,632 2.6 T opographic Su rvey 6 16 22 $4,652 2.7 Plot Base Mapping 2 12 14 $1,704 2.8 Street Dedicatio n 24 24 $3,504 TASK 2 SUBTOTAL 12 26 30 16 38 $13,044 TASK 3 -Construction Docum ents 3.1 Draft Design Submittal Preparation 2 ·12 32 46 $5,984 3.1 -a Draft Estimate 2 4 6 $776 3.2 Review I Respond to Dra ft Submittal Comments 4 2 6 $8b6 ·- 3.3 Pre-Final Submittal Preparation 3 12 22 37 $5,024 3.3 -a Pre-Final Specifications 2 6 8 $1,336 3.3 -b Pre-Final Es timate 2 2 4 $544 ~- 3.4 Review I Respond to Pre-Fina l Submittal Comments 4 2 6 $856 3.5 Fi nal Design Submittal Preparation 3 18 20 41 $5,728 3.5 -a Final Specifications 2 4 6 $1,024 TASK 3 SUBTOTAL 12 64 84 160 $22,128 TASK 4 -Bid Period and Construction Support 4.1 Bid Questions and Addendum ( 1) 2 4 8 14 $1 ,952 4.2 Re view Material Submittals (2) 2 4 6 $1 ,024 4.3 Construction Kickoff Meeting 3 3 6 $816 4.4 Response to RF/s (2) 4 4 $624 TASK 4 SUBTOTAL 4 15 11 30 $4 ,416 TASK 5 ·Record Drawin gs 5.1 Prepare Record Drawings 1 2 8 11 $1,440 TASK 5 SUBTOTAL 1 2 8 11 $1 ,440 ------------··· I TOT ALI 20 111 133 30 16 234 $44 ,900 Client#: 164 HMHENGIN ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) 3/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF l~SURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I ~~We~cT Doris A. Chambers Dealey, Renton & Associates P. 0. Box 12675 Ft!J8Nrfo Ext): 510 465-3090 I f ffc. Nol: 510 452-2193 I i~DA~~ss: dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER($) AFFORDING COVERAGE NAIC# 510 465-3090 David C. Eckman I 1NSURER A: Travelers Indemnity Co. of Conn 25682 INSURED I INSURER e: American Automobile Ins. Co. 21849 HMH Engineers INSURER c, Catlin Insurance Company, Inc. 19518 1570 Oakland Road INSURER D : Trumbull Insurance Company 27120 San Jose, CA 95131 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INS URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU RED 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 POLIC IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . frf ____ -~~~;~~~~~~c~ ·1~~w-1~BDR ; POLICY~~~~~~ -· PPIJ\;•:rrn _r:!o!dbYEXi> ........... . A ~~~MMERciAL-GENE~~~IABILITY m-x --68os945L873 -o~i2°tti~16 ~gj~~~~ ~~;~;;CURRENCE LIM "? s1 ooo _o_oo l CLAIMS-MADE ! x ! OCCUR ~~~~~~J9~~~.f<Penc;l t tooo 1000 . _j-=-................. .... , .. ·---l MED EXP (Any one person ) i $10 000 -.J --··································································---1 PERSONAL & ADV INJURY ! $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: i GENERAL AGGREGATE 1 : $2 ,000,000 1 POLICY [~l m?+ LOC 1 , PRODUCTS . COMP/OP AGG ; $2,000,000 _J g~---......................... ................. ·--~-/-----················································· ························-··------·· .......... -·-. ..................... ·-···· -··-···-......... J_s ____ _ 0 j AUTOMOBILE LIABILITY ) X I X 57UEGAT0879 03 /29/2016 03 /2 9/2017 CE~~~~~~~! SINGLE LIMIT : 1,000,000 [:~ ANY AUTO 1 'io~,~~;~J ~RY (;;;;~~;~~~!--l~ · --...... -..... -.. -----_-_ i . ~b~g~m ED ~8~6g uLED BODIL y INJURY (Per accident) i $ 1-x' -x-NON-OWNED PROPERTY DAMAGE I $ r-J HIRED AUTOS _ AUTO S ._,C"-'IPe"'-r=acc=i=de"""ntl,__ ____ -+· _______ _, j $ ~ ~;;::~~:~AB H ~~~:·MADE ! ::~:~~~:ERRENCE : _. .... Jp.sg.J-1.B.£IEt-lJ:IQf:!_~ . ................................... : ·--i-l . s s i ~~~~~~~g~E~~~~~~L~ Y I N 1 i x iwzP8102s149 09101 /2o15To9/o1-i2o1~~-~~~~I JE;~·r"'---~-=---· 1 ~~~1 t~~~~~Wtx~rn6WMEcuT1vE ;·N' NI A i 1 1 ~.~~'.'lc:~_Ac_c_1DE_N:r ...................... ~J,QQQ_,_QQQ ______ _ i (Mandatory In NH) ' ; ' / E.L DISEASE· EA EMPLOYEE $1.000 000 i If yes , describe under I ! i DESCRIPTION OF OPERATIONS be lo w i 1 t-j -----------·+-/ E.L. DISEASE · POLICY LIM IT $1 000 000 C i Professional ' --- 1 ; AED6846170317 03 /29/2016 / 03/2 9/201 ~ $2,000,000 per Claim ; Liability i · i $4,000,000 Anni Aggr. I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule , may be attached H more space Is re quired) GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. RE: All operations of the Named Insured. City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are named as Additional Insured to General and Auto Liability per policy form wording. Waiver of Subrogation applies (See Attached Descriptions) CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988·2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD ,,_ .. ,..,,.,,..,...,..A 1••4 r.-~nn-.~ DESCRIPTIONS (Continued from Page 1) to General Liability, Auto Liability and Worker's Compensation coverage per policy form wording. Notice of Cancellation: It is understood and agreed that in the event of cancellation of the policy for any reason other than non-payment of premium, 30 days written notice will be sent to the certificate holder by mail. In the event the policy is cancelled for non-payment of premium, 10 days written notice will be sent to the above. SAGITTA 25.3 (2014101) 2 of 2 POLICY NUMBER: 6808945L873 COMMERICAL GENERAL LIABILITY ISSUE DATE: 0312912016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZA TION(S): City ot Cupertino 10300 Torre Avenue Cupertino, CA 95014 PROJECT/LOCATION OF COVERED OPERATIONS: NAME OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S), CONT: City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sch ed- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis - sions or the acts or omissions of those acting on your behalf: a . In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. CG 03 82 09 07 The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e . The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less . This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section Ill) for this Coverage Part. 8. The following is added to Paragraph a. of 4 . Other Insurance in ·coMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown h the Schedule, the insur- ance provided to that additional insured under this Page I © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY ~Coverage P-arfmust apply onaprimary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured . But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal CG 03 82 09 07 injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 © 2007 The Travelers Companies , Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission EXCERPTS FROM CA 00001 (1001) HARTFORD BUSINESS AUTO COVERAGE Insured: HMH Engineers Policy Number:s7UEGATOB79 Policy Effective Dates: 031291201s Additional Insured: NAME OF ADDITIONAL INSURED PERSON(S} OR ORGANIZATION(S), CONT: City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers Additional Insured: SECTION II -LIABILITY COVERAGE 1. WHO IS AN INSURED: The following are "insureds" c. Anyone liable for the conduct of an "insured" ... but only to the extent of that liability. Primary Insurance: SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions -5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". Cross Liability Clause: SECTION V -DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0302) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. WAIVER OF SUBROGATION -We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Insured: HMH Engineers Policy Number: WZP81028149 Effective Date: 09/01/2015 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 named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California wo rkers' compensation premium Person or Organization City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Form W C 04 03 06 Process Date: SCHEDULE Job Description PERSON(S) OR ORGANIZATION(S), CONT: City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers Countersigned by ~ c... • , Authorized Representative (1) Printed in U.S.A. Policy Exp ira tion Date: