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16-079 Hexagon Transportation Consultants, Inc. for Parking Study at the Target Store on Stevens Creek BoulevardAGREEMENT BETWEEN THE CITY OF CUPERTINO AND HEXAGON TRANSPORTATION CONSULTANTS, INC. FOR A PARKING STUDY AT THE TARGET STORE ON STEVENS CREEK BOULEY ARD THIS AGREEMENT, is entered into this 8th day of June, 2016, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and Hexagon Transpo11ation Consultants, Inc, a California Corporation whose address is 4 No11h Second Street, Suite 400 , San Jose , California 95113 (hereinafter refeITed to as "Consultant") (collectively referred to as the "Parties "). 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 Cupe11ino Municipal Code. B. Consultant is specially trained , experienced and competent to perform the special services which will be required by this Agreement. C. Consultant possesses the skill , experience , ability , background , ce11ification 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 a parking study at the Target Store on Stev ens Creek Boulevard upon the tenns and conditions herein . NOW, THEREFORE, the Patties mutually agree as follows: I . TERM The te1m of this Agreement shall commence on June 8, 2016, and shall te1minate on December 31 , 2016, unless te1minated earlier as set f011h herein. 2. SERVICES TO BE PERFORMED Consultant shall perf01m each and every service set f011h in Exhibit "A" pursuant to the schedule of performance set fo11h in Exhibit "A ," attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed FIVE THOUSAND TWO HUNDRED dollars ($5,200 .00). 4 . TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the perf01mance of this Agreement. 5. STANDARD OF CARE Consultant agrees to perfo1m all services required by this Agreement in a manner commensurate with the prevailing standards of like professionals in the San Francisco Page I of 10 Hexagon for Target , 6 -8 -1 6 Bay Area and agrees that all services shall be perfo1med by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. 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, rnle or regulation and the express te1ms of this Agreement. No civil service status or other right of employment will be acquired by vi1tue 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 n01mally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 7 . IMMIGRATION REFORM AND CONTROL ACT (IRCA) Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his /her employees perfo1ming work hereunder, pursuant to all applicable IRCA or other federal , or state mies and regulations. Consultant shall indemnify and hold City hmmless from and against any loss , damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8 . NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Consultant agrees that it shall not harass or discriminate against 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 , sexual orientation , or any other protected class . Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS IZl Standard Indemnification: Consultant shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services perfo1med in connection with the Agreement, indemnify, defend , and hold hmmless 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 prope11y or other liability of any nature, whether physical , emotional , consequential or othe1wise , arising out, pe11aining to, or related to the negligent 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 . The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the Page 2of 10 Hexagon for Target , 6 -8 -16 completion of the Services or te1mination of this Contract. 10. INSURANCE: A. General Requirements . On or before the commencement of the te1m of this Agreement, Consultant shall furnish City with ce11ificates showing the type , amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D ". Such ce11ificates, which do not limit Consultant's indemnification , shall also contain substantially the following statement: "Should any of the above insurance covered by this ce11ificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thi11y (30) days' advance written notice to the City of Cupe11ino by ce11ified mail , Attention: City Manager." Consultant shall maintain in force at all times during the perfom1ance 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 ce11ificates. 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 vi11ue of the payment of any loss under such insurance. C. Failure to secure or maintain insurance. If Consultant at any time during the te1m hereof should fail to secure or maintain the foregoing insurance , City shall be pe1mitted 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 pennitted by law and computed from the date w1itten 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 p011ion of any loss , or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to detennine adequate coverage for Consultant. F. Maximum Coverage and Limits . It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Fm1hem1ore, the requirements for coverage and limits shall Page 3 of IO Hexagon for Target , 6 -8 -16 be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. 11 . CONFLICT OF INTEREST Consultant waiTants that it presently has no interest, and will not acquire any interest, direct or indirect , financial or othe1wise, that would conflict in any way with the perfonnance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make ce11ain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. 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 othe1wise , 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 , trnst 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 paitner or joint venturer or syndicate member or cotenant, if Consultant is a paitnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be constrned as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation . 13 . SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained , only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the perfo1mance 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 caJTy general , automobile and professional liability insurance in reasonable confo1mity to the insurance caJTied by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor 's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor fu11her agrees to include these same provisions with any sub- subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require Pa ge 4 o f10 Hexagon for Target , 6 -8 -16 all subcontractors to provide a valid ce11ificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City . 14. PERMITS AND LICENSES Consultant, at his/her sole expense , shall obtain and maintain during the tenn of this Agreement, all appropriate pe1mits , ce11ificates and licenses including , but not limited to , a City Business License, that may be required in connection with the perfo1mance of services hereunder. 15. REPORTS A. Each and every repo11 , draft , work product, map , record and other document, hereinafter collectively referred to as "Repo11 11 , reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive prope11y of City. Consultant shall not copyright any Repo11 required by this Agreement and shall execute appropriate documents to assign to City the copyright to Rep011s created pursuant to this Agreement. Any Rep011 , info1mation and data acquired or required by this Agreement shall become the prope11Y of City, and all publication rights are reserved to City. Consultant may retain a copy of any repo11 furnished to the City pursuant to this Agreement. B . All Repo11s 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 01iginal project; and/or (4) Other City projects as City deems appropriate . C. Consultant shall , at such time and in such form as City may require , furnish repo11 s concerning the status of services required under this Agreement. D. All Repo11s required to be provided by this Agreement shall be printed on recycled paper. All Repo11s shall be copied on both sides of the paper except for one original , which shall be single sided . E . No Repo11 , 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. 16 . RECORDS Consultant shall maintain complete and accurate records with respect to sales , costs, expenses , receipts and other such infonnation required by City that relate to the perfo1mance of services under this Agreement, in sufficient detail to pem1it 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 supp011ing documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessmy due to concerns Page 5 of 10 Hexaaon for Target , 6 -8 -16 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. 17. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupe1tino Municipal Code and Agreement will te1minate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a po1tion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, te1m , condition, or provision of this Agreement. 18. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled/remanufactured toner and ink jet caitridges; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 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 ce1tified , addressed as hereinafter provided. All notices , demands , requests , or approvals shall be addressed as follows : TO CITY : City of Cupe1tino 10300 Tone Ave. Cupe1tino CA 95014 Attention: Aa1ti Sh!ivastava, Assistant City Manager TO CONSULT ANT: Hexagon Transpo1tation Consultants , Inc 4 No11h Second Street, Suite 400 San Jose, CA 95113 Attention: Gary K Black, President Pa ge 6of10 Hexagon for Target , 6-8 -16 20 . TERMINATION In the event Consultant fails or refuses to perfo1m any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the perfo1mance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set fo11h in City 's written notice of default , and in addition to any other remedy available to the City by law , the City Manager may te1minate the Agreement by giving Consultant written notice thereof, which shall be effective immediately . The City Manager shall also have the option, at its sole discretion and without cause , of terminating this Agreement by giving seven (7) calendar days' prior w1itten notice to Consultant as provided herein. Upon receipt of any notice of te1mination , Consultant shall immediately discontinue perfo1mance . City shall pay Consultant for services satisfactorily perfom1ed up to the effective date of te1mination. If the te1mination if for cause , City may deduct from such payment the amount of actual damage, if any , sustained by City due to Consultant's failure to perfo1m its material obligations under this Agreement. Upon tennination , Consultant shall i1mnediately deliver to the City any and all copies of studies , sketches , drawings , computations , and other material or products , whether or not completed , prepared by Consultant or gi v en to Consultant, in connection with this Agreement. Such materials shall become the prope11y of City. 21. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules , policies 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 pai1ies 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 Superior Com1 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 , adve11ising , show bills , lithographs , posters or cards of any kind pe11aining to the services perfo1med under this Agreement unless p1ior w1itten approval has been secured from City to do otherwise. 24. WAIVER A waiver by City of any breach of any te1m , covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other te1m , covenant, or condition contained herein, whether of the same or a different character. 25 . INTEGRATED CONTRACT Page 7 o f10 Hexagon for Target , 6 -8 -16 This Agreement represents the full and complete understanding of ev ery kind or nature whatsoev er between the Pm1ies , 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 effectiv e only by written execution signed by both City and Consultant . 26 . AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respecti v e legal entities . 27 . INSERTED PROVISIONS Each provision and clause required by law to be inse11ed 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 inse11ed or is not coJTectly inserted , the Agreement shall be amended to make such inse11ion on application by either pm1y. 28 . CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a pm1 of the A greement and in no wa y affect, limit or amplify the te1ms or provisions of this A g reem ent. All unc h eck ed boxes do not appl y to thi s Agreement. TN WITNESS WHEREOF, the pm1ies have caused the Agreement to be executed . By -t-1,..--11-ii----t+.---tt-~1--~ Titl Date ~~~~.....-..~~~~- ATTEST: ~#_~JJ- City Clerk LP _ 2-(, /b Hexagon for Target , 6 -8 -16 CITY OF CUPERTINO A Municipal Corporation By ~~oA Titl e'ji~ e!1X ttll/'l/lrreP Date . 0~4' //,b D O ve r $17 5,000-t o un cil Approva l Required D Over $45 ,0 00-Depaitm ent Hea d Appro va l Required ~ Up to $45 ,000-Des ignated Supervi sor Approv al Required RECOMMENDED FOR APPROVAL U-~ Catarina Kidd , Senior Planner A~OFORM ~yAttomey Page 8 o f10 Exhibits: (Check box for exhibits that apply to thi s contract and atta ch) ~ Exhibit "A "-Scope of Services D Exhibit "B"-Schedule of Performance D Exhibit "C"-Compensation ~ Exhibit "D"-Insurance Requirements and Proof of Insurance D Exhibit "E"-Mandated Rep01ting Acknowledgement D Exh ibit "F"-Background/Fingerprint/TB Declaration D Exhibit "G"-Nondiscrimination-State/Federal/HUD funded project D Exhibit "H" -Request for City Manager to Waive Informal Bidding Requirements EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT PO #2016-'? B':S' Original Contract: 100-71-701 700-702 $5,200.00 Total: $5,200.00 Page 9 of IO Hexagon for Target , 6 -8 -16 WnA<iON T~ANSPO~TATION (oNSULTANTS. IN<. ll!t....4 May 4, 2016 Ms . Catarina Kidd City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Exhibit A Re: Proposal to Conduct a Parking Study at the Target Store on Stevens Creek Boulevard in Cupertino, California Dear Ms . Kidd : Hexagon Transportation Consultants, Inc., is pleased to submit this proposal to conduct a parking study at the Target retail store located at 20745 Stevens Creek Boulevard in Cupertino, California . It is our understanding that Target has plans to introduce a new curbside order pickup service and needs to reduce their parking supply in order to implement the proposed service. Target plans to decrease the retail sales floor area of their store and replace the sales area with a stockroom area to store curbside orders prior to pickup . The new service would allow Target customers to order by app and pick up their order at the designated curbside parking area . Since Target employees would hand deliver the orders to the parked vehicles , Target anticipates a high turnover of spaces . With the proposed curbside service , it is likely that fewer spaces within the existing parking lot would be required to serve customers . The purpose of the parking study will be as follows : • To determine whether the existing on -site parking supply is currently sufficient to meet the ex isting parking demand , • To estimate the parking reduction that is likely to occur within the existing parking lot due to implementation of the curbside service , and • To determine whether adequate parking would be provided with implementation of the proposed curbside service and the associated reduction in the number of shopping center parking spaces . Parking Occupancy Surveys -Manual parking occupancy counts will be conducted every 30 minutes from 1 :00 PM to 5:00 PM on two typical Saturdays to measure the number of parked vehicles (or occupied spaces) within the Target parking lot. The survey time period will capture the peak parking demand of the Target shopping center. The entire shopping center parking lot will be surveyed, including the parking spaces located adjacent to the outparcel building located on the northwest corner of Bandley Drive and Stevens Creek Boulevard , because all of the parking spaces within the shopping center are shared between Target and the businesses that occupy the outparcel building. It is assumed that City staff will contact the appropriate Target representative to let them know which Saturdays the parking surveys will occur. Parking Reduction Estimates -Based on information provided by Target for other Target sites currently implementing the curbside service , Hexagon will estimate the parking reduction that is likely to occur within the existing shopping center with implementation of the curbside service . Parking Demand Analysis -Based on the results of the parking occupancy surveys and the parking reduction estimates , Hexagon will determine whether adequate parking would likely be provided with 1) implementation of the proposed curbside service , and 2) the associated reduction in the number of shopping center parking spaces . The resulting parking deficit or surplus will be reported . Documentation -The results of the parking study will be summarized in a draft memorandum for your review . Editorial and minor technical comments will be incorporated into the final memorandum. 4 North Second Street, Suite 400 ·San Jose, California 95113 • phone 408 .971.6100 ·fax 408 .971.6102 • www.hextrans.com ............... Ms . Catarina Kidd May4, 2016 ~ Page2of2 Additional Services Any work not specifically referenced above-for example extending the time period of the Saturday parking surveys , conducting additional parking surveys (e .g., adding weekdays or additional Saturdays), evaluating the operation of the proposed curbside lane , or attending meetings-shall be considered additional services . Additional services shall be provided upon authorization and will require additional budget and additional time . Schedule and Budget The cost for the parking study is quoted for a lump sum amount of $5,200. This price quote is good for 30 days and assumes that all project-related activities will be completed within one year. Extended schedules may require additional budget for project administration. The study will take about three weeks to complete . We are prepared to begin work immediately upon authorization. We look forward to working with you and appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call. Thank you . Sincerely , HEXAGON TRANSPORTATION CONSULTANTS , INC . Gary K. Black President Brian Jackson Senior Associate Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured . Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: (!) Workers' Compensation: Statutory coverage as required by the State of California . (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000 ,000 aggregate -all other Property Damage : $100 ,000 each occurrence $250 ,000 aggregate If submitted , combined single limit policy with aggregate limits in the amounts of $1 ,000 ,000 will be considered equivalent to the required minimum limits shown above . (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100 ,000 each occurrence or Combined Single Limit: $500,000 each occurrence ( 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 . 10 HEXAG-1 OP ID: MR ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 03/02/2016 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 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 ~2~~~cT Melissa Rivera R. C. Fischer & Co. r~gNJo Extl: 925-627 -5467 I FAX P.O. Box 8101 IAIC Nol: Walnut Creek, CA 94596-8101 lo~~~ss: mrivera@rcfischer.com Gordon J. Fischer, CPCU INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Indemnity of CT 25682 INSURED Hexagon Transportation INSURER B : Travelers Prop Cas Co of Amer 25674 Consultants, Inc. INSURER C : Technology Insurance Company 4 North Second St., #400 San Jose, CA 95113 INSURER D: Admiral Insurance Co. 24856 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL ISUBA l~~L6%"Wfvi POLICY EXP LIMITS LlR ,,.,.,., l wvo POLICY NUMBER IMM/DDIYYYYl GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C - U /"\IVll'\\.;;IC l)YEl"\C:l'll'C::U A x COMM ERCIAL GENERAL LIABILITY x 6808841L482 03/01/2016 03/01/2017 PREMISES Ea occurrence) $ 300,000 r--:=J CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $ 5,000 r-- HIRED & NON-OWNED AUTO PERSONAL & ADV INJURY $ 1,000,000 r-- INCLUDED IN LIABILITY GENERALAGGREGATE $ 2,000,00 r-- GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS -COMP/OP AGG $ 2,000,000 'I POLICY lxl P,W-r n LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT tEa accidentl $ - ANY AUTO x BODILY INJURY (Per person) $ -ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -r--NON-OWNED PROPERTY DAMAGE HIRED AUTOS A UTOS !PER ACCIDENT\ $ -r-- $ UMBRELLA LIAS ~OCCUR EACH OCCURRENCE $ 5,000,000 r-- B x EXCESS LIAB CLAIMS-MADE CUP5819P929 03/01/2016 03/01/2017 AGGR EGATE $ 5,000,000 OED I x I RETENTION $ 0 $ WORKERS COMPENSATION x I WCSTATU-I I OTH- AND EMPLOYERS" LIABILITY TORY LIMITS ER c Y/N x TWC3536143 03/01/2016 03/01/2017 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes . describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00C D Prof Liability E000000146619 03/01/2016 03/01/2017 Ea Claim 2,000,00C Claims Made Form $5,000 OED. Aggregate 2,000,00C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 20111 Stevens Creek Blvd. CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 ACORD 25 (2010/05) CUPER-3 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 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hexagon Transportation Consultants, Inc. Policy No. 68088411482 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The follow ing is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additio nal insured on this Coverage Part , but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused , in whole or in part , by your acts o r omis - sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera - tions; 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 per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such add itional insured is limited as follows : d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part . e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insura nce" to provide for that additional insured, or the limits shown in the Declara- tions 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 . B. 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 the insurance provided to an additional insured under this Cov-' erage Part must apply on a primary basis, or a primary and non-contributory basis , this insurance is primary to other insu rance that is available to such additional insured which covers such addi - tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" f or which coverage is sought occurs; and (2) The "persona l injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance , whether primary, excess , contingent or on any other basis, that is available to the insu red when the insured is an additional insured under any othe r insu rance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Sec tion IV): We waive any rights of recovery we may have against any person or organi zation because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you , or on your behalf, under a "contract or agreement requiring insurance" wit h that person or organ ization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organ iz ation entered into by you before, and in effect when, the "bodily CG 03 81 09 07 © 2007 The Travelers Companies , Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office. Inc ., with its permission . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 04-84) 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 250.00 This endorsement changes the policy to w hi ch it is attached and is effective on the date iss ued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effect ive Insured In surance Company WC 00 0313 (Ed . 04-84) 3/1/2016 Policy No . TWC3536143 Hexagon Transportation Consultants, Inc. Technology Insuran ce Company Endorsement No. Premium$ WC 00 0313 6452 -------~ ~ -·---=----=-Countersigned by ______________________ _