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17-144 D'Angelo and Associates, Design and Implementation Services for Upgrade of Conference RoomsJ-0 } 8-00000 3 3 8 FIRST AMENDMENT TO AGREEMENT 17-144 BETWEEN THE CITY OF CUPERTINO AND D'ANGELO AND ASSOCIATES FOR DESIGN AND IMPLEMENTATION SERVICES FOR UPGRADE OF CONFERENCE ROOMS This First Amendment to Agreement 17-144 between the City of Cupe1tino and D' Angelo and Associates, for reference dated 10/16/2017, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and D ' Angelo and Associates, a sole prop1ietor ("Consultant") whose address is 29 Dracke1t Lane, Ladera Ranch, CA 92694, and is made with reference to the following: RECITALS: A. On 10/16/2017 , an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for design and implementation services for upgrade of conference rooms. The agreement will expire on 10/31/2018. B. The Agreement and the first Amendments are collectively refe1Ted to as the "Agreement" unless othe1wise indicated . C. City and Consultant desire to modify the Agreement on the terms and conditions set fo1th herein . NOW, THEREFORE, it is mutually agreed by and between and undersigned patties as follows: 1. Paragraph of the Agreement is modified to read as follows: The te1m of this Agreement shall commence on October 16, 2017 and shall terminate on June 30, 2019, unless te1minated earlier as set fo1ih herein . 2 . The following Exhibits to the Agreement, are amended and replaced to read as shown in the attachments to this Amendment: a. Exhibit A : miginal statement of work b. Exhibit D: insurance documents 3 . Except as expressly modified herein, all other terms and covenants set fo1ih in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the pa1ties hereto have caused this modification of Agreement to be executed. ~~NS~ Title Joseph D'Angelo , President ~:T~~ Ar,-, Title __ c..--_.,_(;o' _______ _ RECOMMENDED FOR APPROVAL By ___________ _ Title ___________ _ ~LJ;~·xt- City Clerk / -/ ~ / 7 EXPENDITURE DISTRIBUTION PO #2018-00000338 100-31-305 700-702 Original $32,600.00 Amendment #1: 0 Amendment #2: 0 Total: $32,600.00 Attachment A February 28 , 20 17 Pete Colgianese Multimedia Co mmuni cations Specialist City of Cupertino Cupertino City Hall Attn: Video Department 10300 Torre Avenue City of Cupertino, CA 95014 Office: 408 .777.1358 Em : peterc@cupertino .org Subject: City ofCupertino - Exhibit A Proposal for Con sulting Services Dear Peter: D ~\NCELO ..:\N D A SSOCIATES On behalf of D' Angelo and Associates (DNA), we'd li ke to thank you for the opportunity to present you with this proposal. Pursuant to our meet ing of 23 January, we understand th at The City of Cupertino will be updati ng 6 conference room s throughout city limits . They are as follows: o City Hall Conference Room A (15 perso ns), o City Hall Conference Room C (20 persons), o City Hall Conference Room D (10 persons), o Senior Center Conference Room (15 persons), o Quinlan Community Center Conference Room (20 persons), o Senior Center Bay multipurpose Room (SO persons). Our scope of services is outlined below, and since it will be spread out over a year, with most the construction (if necessary) handled by City Public Wo rks, it will be unique and precisely outlined, to maximize the value our services provides for the City . SCOPE OF SERVICES Programm in g/Sc hem atic De sign: Typical to our programmatic scope of work are the following services: o Meet with you and your project team to review the current de sign and determine the required audio/visual/vid eo system functions and/or operational characteri stics . o Verify the expected level of audio/visual quality, and the proposed installation budget. o Issue a preliminary systems des cription in writing to establish an agreed upon design path . o Develop an estimated equ i pment list, which w ill define the estimated cost of the projectincluding labor . o Issue preliminary space and infrastructure requirements for audio/visual systems to the architect or Public Works . o Provide aid in any architectural integration tasks that need timely accomplishment. We assume up to 2 meetings during this phase to discuss system issues or sy stem configu r ations with the client/owner/Public Works . Additional meetings can be requested, but for the purposes of budgeting, the time associated with this phase and proposal, we have anticipated 2 meetings total. All meetings are assumed in the San Francisco Bay Area. Electrical: Based on our experience, we will provide the following services during this phase : o Design an electrical infrastructure around the agreed upon programmatic design path. o Specify conduit, backboxes, floorboxes, and termina l cabinets via wet stamped drawings thatshould be given to the project's electrical engineer and/or electrical contractor. o Continue to provide architectura l integration details and information. Design development: Based on the established programming document, we will: o Develop audio/visual/video functiona l diagrams . o Build or test mock ups as needed . o Further develop equipment lists and cost estimates . o Continue to assist with integration of audio/visual elements into the architecture and millwork by providing additional conceptual sketches and equipment literature as required. We assume up to 2 meetings during this phase to discuss system issues or system configurations with the client/owner/Public Works . Additional meetings can be requested, but for the purposes of budgeting, the time associated with this phase and proposal, we have anticipated 2 meetings total. All meetings are assumed in the San Francisco Bay Area . Construction Documents: We will deliver a three-part Construction Specification Institute formatted audio/visual/video system specification and the following full size drawings for inclusion into the project set/b id documentation . o Audio/visual Floor plan o Audio/visua l details, equipment rack, and other elevations o Receptacle p late details o Single line audio/video/contro l funct ional diagrams o Conduit Riser Diagrams o Architectural Coordination Detail Sheets Bidding Phase : During the project's bidding process, we can assist by providing the following services: o Provide a list of qualified audio/visual contractors . o Respond to contractor RFI o Review submitted bids to help verify that the contract documents have been correctly interpreted. o Issue written memoranda documenting all reviews and RF l's. o Provide a contractor pre-bid walkthrough at the job site . ~\NCELO~ D SSOC IATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415-377 -7107 I www.danqeloconsultants.com Const ru cti on Admin i stratio n : During thi s phase, we will: o Review contractor submittals. o Evalu ate propose d substitutions. o Continue to res pond to contractor requests for clarification o Upon receipt of the specified au dio/visual/video con tractor's prelimin ary testing an d adjustment re port, we wil l visit th e site with the audio/visual/video contractor and perform acc epta nc e testing and adjustment as we find appropriate. o Issue a memorandum report indicating the system status o Pro vi de a contrac tor punch li st. Sin ce this phase will be staggered, we will visit the site(s) as deem ed approp ri ate by City proje ct personnel for a flat rate, as needed. FEES We plan to prov i de our servi ce s in accordanc e with the acco mpanying Term s and Conditions sheet. We con sult larg ely becau se we enjoy it, not nec essa rily fo r a profit, and we strive to set our fees at a leve l commensurate to the value we can bring our clients. Audiovisual Schematic Des ign ............................................................................................................................................ $6,500 Desig n Developm e nt ...................................................................................................................................... $5,400 Con st ruction Documents ................................................... .' ............................................................................ $6,000 Bidding and Nego tiation ................................................................................................................................. $4,000 Construction Administration .......................................................................................................................... $8,000 Estimated Expe nses ........................................................................................................................................ $2,700 Total $32 ,600 Commi ss ioning Site Vi si ts, Per Room, As Authorized ..................................................................................... $1,200 ASSUMPT IONS & ADDITIONA L SERVICES Th e follow i ng tasks are not in clud ed in th e above sco pe of serv ic es and f ee estimate. Should t he se services become n ecessa ry, we can provide an additional proposa l. o We assume thatThe City ha s draw in gs of each confere nc e room, and that they will be prov id ed to us fo r usage on the proj ect. o Additional meetings outside be yond th e numb er ind icate d above if applicable, if th e project fee status do es not afford it. D Sound maski ng system de sign D Acou stical desig n D Environmental nois e analysi s D Ground-borne and structural vibration D Acoustica l mea sure m ents D Witnessi ng performan ce tests ~\NCELO ~ D SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415-377 -7107 I www.da ng eloconsu lta nts.com o Acoustical mod els an d prototype testing, i ncluding acou stica l sim ul ati on s o LEED documentation asso ciat ed with acoustics, AV, orteleco m . o CALGr een acoustical requirements We look fo rward to the possibility of working with th e City of Cupertino again on thi s intere sting proj ec t . Plea se do not hesi t ate to contact us should you r equi re further information. Sinc erely, D' ANGELO AN D ASSOC IATES, INC. Jo ey G. D'Angelo Pr esi dent Enclo sure ~\NCELO~ AGREED AND ACCEPTED By : ____________ _ Date:-------------- D SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 J 415-377-7107 J www .dang eloconsu ltants .com TERMS AND CO NDITIO NS In surance General Liability .......... : ............................................................................................................................ $2,000,000 Workers Compensation ........................................................................................................................... $1,000,000 Automobile Liability ................................................................................................................................. $2,000,000 Profe ssional Liability ("Erro rs and Omissions"): Professional liability of D' Angelo Associates, Inc . (DNA), its officers, employees, and sub-consultants is limited to $50,000 or our total fee, whichever is less. The above limitation of professional liability can be increa se d to th e limit of our insurance policy ($1 ,000,000) by increasing our total fee by 10% prior to start of our services . Schedule of Hourly Rates (if working hourly) President and Vice President.. ...................................................................................................................... $275/hr Senior Consultant ......................................................................................................................................... $195/hr Consultant .................................................................................................................................................... $135/hr Technical Assistant ......................................................................................................................................... $75/hr Fee proposals are valid for 60 days. The total fee will be applied as we deem appropriate among the individual tasks . All fee proposals assume that services proceed wit hout unreasonable delays, redesign, or scope changes . Such occurrences may warrant a renegotiation of fees . The schedule of hou rly rates is valid for one year from the proposal date. A renegotiation of our hourly rates may be required after this period. Invo ices fo r technical labor, reimbursable expenses, and instrumentation use are rendered monthly for services performed during the previous month .Paym ent for each invoice is due within 30 days. Reimbursable expenses suc h as trave l, su bsistence, meals , lodging, and proj ect-related materials are billed in addition at cost. Measurement instrumentation-use charges are at our standard rates. DNA specifications input and details have all ri g hts reserved by D'Angelo and Associates, Inc . These documents are fo r use only on the project for which D'Ang elo and Associates, Inc . is retained . It is the project architect's and engineer's re spo nsibility to coordinate and verify the suitability of all specifications input and details as appropriate for the project. Site visits and observations, if any, conducted by our firm relate only to our services. We are not responsible for the safety of others at the job site. ~\NCELO ~ D SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415-377-7107 I www.danqeloconsultants.com Exhibit D ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 11 /13/2018 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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, certa i n policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE (888) 202-3007 I FAX IA/C No Extl · {M,,jfQ): 520 Madison Avenue E-MAIL contact@hiscox.com 32nd Floor ADDRESS: New York, NY 10022 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A : Hiscox Insurance Company Inc 10200 INSURED -INSURER B : JOSEPH D'ANGELO AND ASSOCIATES , INC INSURER C: 29 DRACKERT LANE LADERA RANCH, CA 92694 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY TH AT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU ED 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 IN SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS IONS AND CON DITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR ,~8/ilii~l ,:~~6%~1 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 -D CLA IMS-MADE [8J OCCUR DAMAGE TO RENTED PR EMISES (Ea occu rrence) $ 100,000 -MED EXP (Any one person) $ 5 ,000 A X Primary & Noncontributory y y UDC-1 98631 O-CGL-18 05/26/2018 05/26/2019 PERSON AL & AD V INJURY $ 1 ,000 ,000 GEN'L AGGR EG ATE LI MIT APPLIES PE R: GENERAL AGGREG ATE $ 2 ,000 ,000 ~ DPRO-DLOC PRODU CTS -COMP/OP AGG $ SIT Gen. Agg POLI CY JE CT OTHER : $ AUTOMOBILE LIABILITY COMBINED SINGLE LI MIT $ (Ea accident) -ANY AUTO BOD ILY INJURY (Per perso n) $ -ALL OWNED -SC HED ULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DAM AG E HIRED AUTOS AU TOS {Per accident\ $ -- $ UMBRELLA LIAB H OCCUR EAC H OCCURRENCE $ -EXCESS LIAB CLAIMS -MADE AGGR EGATE $ OED I I RETENT ION $ $ WORKERS COMPENSATION I ~ffruTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPR IETOR/P ART NER /EXECUTI VE D E.L. EACH ACCIDENT $ OFF ICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DI SEAS E -EA EMPLOY EE $ If yes, describe under E.L. DI SEAS E -PO LI CY LIMIT $ DE SCR IPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Addition al Rema rks Schedul e, may be attached if more space is required) City of Cupertino , including its city counci l , board and commissions, officers, officials , agents, emp lo yees , consultants and volunteers is named as additional in sured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Cupertino CA 95014 ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE E,d{_ tl. 1-Jfj-· I © 1988-2014 ACORD CORPORATION. All rights reserved . ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD JOSEDAN-01 LLAPSANSKY ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~· 11/19/2018 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 have ADDITIONAL INSURED provisions or 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 CONT AC T NAME : Geico Insurance Agency rtf.N~o, Ext): (800) 969-5454 I FAX 1 Geico Blvd (A/C, No):(570) 825-2990 Fredericksburg, VA 22412 ~i:iMlJ~ss: geicosupport@guard.com INSURER!Sl AFFORDING COVERAGE NAIC# INSURER A: NorGUARD Insurance Comoanv 31470 INSURED IN SURER B : Joseph D'Angelo And Associates, Inc. INSURER C: 29 Drackert Ln INSURER D: Ladera Ranch, CA 92694 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THI S IS TO CERTIFY THAT THE POLICIE S OF IN SURANC E LISTED BELO W HA VE BEEN ISS UED TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD INDI CATED . NOTWITHSTANDING AN Y REQUIREMENT , TERM OR CO NDITION OF AN Y CO NTRA CT OR OTHER DO CUMENT WITH RE SPECT TO WHICH THIS CERTIFICATE MAY BE IS SUED OR MAY PERTAIN , THE IN SURAN CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HA VE BEEN REDUCED BY PAID CLAIM S. INSR TYPE OF INSURANCE ADDL SUBR POLIC Y NUMBER 1i2hl%~, 1ipL1cY EXP LIMITS LTR ""QD WVD MIDDNYYY\ COMMERCIAL GENERAL LIABILITY EACH OCCURR EN CE $ -D CLA IM S-MADE D OCCUR ~~~~\f;H9E~~~J~?ence\ -$ MEO EXP !Anv one nersonl -$ PERSONAL & ADV INJU RY -$ R "L AGGREGAT E LIMIT APP LIE S PER: GENERAL AGGREGATE $ POLICY O ~&'8i O LDC PRODUC TS -COMP/OP AGG $ OTHER: $ AUTO MO BILE LIABILITY COM BINED SIN GLE LIMIT !Ea accident\ $ -ANY AUTO BOD IL Y INJU RY !Per oersonl $ -OW NED -SCHEDU LED -AUTOS ONLY f-AUTOS BODILY INJURY !Per accident\ $ HI RED NON-OWNED fROPERTY i?AMAGE -AUTOS ONL Y -AUTOS ONLY Per accident $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXC ESS LIAB CLAIMS -M ADE AGGR EGATE $ OED I I RETENT ION $ $ A WORKERS COMPENSATION I PER I I OT H- AND EMPLO YERS" LIABILITY STATUTE ER YIN JOWC995370 05/31/2018 05/31/2019 1,000,000 ANY PROPR IETOR/PARTNER/EXECUTIVE [EJ E.L EAC H ACC IDE NT $ OF FI CER/MEMBER EXC LUDED? NIA 1,000,000 (Mand at ory in NH) E.L DI SEASE -EA EMPLOYEE $ If yes, describe under DESCR IPTI ON OF OP ERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additi onal Remarks Schedule, may be attached if more space is requir ed) Wavi er of Subrogation Applies . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I 9=·/ih-C'~=· -,di'-- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are r egistered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD/YYYY) ~ 11/13/2 0 18 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 poli cy(ies) must be endorsed . If SUBROGATION IS WAIVED , subj ect to the terms and cond i tions of the pol i cy, certa i n policies may r equire an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox In c . d/b/a/ Hiscox Ins urance Agen cy i n CA PHONE (888) 202-3007 I FAX I A I C No E xtl: (A/C, No): 520 Mad ison Av enu e E-MAIL co ntact@ h iscox.c om 32 nd Fl oor ADDRESS : New York , NY 10022 INSURER(S) AFFORDI NG COVER A GE NAIC# INSURER A : Hi scox In s u rance Co m pa ny In c 10200 INSU RED INSURER B : JOS EPH D'A N G ELO AN D ASSOC IAT E S , IN C IN SU RER C : 29 DRACKERT LA NE LAD ERA RA N CH, CA 92694 IN SU RER D : IN SURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLI CIE S OF IN SURANC E LI STED BELOW HAVE BEE N ISS U ED T O TH E INS URED NAM ED ABOV E FOR THE POLI CY PE RIO D INDI CATED . NOTW IT HS TAN DING ANY REQU IREMENT , TERM OR CO NDITI ON OF ANY CON T RAC T OR OTHER DOCUM ENT WITH RESPEC T TO W HICH TH IS CERT IFI CATE MAY BE ISSU ED OR MAY PERTAIN , THE INSl,JRANCE A FF OR DED BY T HE POLI CI ES DE SCR IBED HE REI N IS SUBJ ECT TO ALL THE TER MS, EXC LU SIONS AND CO NDITI ONS OF SUCH PO LI CIE S. LI MI TS SHOW N MAY HAV E BEE N REDUC ED BY PAID CLAIMS . INSR ADDL SUBR POLICYEFF POLIC Y EXP LTR TYPE OF INSURANC E ,.,.,D WVD POLICY NUMBER I MM /DD/YYYYl IMM/DD/YY YYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCC URR ENCE $ -D CLAIMS -MAD E D OCC UR DAM AGE TO RENTED PR EM ISES (E a occurrence\ $ -ME D EXP (Any o ne pe rso n) $ PER SONAL & ADV INJURY $ -GEN 'L AGGREGATE LI MIT APPLIES PE R: GE N ERAL AG GRE GAT E $ Fl D PRO-D LOC PRO DUCTS -COMP/OP AGG $ PO LI CY JECT OTHE R : $ AUTO MOBILE LIABILITY COMBINED S ING LE LI MIT $ /Ea acci den t\ - ANY AUTO BODILY INJU RY (P er person) $ --ALL OWNED SC H EDU LED AUTOS AUTOS BODILY INJURY (Per accid ent) $ f----NO N-OW NED PR O PERTY DAMAGE HIRED A UTOS AUTOS /P e r accident \ $ f---- $ UMBRELLA LIAB H OCC UR .EAC H OCCURRE NCE $ f-- EXC ES S LIAB CLAIM S-M ADE AGGRE GAT E $ OED I I RETENTI ON $ $ W OR KERS COMPENSATION I ~'ffrnTE I I OT H- AND EMPLO YERS ' LIABILITY ER Y/N AN YPRO PR IE TDR/PARTNER/EXECUTIVE D N /A EL EAC H ACC IDENT $ OFFI CER/MEMBE R EXC LUDED? (Ma nd at ory in NH) EL DIS EAS E -E A EMPLOYEE $ If yes, descri be unde r EL DI S EAS E -POLI CY LIMIT $ D ESCRIP T ION OF OPERATIONS below A Profess ion al Lia bility y y U DC-19863 1 O-E 0-18 05/26 /20 18 05/26/20 1 9 Each C laim : $ 1,000 ,000 Agg re gate : $ 1,00 0 ,000 DESCRIPTION OF OPERATIONS/ LOC ATIONS / VEHICLES (ACORD 101 , Additional Rem ar ks Sch edul e, m ay b e attached if more space is required) City of Cupertino , includ ing its city coun cil, board and commissio ns, office rs, officia ls, agents , em pl oyees, co nsultants and vo luntee rs is named as additiona l ins ured subj ect to the pol icy terms and conditions . CERTIFICATE HOLDER CANCELLATION City of Cupe rti n o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 103 00 To rre A ve nue THE EXPIRATION DATE THEREOF , NOT ICE WILL BE DELIVERED IN C u p e rt in o CA 950 14 ACCORDANCE WITH THE POLICY PROVISIONS . A UTHORIZED R EPRESENTAT IVE E,,tt/l (). 1-Jfj-·· I © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DD /YYYY) ~ 11 /13/2 01 8 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 have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT RYA N D W IGHT OR JU N E HILBERT NAME : State Farm RYAN DW IGHT , AGENT LI C ENSE #OH7 675 1 ;l)gNtJo "•" 714-4 32-8170 I FA X 949 -209-3 38 7 IA/C Nol : A ® STATE FARM IN SURA NCE ~t1D'}l~ss : june .hilb e rt .i70n@s ta tefa rm .com 150 PA ULARIN O AVENUE D-190 INSURER{S) AFFORDING COVERAGE NAIC# CO STA ME SA CA 92626 INSURE R A : S tate Fa rm Mu tua l A uto mobile Ins urance C ompany 25 178 INSURED INSURER B : D'AN GELO AND A SS OCI ATES , IN C INSURER C : INSURER D : 29 DR ACK ERT LA NE INSURER E : COSTA MES A CA 9262 7-27 01 INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THI S IS TO CERTIF Y TH AT THE POLI CIE S OF IN SUR ANCE LI STED BELO W HAV E BEEN ISS UED TO THE IN SURED NAMED ABOV E FOR THE POLI CY PERI OD INDI CATED . NOTWITHST ANDIN G ANY REQUIREMENT , TERM OR CONDITI ON OF ANY CONTR AC T OR OTHER DO CUMENT WITH RE SPECT TO WHI CH THI S CERTIFI CAT E MAY BE ISS UED OR MAY PERT AIN , THE IN SUR ANCE AFF ORD ED BY THE POLI C)E S DE SC RIBED HEREIN IS SU BJE CT TO ALL THE TER MS , EXC LU SIONS AND CO NDITI ONS OF SUCH POLI CIE S. LI MIT S SHO WN MAY HAV E BEEN RED UC ED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE .,.,en "'"n POLICY NUMBER IMM/DD/YYYYl IMM/DD/Y YYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCC URRENC E $ -D CLAIMS-MADE D OCCUR DAMAGE TO REN TED PREM ISES /Ea occurrencel $ -MED EXP (Any one person) s PERSO NAL & ADV INJ URY $ - GEN'L AGGREGATE LIM IT APP LIE S PER: GE NERA L AGGR EGATE s ~ DPRO-D Loc POLI CY JEC T PRODUC TS -COMP/O P AGG $ OTHER: s AUTOMOBILE LIABILITY y COMB INED SI NGLE LI MIT $ /Ea accident\ -ANY AUT O 526 6 11 8-A 12-75 E 0 6/18/20 18 12/18/2018 BODI LY INJURY (Per person) s 1,000 ,000 A 2 OWNED 2 SC HEDULED BO DIL Y INJ URY (Per accident) $ 1,00 0 ,000 AUTOS ONL Y AU TOS HIRED NON -OWN ED 604 13 87-0 26-75 10/26/2 01 8 04/2 6/2 01 9 PROPER TY DAMAGE s 1,000 ,00 0 AUTOS ONLY AU TOS ON LY £Pe r acciden t\ $ UMBRELLA LIAB H OCCUR EAC H OCC URRENC E $ - EXCESS LIAB CLA IMS -MADE AGGREGAT E s DED I I RETENT ION $ s WORKERS COMPENSATION I PER I I OTH - AND EMPLOYERS ' LIABILITY STATU TE ER Y I N ANY PROPR IETOR/PARTNER/EXECU TIVE D E.L. EACH ACC IDENT $ OFFICER /MEMBER EXC LUDED ? N/A (M andatory in NH) E.L. DISEASE -EA EMP LOYE E S If yes, describe under DESCR IPTION OF OPERAT IONS bel ow E.L. DISEASE -POLI CY LI MIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 , Addition al Remar ks Sch edul e, may be att ach ed if more spa ce is required) CON S ULTANT ADDITON A L IN S URED : CITY OF CUPRTINO , INCLUDING ITS CITYU COUN C IL , BO ARD S , AND COMMISON S, OFFI CERS ,OFFIC ALS , AGENTS , EMPLOY EES , CON S ULTA NTS A ND VO LUNTEERS CERTIFICATE HOLDER C ITY OF CUPERTIN O 10 300 TORRE AV ENUE CUPERTINO CA 9 5014 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 REPRESENTAT IVE D CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 ACORD® CE RTIFICATE OF LIABILITY INSURANCE I DA TE (MM /DDIYYYY) ~ 1 1/1 3/20 1 8 THIS CERTIFICATE IS ISSUED AS A MATIER 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 polic y(ies) must have ADDITIONA L INSURED provisions or 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). PROD UC E R CO NT ACT NAME : GEI CO INS U RAN CE A GE N CY PHO NE I rti~ Nol: r A/C No Ext l : 1 Ge ico Blvd E-MAIL Fredericksb urg , VA 2241 2 A DDR ESS : IN S URERCS l AFFO RDING COVERA G E NAIC# IN SURER A: NorGUARD Insura n c e Compa n y 3147 0 INSURED INS URER S: Josep h D'Angelo And A ssoc iates, Inc . INS URER C : 29 Dr acke rt L n INSURER D : Ladera Ranc h , CA 926 94-1 400 INS URER E : IN SURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THI S IS TO CER TIF Y TH AT THE POLI CIE S OF INS UR AN CE LISTED BELOW HAVE BEE N ISSUED TO THE INS URED NAM ED ABOVE FOR THE POLICY PE RI OD INDI CA TED . NOTWI TH STAN DI NG ANY RE QUIRE MENT, TE RM OR CONDITIO N OF ANY CONTR ACT OR OT HER DOC UMENT WIT H RE SPE CT TO WHICH THI S CERTIFIC ATE MAY BE ISSU ED OR MAY PERTAIN, THE INS URAN CE AFFO RDED BY THE POLIC IES DES CRIB ED HEREI N IS SUBJECT TO ALL THE TERMS, EXCLUSIO NS AND CONDITION S OF SUCH PO LIC IES. LI MITS SHOWN MAY HAVE BEE N REDUCED BY PAID CLAIMS . IN SR ADDL SUBR POLICY EFF POLICY EXP LTR TY PE O F INS URAN C E INS D l wvo POLICY NUM BER CMM /DDIYYYYl CMMID DIYYYYl LI MITS COMM ERC IAL G ENERA L LIA BILIT Y E ACH OCCURRENCE $ 0 -:=J CL A IMS-M A DE D OCCU R D AMAGE T O RENTE D P REM ISES CEa occu rrence\ $ 0 M ED EX P (A ny one perso n) $ 0 - PERSONAL & ADV INJ URY $ 0 - GEN'L AGG REGATE LIMI T APPLIES PER : G ENERAL AGGREG ATE $ 0 Fl D PRO-D LOC PRODUCT S -COMP/OP AGG 0 POLICY J ECT $ OTHER : $ A UTOMOBIL E LIA BILITY COMBI NED S ING LE LIMI T $ CEa accident\ I---- ANY AUT O BODILY INJU RY (Per person) $ I----OWNED -SCHEDULED AUTOS O NLY AUTOS BODILY INJURY (Per accident) $ I----H IRED I---- NON-OWNED PROPERTY D A M AG E $ I----AUTOS ONLY I----AUTOS ON LY rPer accident\ $ U MBR EL LA LIAB H OCCUR E ACH O CCU RRENCE $ >-- EXCESS LIA B C L AIMS-M A DE AGGREGAT E $ OED I I RETENTION $ $ WOR K ER S CO M PE NSA T ION I PER I I OTH- AND EM PLOY ERS' LI A BILITY X STAT UTE E R Y /N ANYPROPRIETOR/PARTNER/EXEC UTIVE ~ 05/3 1/20 18 05/3 1/2019 E.L . E AC H ACCIDENT $ 1 0 0 0 000 A OF F IC ER /ME M BER EXC LUDED? N /A J OWC99 5 37 0 (M an d at o ry in NH) E.L DI SEAS E -EA EMPLOY EE s 1 00 0 0 0 0 If yes, describe und er E .L. DI SE ASE -PO LI CY LIMIT $ 1 0 0 0 000 DESCRIPTIO N O F OPERATI ONS below DESC RIPTI O N OF OPER ATIO N S / LOCATIONS / V EHICLES (ACORD 101, A ddrtio na l Rem arks Sc h ed ule, may b e attached if more s p ace is required) Ci t y o f Cupert ino, i n clud i ng its city co u nc il, board an d co mm iss ion s, o ffi cers, off ic ials, agents, em ployees , cons ulta n t s and v o luntee r s is n am e d as a ddit io nal i ns ured s u bject t o t h e po licy t e rm s and condi ti on s . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci t y o f Cupe r t i no THE EX PIRA TIO N DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE W ITH THE POLIC Y PROVISIONS . 1 0300 Torre A ve nu e C u perti no, CA 950 1 4 AU THORIZED REPRESE NTAT IVE a /x:10~ I © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) T h e ACORD name and logo are registered marks of ACORD ~~l" HI .SCOX Hiscox Insurance Company Inc. Policy Number: UDC -1986310-CGL-17 Named Insured : JOSEPH D'ANGELO AND ASSOCIATES , INC Endorsement Number: 18 Endorsement Effective : October 27, 2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or~anization(s) City of Cupertino, including its city council, board and commissions, office rs, officials, ag ents , employees, consultants and volunteers. 10300 Torre Ave. Cupertino.CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations . Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule , but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part , by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In th e performance of your ongoing operations; or B. In connection with your premises owned by or rented to you . CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 -.. HISCOX INSURANCE COMPANY INC. Endorsement 4 NAMED INSURED : JOSEPH D'ANGELO AND ASSOCIATES, INC E5000.1 Additional Insured f') e- HISCOX Page 1 of 1 In consideration of the premium charged , it is understood and agreed that the Policy is amended as follows : 1. In Clause VI. DEFINITIONS, paragraph V., "'You' or 'Your'," is amended to include the following at the end thereof: You or Your shall also include the below listed "ADDITIONAL INSURED(S)," but only for the Wrongful Acts of those contemplated in paragraphs 1., 2. or 3. of the definition of '"You' or 'Your": ADDITIONAL INSURED(S) City of Cupertino , including its city council, board and commissions, officers , officials , agents , employees , consultants and volunteers. 10300 Torre Ave. Cupertino, CA 95014 All other terms and conditions remain unchanged . Endorsement effective: October 27, 2017 Policy No.: UDC -198631 O-E0-17 Endorsement No: 4 By : Carl Bach (Appointed Representative) DPL E5000 CW (01/10) AGREEMENT BETWEEN THE CITY OF CUPERTINO AND D'ANGELO AND ASSOCIATES FOR DESIGN AND IMPLEMENTATION SERVICES FOR UPGRADE OF CONFERENCE ROOMS THIS AGREEMENT, is entered into this 14th day of October, 2017, by and between the CITY OF CUPERTINO , a California municipal corporation ("City"), and D ' Angelo and Associates , a sole proprietor whose address is 29 Drackert Lane, Ladera Ranch , CA 92694 (hereinafter referred 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 Cupertino 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 , 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 DESIGN AND IMPLEMENTATION SERVICES FOR UPGRADE OF CONFERENCE ROOMS upon the terms and conditions herein. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on 16 October, 2017 , and shall terminate on October 31 , 2018 , unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set fo1th in Exhibit "A" which is 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 Thi1ty-two thousand , six hundred dollars ($32 ,600.00) based on the rates and terms set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the es sence regarding the performance of this Agreement. 5. STANDARD OF CARE Pag e I of II Consultant contract-updated 2/2015 Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards oflike 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 . 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 contro l of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services . None of the benefits provided by City to its employees, including but not limited to , unemployment insurance , workers' compensation plans , vacation and sick leave are available from City to Consultant, its employees or agents . Deductions shall not be made for any state or federal taxes, FICA payments , PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items , ifrequired, 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 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. 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 ofrace, 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 1Z1 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 performed in connection w ith 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 an y person or damage to property or other liability of an y nature , whether physical , emotional , consequential or otherwise , arising out, pertaining to , or related to the performance of this A greement by Consultant or Consultant's employees , Page 2 of 11 Consultant contract-updated 2/2015 ... ' officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys ' fees of counsel of City 's choice , expeti 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 completion of the Services or termination of this Contract. 10 . INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish City with cetiificates 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 cetiificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail , Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted w ith the insurance certificates . B . Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance , Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein , a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C . Failure to secure or maintain insurance . If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City , its City Council , boards and commissions , officers , employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured . An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy . E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. Page 3 of 11 Consultant contract-updated 2/2015 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. Furthermore, the requirements for coverage and limits shall 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 warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of th is Agreement, and that it will not emp loy 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 ce1iain 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 otherwise , without prior written consent of City . Any attempt to do so without said consent shall be null and void , and any assignee , sublessee , hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general paiiner 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 . 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 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 provi s ion 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 Page 4 of 11 Consultant contract-updated 2/2015 manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further 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 all subcontractors to provide a valid ceriificate 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 term of this Agreement, all appropriate permits , certificates and licenses including, but not limited to , a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS A. Each and every report, draft, work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the ex clusive property of City. Consultant shall not copy right any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reporis created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City , and all publication rights are reserved to City. Consultant may retain a copy of any rep01i furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others ; (3) Subsequent additions to the original project; and/or (4) Other City projects as City deems appropriate. C. Consultant shall , at such time and in such form as City may require , furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reporis shall be copied on both sides of the paper except for one original , which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16. 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, 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 a nd 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 g ives City the right to examine and audit same, and to niake transcripts therefrom as necessary, and to allow inspection of all work, data , documents , proceedings and activities related to this Agreement. Such records , together Page 5 of 11 Consultant contract -update d 2/2015 with supporting 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 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. 17. NONAPPRQPRIATIQN This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate 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 portion 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, term, 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 cartridges; • 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 certified , addressed as hereinafter provided . All notices, demands , requests, or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave . Cupe1tino CA 95014 Attention: Bill Mitchell TO CONSUL TANT: Consultant contract-updated 2/2015 Page 6 o f 11 Joey G. D' Angelo D' Angelo and Associates 29 Drackert Lane Ladera Ranch , CA 92694 20. TERMINATION In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate 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 written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination 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 perform its material obligations under this Agreement. Upon termination , Consultant shall immediately 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 given to Consultant, in connection with this Agreement. Such materials shall become the property 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 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 Superior Court of the County of Santa Clara, State of California. 23. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted, exhibited , displayed any signs , advertising, show bills , lithographs , posters or cards of an y 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 bre a ch of any term , covenant, or condition contained Page 7 of 11 Consultant contr act-updated 2/2015 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 , and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. 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 respective legal entities. 27. INSERTED PROVISIONS Each provision and clause required by la w to be inse1ied into the Agreement sha ll 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 inse1ied or is not correctly inserted , the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS AND TERMS 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. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF , the paiiies have caused the Agreement to be executed. CONSULTANT Joey G. D ' Angelo By: Title: President Date: October 14 , 2017 Consultant contract-updated 2/2015 CITY OF CUPERTINO A Municipal Corporation ~it~ Date: /~·/'?·~ZJl'r D Over $175 ,000-Cou ncil Approval Required D Ove r $45 ,000 -Department Head Approval Required l8J Up to $45 ,000 -Des ignated Supervisor Approval Required Page 8 of 11 City Attorney ATTEST: ~~'Jr APPROVED AS TO FORM: City Clerk ~~ ~ ~t)<) l_ () l-\ !tot(\ CL r'f .A;,tl)-t-10 £ \( Exhibits: (Check box fo r exhi J ts that a ppl y to thi s contra ct and attach) IZI Exhibit "A " -Scope of Services [ZJ Exhibit "D " -Insurance Requirements and Proof of Insurance EXPENDITURE DISTRIBUTION A C C O UNT NUMBER AMOUN T PO # 2018-00000 Original Contract: (Account $32,600.00 Number) 615-31-305 700-702 Amendment #1 (date change only) $0.00 Amendment #2: $0.00 Total: $32,600.00 Page 9 o f 11 Consultant contract -updated 2/2015 I l-~.-/1 Attachment A Fe bru ary 28, 2 017 Pete Colgianese Mu ltim edia Comm uni cation s Specialist C ity of Cupertino Cupertino City Hall Attn: Video Department 10300 Torre Avenue City of Cupertino, CA 95014 Office : 408 .777.1358 Em : peterc@cupertino.org Subject: City ofCupertino- Proposal for Consulting Services Dear Peter: D ~\NCELO A N D A SSOCIATES On behalf of D' Angelo and Ass ociates (DNA), we 'd like to thank you for the opportunity to pre se nt you w ith this proposal. Pur suant to our meeting of 23 January, we understand that The City of Cupertino will be updating 6 conference rooms throughout city li mits. They are as follows: o City Hall Conference Room A (15 persons), o City Hall Conference Room C (20 persons), o City Hall Conference Room D (10 persons), o Senior Center Conference Room (15 persons), o Quinlan Community Center Conference Room (20 persons), o Senior Center Bay multipurpose Room (SO persons). Ou r scope of services is outlined below, and since it wil l be spread out over a yea r, with most the construction (if necessary) handled by City Public Wo r ks , it will be unique and precisely outlined, to ma ximize the value our services provides for the City. SCOPE OF SERVICES Programming/Schematic Design: Typical to ou r programmatic scope of work are the following services: o Meet with you and your project team to review the current de sign and determine the required audio/visual/video system functions and/or operational characteristics. o Verify the ex pected level of audio/visual quality, and the proposed installation budget. o Issue a preliminary systems description in writing to establish an agreed upon de sig n path . o Develop an est i mated equipment list, which will define the est imated co st of the project including labor. o Issue preliminary space and in fra structure requirements for audio/vi su al systems to the architect or Public Works. o Provide aid in any architectural integration ta sks that need timely accomplishment. We assume up to 2 meetings during this phase to discuss system issues or sy stem configurations with the client/owner/Publ ic Works . Additional meetings can be requested , but for the purposes of budgeting, the time associated with this phase and proposal, we have anticipated 2 meetings total. All meetings are assumed in the San Francisco Bay Area . Electrical : Based on our experience, we will provide the following services during this phase : o Design an electrical infrastructure around the agreed upon programmatic design path . o Specify conduit, backboxes, floorboxes, and terminal cabinets via wet stamped drawings that should be given to the project's electrical engineer and/or electrical contractor. o Continue to provide architectural integration details and information . Design development: Based on the established programming document, we will: o Develop audio/visual/v.ideo functional diagrams. o Build or test mock ups as needed. o Further develop equipment lists and cost estimates . o Continue to assist with integration of audio/visual elements into the architecture and millwork by providing additional conceptual sketches and equipment literature as required. We assume up to 2 meetings during this phase to discuss system issues or system configurations with the client/owner/Public Works. Additional meetings can be requested , but for the purposes of budgeting, the time associated with this phase and proposal, we have anticipated 2 meetings total. All meetings are assumed in the San Francisco Bay Area . Construction Documents : We will deliver a three-part Construction Specification Institute formatted audio/visual/video system specification and the following full size drawings for inclusion into the project set/bid documentation. o Audio/visual Floor plan o Audio/visual details, equipment rack, and other elevations o Receptacle plate details o Single line audio/video/control functional diagrams o Conduit Riser Diagrams o Architectural Coordination Detail Sheets Bidding Phase: During the project's bidding process, we can assist by providing the following services: o Provide a list of qual ified audio/visual contractors . o Respond to contractor RFI o Review submitted bids to help verify that the contract documents have been correctly interpreted . o Issue written memoranda documenting all reviews and RFl's. o Provide a contractor pre-bid walkthrough at the job site . ~\NCELO ~N D A SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415 -377-7107 J www.dang eloconsul t ants.com Construction Ad ministration : During this phase, we will : o Review contractor submittals . o Evaluate proposed substitutions. o Continue to respond to contractor requests for clarification o Upon receipt of the specified audio/visual/video contractor's preliminary testing and adjustment report, we will visit the site with the audio/visual/video contractor and perform acceptance testing and adjustment as we find appropriate . o Issue a memorandum report indicating the system status o Provide a contra ctor punch list. Since this phase will be staggered, we will visit the site(s) as deemed appropriate by City project personnel for a flat rate, as needed. FEES We p lan to provide our serv ices in accordance with the accompanying Terms and Cond ition s sheet. We consult largely because we enjoy it, not necessarily for a profit, and we strive to set our fees at a level commensurate to the value we can bring our client s. Audiovisual Schematic Design ............................................................................................................................................ $6 ,500 Design Development ...................................................................................................................................... $5,400 Construction Documents ................................................................................................................................ $6 ,000 Bidding and Negotiation ................................................................................................................................. $4,000 Construction Administration .......................................................................................................................... $8 ,000 Estimated Ex penses ........................................................................................................................................ $2,700 Total $32 ,600 Commissioning Site Visits , Per Room , As Authorized ..................................................................................... $1 ,200 ASSUMPTIONS & ADDITIONAL SERVICES The following tasks are not included in the above scope of services and fee estimate. Should these se rvices become necessary, we can provide an additional proposal. o We assume that The City has drawings of each confe renc e room, and that they will be provided to us for usage on the project. o Additional meetings outside beyond the number indicated above if applicable , if the project fee status doe s not afford it. o Sound masking system design o Acoustical de sig n o Environm ental noise analysis o Ground-borne and structural vibration o Acous t ical measurements o Witnessi ng performance tests D ~\NCELO ~N D A SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415 -377 -7107 I www.d angeloconsultants.com o Acoustical models and prototype testing , including acoustical simu lations o LEED documentation assoc iated w ith acoustics, AV , ortelecom. o CALGreen acoustical requirements We look forward to the possibility of working with the City of Cupertino aga in on this interest ing project. Plea se do not he sitate to contact us should you require further information . Sincerely, D 'ANGE LO AND ASSOC IATES, INC. Joey G. D' Angelo Pres ide nt Enclo sure - AGREE D AND ACCEPTE D By : ____________ _ Date: ____________ _ D ~\NCELO ~N D A SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415-377-7107 I www.danqeloconsu ltants.com TERMS AND CON DITIO NS Insurance General Liability ....................................................................................................................................... $2,000,000 Workers Compensation ........................................................................................................................... $1,000 ,000 Automobi le Liability ................................................................................................................................. $2,000 ,000 Professional Liability ("Errors and Omissions"): Professional liability of D' Angelo Associates , Inc. (DNA), its office rs, emp loyees, and sub-consultants is limited to $50,000 or our total fee, whichever is less . The above limitation of professional liability can be increased to the limit of our insurance policy ($1 ,000,000) by increasing our total fee by 10% prior to start of our services . Schedule of Hourly Rates (if working hourly) President and Vice President... ..................................................................................................................... $275/hr Senior Consultant ......................................................................................................................................... $195/hr Consultant .................................................................................................................................................... $135/hr Technical Assistant ......................................................................................................................................... $75/hr Fee proposals are valid for 60 days . The total fee will be applied as we deem appropriate among the individual tasks . All fee proposals assume that services proceed without unreasonable delays , redesign, or scope changes. Such occurrences may warrant a renegotiation of fees . The schedule of hourly rates is valid for one year from the proposal date . A renegotiation of our hourly rates may be required after this period. Invo ices for technical labor, reimbursable expenses , and i nstrumentation use are rendered monthly for services performed during the previous month. Payment for each invoice is due within 30 days . Re imbursable ex penses such as travel , subsistence, meals, lodging, and project-related materials are billed in addition at cost. Measurement instrumentation-use charges are at our standard rates. DNA specifications input and details have all rights reserved by D'Angelo and Ass ociates, Inc. These documents are for use only on the project for which D' Angelo and Associates , Inc . is retained . It is the project architect's and engineer's responsibility to coordinate and verify the suitability of all specifications input and details as appropriate for the project. Site visits and observations, if any, conducted by our firm relate only to our services. We are not re sponsible for the safety of others at the job site. D ~\NCELO~ D A SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 I 415 -377-7107 I www.danqe loconsultants.com Contract No . __ _ Exhibit D Insurance Reguirements and Proof oflnsurance 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: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500 ,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence $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: (4) 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 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. 11 Cupertino Standard Form Contract-updalcd 2/2015 ACORD13 CERTIFICATE OF LIAB ILITY INSURANCE I DATE (JilM.IDD!YYYY) ~ 0512&12017 THIS CERTIFICATE IS I SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND; EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF I NSURANC E DOES NOT CONSTITUTE A CONTRACT BETWEEN THE I SSUING lNSURER(S), AUTHORIZED REPRES ENTATIVE OR PRODUCER, AND THE CERTJFICATE HOLDER IMPORTANT: If the certificate holder is an AODmONAL INSURED, the pofic~•(iesl must be endorsed. If SUBROGATION lS WAIVED, subj ect to the te-rrns and conditions of the-policy, ce-rtain policie-s may re-q uire an endorse-ment. A statement on th.is certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUC.'Eit ~~"!~CT Hiscox lf'IC. dl b/al Hiscox In surance Agency i n CA PHOliE (888) 202-3007 I;~··-~-•ca-w .... ,::;-"•· 520 Madi son Avenue E,t,1411. oor,tact@hi scox.com ,nn~r .. , 32nd Floor INtURERt .t, A.FF()ROUA0 COVERAGE NAICf New York. m mo22 Ul!-UR'ERA : Hi scox Insurance Com1>anv Inc 1D20Q ffi 3-UR B) llUURERS: JOSEPH D'ANGELO AND .a.SSOCI ATES. It C fli&-URERC: 21! DR.O.CI\E RT LANE Ui!UR.ERD: IMS.UAER E :: LADERA RANC H CA 926M 01!.URERF: COVERAG ES CERTIFICATE NUMBER: REVISION NUMB ER : THIS IS TO CERTIFY THAT TH E POLICIES OF INSURANC E l1STEO BELO'W HAVE SEEN ISSU ED TO TH E INSURED NAMED ABOV E FOR TH E POLICY PERIOD INDICATED _ N01WITHSTAND1NG ANY REQUIREMENT , TERM OR CONDffiON OF ANY COITTRAC T OR 01HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU ED OR MAY PERTAIN. TrlE INSU RA;NCE AFFORDED BY TH E POLIC IES DESCRIBED HEREI N ts SUBJECT TO ALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH PO LI CI ES . LI MIT S SHOWN MAY HAVE BEE N REDUCED BY PAI D Ct.AIMS . A TYPE OF JN l:URAHCE X COMW:ERCIA.L GENERAL LIABILITY =o CL"-11AS-W.~DE [X] OOCUFi -------------------------- t;.EN'L AGGREGATE LMrT A.;F !CS FER: oo POLI~"-D r;~ D LO C n -Or,ieR- AU.lOMOBILE LlA BIUTY At\'YAUTO -ALL C'IINED _ Alli0-3 t-'-.HREO A.!JT03 UMBRELLA LIAS El{CEU UAB -SCHEOULEO A\JT03 NON-O'h'N :'.O _ ,41.VT03 om I I P.ETEt.-r1mu A.ODL tUBR .... ~• ... 1w ... n WO<AK ER&=COMPEN!A.TION AN Dat?t.OYERS• LIABI LITY ~"N'l"?ROPRI EiCR.,F.AR:iNE?.'EECUTl\:E O?FlCEfuV.:JJ..BER EXCLUC.€0~ -tM.?Dlf!Mory l o NHJ Y I H D N J A tf 'l·~~. d8cribe. under OESCR!FTICN OF OPS,::::::ATION'S ti~itr~ POUCY H UMSER UDC-198fi310-CGL-17 __ POLICYEFF POLICY EXP ····-n .. ··-LIMITS EAC HOC-CURri.;NCE. OMi,\GE iO RENTED ?R;:;:::M !""~~ ic,. ~.-~ur.-_,,..,...'i ~ 1,000,000 I 100.000 05125!20'17 05/26/2018 ... P_E_R_a_Cl<'_l'._L _~_,.,_o ,_· _1t1_J~_•R_Y_-+-~_1_._oo_o~·~o_oo ___ _, ~ 2 ,000,000 PR-OCXJGTS -C-Olr.1Pl 0 P -"-GG ~ SIT Gen. AoQ. -COM2 i\l:O 8WGLE LlfAff 1:::::, ..... r-.... 'l S·OOILY iNJUF.Y :Fer-p~:m) l SOOIL Y INJURY 1?e l!O:C:.IOent; J. PROP ERTY 0 ,'1.V,t;<; i!=~ot:~·;'-.t·, EACH OCCURRENCE. I CTH.' •a E .L E :t..C H AC,:.JDS."lf $ E .L. OIZE.ASE -?OUCY LIMliT ~ D E !CRIPTIOH ·OF OPE.RA TIONt-J LOCAll.ONi. I VEHICLE! fA.cOR O 101 , Addtt).jn_.al Re:m8b. &oll~uJe ~ mziy be: ~tt.!.ohed tf rnon ~~oe fc;: requln,cO CERTIFICATE H OLDER CANCELLATION SHOULD AHY OF THE ABOVE DESCRIBED POLICI ES BE CANC ELLED BEFOR E TH E EXPIRATION DATE THEREOF, NOTIC E WILL BE DELIV ERED IN AC CORDANC E WITH THE POLICY PRO\'IS IONS. AUTHORIZED REPilE!Eh""T A.T&'E ~~.!~ I © 1988 -2014 ACORD CORPORATION. All rights res erved. ACORD 25 (2014101) The ACORD name and l ogo are registered marks of ACORD ©1988-20 14 ACORD CORPORATION . A ll rights reserved . ACORD 25 (2016/03) Th e ACOR D name and logo a re regis tered marks of ACOR D I I I ACORD/(J CERTIFICATE OF L IAB ILJTY INSURANCE I DATE (l(MJOO'IITYY] ~, 05126!2017 THIS CERTlHCATE IS ,ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIRCATE HOLDER THIS CERTIACATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THfS C ERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BET\'VEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE C ERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the ;policy(ies) must be endorsed. If SUBROGATION IS· WAIVED, subj ect to the tenns 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 endorsementls). PRODUCeR CONTACT .. , .. ~- Hiscox lrn:. dlb/a/ Hiscox Insurance Agency in. CA PHO.HE f88B) 202-3007 1-r.:,~ .. _~ i~,Y'c Nn ~-,fr 520 Madison Avenu e E-Nldl. contact@hi scox.com ,.nn-:·c••· 32nd Floor IN tORER,$l AFFORDING COVE RA CJ.£ NAIC·"t t·Sew York, NY 10022 UH.UR.E R A: Hi scox l nsurance Comi:,anv Inc 1D20D IH!UREO ffl &URER.S: J OSEPH D'At GELO AND ASSOCIATES. INC IH 3UR.E:RC: 2'tJ DRACK ERT LANE L"i Z.UR.ERD: l!UUR E!! E : LADERA RANCH CA Q'.25B4 UU URJ!:11:f : COVERAG ES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTI FY THAT THE POLICI ES OF INSURANC E LISTED BELOW HA.VE BEEN IS SU ED TO TH E INSURED NAMED ABOVE FOR TH E POLICY PERIOD INDICATED. NOTW ITH STANDI NG ANY REOUIREMSNT, TERM OR CONDITION OF ANY CONTRACT OR 01HER DOCUMENT Wi ni RESPECT TO WHICH TI-IIS CERTIFICATE MAY BE ISSU ED OR MAY PERTAIN , THE ltiWRANGE AFFORD ED BY TH E PO LICIES DESCRIBED HE REI N IS SUBJECT T O AL L THE TE RMS . EXCLUSIONS AND CONDITION S OF SUCH POLIC I ES . LI MITS SHOWN MA. Y HAVE BEEN REDUCED BY PAID CLAJMS. A TIPE OF IN i:URANCE ·COMJitEP.CIAL GENERAL LlA.SIUTl' =o .CL ... ,a,.,;i.v . .oe o OCO.J R >--------------- GEt.f'L~!?GRE SATELN ff A==·;::LfES PER: R POLIC-Y D ~gg;. D LOC OTH!:Ni: I..U'TOMOBIL: UA.BIUTY - l',NY,4\VTO --ALL O'llNED _ AU70S SCH EDULED -~.;'NNEO HRE O AU T OS A!LJ TC3 t--lJMBP.EU.A U A.B H OCCUR: EXC Et.t LIAS CL\.U,t&-M.~D E OSD I I RETE NilON l \\'OF.KEAi COMPEN:tATIOt4 AN!O EWPt.OYER!' t.lA BI UTY A'i'Yi=ROFRI E !OR.PARTNE R!EXE.CUTIVE OFF1Cefu'W.2!J:;enex:cL.UCEO! IM.:.ndD'tal)'ln t,H } gJ;;J:fti~ ~nF!t~p:=~r.~N3lbe!et•· Professional Liability Y I H ON rA .POLICY H UMBER UOC-198631 O-E0-17 PO UCYEFF POLICY EXP .. ~_.._.1..,.D;..,,,...,..,,.. LIMITZ EACH OCCU RF..:NC:: -0!1.J.l."-G~ 70 REN', c D FR!=M'S '" cc ~ !En ,,.,~. '"'~~~\ ?ER S.Ofi..4.l &~A.ti''.' 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ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILI TY INSURANCE 0.1o l £ {MM!Ob/YY <YJ 0 6}01/_2017 TH JS CERTJFICATE I S lSSUEO AS A MATIER OF INFORMATIO N ONLY ANO COlllFERS NO RIGHtS UPON TH E CERTIFLCAT!! HOL.OER. THIS CERTIF ICATE DOE$ ~rot Al"l'fRMATIVeLY OR NEGATIVELY AMEND, EXTEND OR AUER TH E COVERAGE AFFOROEO aY TH f i>O L ICli;S BELOW. i"tt!S CE:RTIFIC,UE OF IN SURANCE DOES NOT CON$ilTl .. ltl: A CO N TRACT B ETWEEN THE ISSUING INSURER(SJ, AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO TH E CERTIFICAllii HOLDER. I MPO RTAN T: If fue ce rtificate tiocd er Is an AOOmO NAL INSURED, the policy(ies) must 'ha,11e APO,J TIO IWU. I SURED p r ovii;jo1t s or be endorsed, ll SUBROGATION IS WAIVED ., sui)Ject lo tho te rms and' condi tion s or ttie policy, C'ertllin policies m.3Y rt(!uir(' an endors ement. A sfaiement c:m this cer1ilicate d<lf!s not confer ti h h; to th e ce rtificate f>o lder ln lieu of S;Uch eM;,,o,.r_se:_m_· _cn_t1.,,s ... J_. --------------------! l'llOC!UCER GEICO INS URA NCE AG ENCY 1 Gl!ico Slvd Frede ri cksbu rg , VA 224 :1.2 ltl iS UREO i ~~J:it f P. Bi _.!_~ITT""_,'\ii'.R O Jmmrnom Con:i~~ .11'S'J ~ER c, ........ . JOSEPH D 'ANGELO ANO ASSO CI A.T ES , JN C 29 Dr ackett Ln JNWAllR .D: ... . . ········-··,,·-·------+-----· L.idera Ran.ch, CA 92694-1-100 rns1.I P.ERE : INSURER F : COVERAGES CERTIFtCA'tE NIJ l,1EiER: Re.VISION NUMB ER : iHfS is i'O t~RTI FY TK/1. T THE POUCIES Of lf'.'!S UF.ANCE u s ,r,;o 61;1...0W M/We llSEl4 f,$$UED TO 'TH', I NSURED NAMEO ABOVE . FOR Ti£ POl lCY PERIO D lhOICATEO. t 4:>'i\l,,THSTANOI ».-Nf'f R!i;QV:REMEITT. TER M OR OONO!T!ON Oi' AN¥ CONTRACT OR OTHER OCctJ MENl' WITH RESP.EC'T To IJ\/HlCH THIS CEITT IFJCAT E IIL'\Y BE ltl-S',JEO OR MA Y PE;R TAIN. IBE INSURANCE AFFOROEO BY THE': POLICI ES D1ic$CR1 6EO :Hl;R!:IN 1$ SVBJ!:CT TO AU. TH!:c i E:1<MS , EX CLU SIONS ANO c c rscrnoNS OF SUC H POUC1 E5 . 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All rig hts reserved , The ACOR D n ame and logo are reg istered marks o f ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/16/20 17 THIS CERTIFICATE IS ISSUED AS A MATIER 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 have ADDITIONAL INSURED provisions or 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 cert ificate holder in lieu of such endorsement(s). PRODU CER CON TACT R YAN D W IGHT O R JUNE HILBER T NAME : State Farm R Y A N D W IG HT LI C ENSE: OH76 7 5 1 ;.~~NJ0 ~.n. (71 4) 432-8 170 I rt ~ Nol: (949) 209-3387 A ® STATE F A R M INSURANC E ~oMlJ~ss: JUNE .HILBERT.170 N @ STATEFARM.CO M 150 P A ULARINO AVENUE STE D-1 9 0 INSURER (S) AFFORDING COVERAGE NAIC # COSTA M ESA C A 92626-330 1 INSURER A : S ta t e F a rm F ir e a nd C asu alty Compa n y 25 143 INSURED INSURE R B: D'AN GELO A ND ASSOCI ATES, IN C INSURER C : INSURER D : 29 DRACKERT L A NE INSURER E : COSTA MESA CA 92626-2701 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: T HI S IS TO C ERTI FY TH AT TH E POLICIE S OF IN S U RANCE LISTED BELOW HAVE B EE N ISS UED T O TH E INSURED NAMED A BOVE FOR T H E PO LI CY PER IOD IN DI CATED. NOTWITHSTANDI NG ANY REQUIREM ENT, TERM OR CONDI TI ON O F ANY CONT RACT OR OTH E R D OC UM E NT WITH R ES PECT T O WH ICH THIS C E RTIFICATE MAY BE ISSUED OR MAY PERTA IN, THE INSU RANCE A FFORDED BY THE PO LI CI ES DESC RIB ED HER EIN IS S U BJ ECT TO A LL TH E TERMS, EXC LUSIONS AN D COND ITI O N S OF SU CH P OLI CI ES. LI MITS S HOWN MAY HAVE BEEN R EDU C ED BY PA ID C LA IMS. INSR ADDL SUBR POLICY EFF POLI CY EXP LTR TYPE OF INSURANCE ,.,on ,.n,n POLIC Y NUMBER IMM /DD /YYYYl IMM /DD NYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ =:J CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES fEa occurrence) $ f-- MED EXP (Any one person) $ PERSONAL & ADV INJURY $ - GEN'L AGGREGATE LI MIT APP LI ES PER: GE NERA L AGGREGATE $ ~ DPRO-DLOC PRODUCTS -COMP/OP AGG $ PO LI CY JECT OTHER: $ AUTO MOBILE LIAB ILITY 526 6 1 18-A12-75 07/12/2017 0 1/12/20 18 COMBINED SINGLE LIMIT $ (Ea accidentl ~ ANY AUTO BODI LY INJURY (Per person) $ 1 ,000,000 A ~ OWNED ~ SCHEDU LED BODILY INJURY (Per accident) $ 1 ,0 00,000 AUTOS ON LY AU TOS HIRED NON-OWNED iP~?~;cfdi;;:;t?AMAGE $ 1,0 0 0 ,000 AU TOS ON LY AUTOS ON LY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIA B CLAIMS-MADE AGGREGATE s DED I I RETEN TI ON $ $ WORKERS COMPENSATION 1 mTUTE 1 I OTH - AND EMPLO YERS' LIABILITY ER Y/N ANY PR OPRIETOR/PART NER/EXEC UT IVE D E.L. EACH ACCIDE NT $ OF FIC ER/M EMB ER EXC LUDED? N /A (Ma nd atory In NH) E.L. DISEASE -EA EMP LOYE E s If yes, describe under E.L. DISEASE· POLICY LI MIT $ DESCRIPT ION OF OPERAT IONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 , Additiona l Remarks Sch edul e, may be atta ched if more space is required) CONS ULTANT CERTIFICATE HOLDER 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 REP RE SENTATIVE I ~y* V © 1988-2015 ACORD CORPORATION . All rights re served . ACORD 25 (2016/03) The ACORD name a nd logo are registered marks of ACORD 1001486 132849.12 03-16-2016 ~t~ HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-1986310-CGL-17 Named Insured: JOSEPH D'ANGELO AND ASSOCIATES , INC Endorsement Number: 18 Endorsement Effective: October 27, 2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Cupertino , including its city council, board and commissions, officers, officials, agents , employees, consultants and volunteers . 10300 Torre Ave . Cupertino.CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations . Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule , but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 HISCOX INSURANCE COMPANY INC. Endorsement 4 NAMED INSURED : JOSEPH D'ANGELO AND ASSOCIATES , INC E5000.1 Additional Insured ..,,~ HISCOX Page 1 of 1 In consideration of the premium charged , it is understood and agreed that the Policy is amended as follows: 1. In Clause VI. DEFINITIONS, paragraph V ., "'You' or 'Your'," is amended to include the following at the end thereof: You or Your shall also include the below listed "ADDITIONAL INSURED(S)," but only for the Wrongful Acts of those contemplated in paragraphs 1., 2. or 3. of the definition of '"You' or 'Your'": ADDITIONAL INSURED(S) City of Cupertino, including its city council , board and commissions, officers , officials, agents , employees , consultants and volunteers . 10300 Torre Ave. Cupertino , CA 95014 All other terms and conditions remain unchanged. Endorsement effective: October 27 , 2017 Policy No.: UDC-198631 O-E0-17 Endorsement No: 4 By : Carl Bach (Appointed Representative) DPL E5000 CW (01/10)