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17-182 Jana Sokale, Environmental Consulting Services for Stevens Creek Corridor Park and RestorationSECOND AMENDMENT TO AGREEMENT 17-182 BETWEEN THE CITY OF CUPERTINO AND JANA SOKALE FOR ENVIRONMENTAL CONSULTING SERVICES This Second Amendment to Agreement 17-182 between the City of Cupertino and Jana Sokale, for reference dated June 21, 2020 is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Jana Sokale, a sole proprietorship (“Contractor”) whose address is 7788 Hazelnut Dr, Newark, CA 94560, and is made with reference to the following: RECITALS: A. On December 19, 2017, Agreement 17-182 (“Agreement”) was entered into by and between City and Contractor for Environmental Consulting Services. B. On June 24, 2019, City and Contractor agreed to the First Amendment for Environmental Consulting Services. C. The Agreement and the First Amendment are collectively referred to as the “Agreement” unless otherwise indicated. D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Time of Performance Paragraph 3 of the Agreement is modified to read as follows: 3.1 This Agreement begins on the Effective Date and ends on June 30, 2021 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall be completed by June 30, 2021. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 2. Exhibit B and the insurance documents are replaced with new Exhibit B and updated insurance documents attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONTRACTOR By Title Date CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Jana Sokale Principal Planner Jun 29, 2020 Heather M. Minner Jul 1, 2020 Assistant Director of Public Works Jul 1, 2020 Revised: April 30, 2020 – Services Agreements 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. As long as required by the operative Health Order or other Health Laws, these measures shall include, but are not limited to, the following: 1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to any project site or any work area to workers who are necessary to perform in-person work. Require non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. 2. Distancing. Where workers perform in-person work at a project site or a work area, prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception Revised: April 30, 2020 – Services Agreements 2 of any physical contact required for worker safety or to comply with safety Laws. Prohibit workers from sharing a vehicle. E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. 1229192.7 Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Sept. 2019 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 October 17, 2019 City of Cupertino Attn: Gail Seeds Parks & Rec Dept. 10185 N STELLING RD CUPERTINO CA 95014-5732 Account Information: Policy Holder Details :JANA SOKALE ENVIRONMENTAL PLANNING Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone:(866) 467-8730 Fax:(888) 443-6112 Email:agency.services@thehartford.com Website:https://business.thehartford.com Enclosed please find a for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/17/2019 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 SUBROGATIONIS 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 MCGRIFF INSURANCE SERVICES INC/PHS 72180672 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78265 CONTACT NAME: PHONE (A/C, No, Ext): (866) 467-8730 FAX (A/C, No): (888) 443-6112 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED JANA SOKALE ENVIRONMENTAL PLANNING 7788 HAZELNUT DR NEWARK CA 94560-2234 INSURER A :Sentinel Insurance Company Ltd.11000 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS A COMMERCIAL GENERAL LIABILITY X 72 SBA EI2287 11/15/2019 11/15/2020 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 X General Liability MED EXP (Any one person)$10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 POLICY PRO- JECT X LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 72 SBA EI2287 11/15/2019 11/15/2020 COMBINED SINGLE LIMIT (Ea accident)$2,000,000 ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Please see additional remarks on attached Acord Form 101 (page 2 of 2). CERTIFICATE HOLDER CANCELLATION City of Cupertino Attn: Gail Seeds Parks & Rec Dept. 10185 N STELLING RD CUPERTINO CA 95014-5732 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD A+, XV ACORD 101 (2014/01)© 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC# : ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY MCGRIFF INSURANCE SERVICES INC/PHS NAMED INSURED JANA SOKALE ENVIRONMENTAL PLANNING 7788 HAZELNUT DR NEWARK CA 94560-2234 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER:ACORD 25 FORM TITLE:CERTIFICATE OF LIABILITY INSURANCE Certificate holder and the City of Cuprertino, its city council, officers , and officials, employees, agents, servants, and volunteers are additional insured per Additional Insured: Owners, Lessees, or Contractors; Scheduled Person or Organization Form SS4170 and Additional Insured: Owners, Lessees or Contractors; Completed Operations form SS4171, attached to this policy. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY Y/N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 064990523- 04 11/14/19 11/14/20AProfessional Liability EACH OCCURANCE DAMAGE TO RENTED PREMISES (Ea occurance) MED EXP (Any one person) PERSONAL & AND INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG BODILY INJURY (Per person) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURANCE AGGREGATE WC STATU- TORY LIMITS OTHER E.L. EACH ACCIDENT E.L. DISESAE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 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 REPRESENTATIVE N/A $1,000,000 $1,000,000 Per Occurrence: Annual Aggregate: INSURER D: CorRisk Solutions 180 N Stetson Ave Suite 4500 Chicago, IL 60601 Jana Sokale, Environmental Planning 7788 Hazelnut Drive Newark, CA 94560 CERTIFICATE OF LIABILITY INSURANCE INSURED PRODUCER 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. COVERAGES DATE (MM/DD/YYYY) 10/28/2019 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURER C: New Hampshire Insurance Company 23841 TYPE OF INSURANCEINSR LTR ADD'L INSRD POLICY NUMBER POLICY EXP (MM/DD/YYYY)LIMITSPOLICY EFF (MM/DD/YYYY) SUBR WVD CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: 312-637-8755 Karen Bronson kbronson@corrisksolutions.com FAX (A/C, No, Ext): CERTIFICATE NUMBER:REVISION NUMBER: City of Cupertino Attention: Gail Seeds 10300 Torre Avenue Cupertino, CA 95014 Stevens Creek Corridor Park and Restoration Project 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). INSURER E: INSURER F: COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR POLICY PROJECT LOC ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED RETENTION $ OCCUR CLAIMS MADE DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY The ACORD name and logo are registered marks of ACORD ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. Allrights reserved. A, XV Jana Sokale Amendment to City of Cupertino Agreement for Environmental Consulting Final Audit Report 2020-07-01 Created:2020-06-29 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAs1fgE27FC3vX44YMH6i2DE_ouvp8t44C "Jana Sokale Amendment to City of Cupertino Agreement for En vironmental Consulting" History Document created by Julia Kinst (juliak@cupertino.org) 2020-06-29 - 2:28:53 PM GMT- IP address: 64.178.242.16 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2020-06-29 - 2:28:59 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-06-29 - 2:29:38 PM GMT - Time Source: server- IP address: 64.178.242.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-06-29 - 2:29:40 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-06-29 - 2:45:14 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to janasle@aol.com for signature 2020-06-29 - 2:45:17 PM GMT Email sent to janasle@aol.com bounced and could not be delivered 2020-06-29 - 2:45:19 PM GMT Julia Kinst (juliak@cupertino.org) replaced signer janasle@aol.com with Jana Sokale (janaslc@aol.com) 2020-06-29 - 5:05:08 PM GMT- IP address: 64.178.242.16 Document emailed to Jana Sokale (janaslc@aol.com) for signature 2020-06-29 - 5:05:08 PM GMT Email sent to janasle@aol.com bounced and could not be delivered 2020-06-29 - 5:05:19 PM GMT Email viewed by Jana Sokale (janaslc@aol.com) 2020-06-29 - 5:07:39 PM GMT- IP address: 69.147.91.62 Document e-signed by Jana Sokale (janaslc@aol.com) Signature Date: 2020-06-29 - 5:09:17 PM GMT - Time Source: server- IP address: 108.67.0.93 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-06-29 - 5:09:18 PM GMT Email sent to Jana Sokale (janaslc@aol.com) bounced and could not be delivered 2020-06-29 - 5:09:19 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-06-30 - 10:57:23 PM GMT- IP address: 45.41.142.166 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-06-30 - 10:58:09 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2020-06-30 - 10:58:11 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2020-07-01 - 8:33:18 PM GMT- IP address: 104.47.46.254 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2020-07-01 - 8:34:05 PM GMT - Time Source: server- IP address: 67.164.60.41 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-07-01 - 8:34:09 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-07-01 - 8:34:52 PM GMT- IP address: 104.47.45.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-07-01 - 8:35:00 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Kirsten Squarcia (kirstens@cupertino.org), Jana Sokale (janaslc@aol.com), Chad Mosley (chadm@cupertino.org), Julia Kinst (juliak@cupertino.org), and 4 more 2020-07-01 - 8:35:00 PM GMT FIRST AMENDMENT TO AGREEMENT 17-182 BETWEEN THE CITY OF CUPERTINO AND JANA SOKALE FOR ENVIRONMENTAL CONSULTING SERVICES This First Amendment to Agreement 17-182 between the City of Cupertino and Jana Sokale, for reference dated June 24, 2019 is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Jana Sokale, a sole proprietorship ("Consultant") whose address is 7788 Hazelnut Drive, Newark, CA 94560, and is made with reference to the following: RECITALS: A. On December 19, 2017, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Environmental Consulting Services. The agreement will expire on June 30, 2019. B. The Agreement and the First Amendment are collectively referred to as the "Agreement" unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Time of Performance Paragraph 3 of the Agreement is modified to read as follows: 3.1 This Agreement begins on the Effective Date and ends on June 30, 2020 I ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on December 19, 2017 and shall be completed by June 30, 2020. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 2. The following Exhibits to the Agreement, are amended and replaced to read as shown in the attachments to this Amendment: 1 a. Updated insurance documents and Affidavit of No Employees 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. i IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT CITY OF CUPERTINO By By f Title Titles i, .'t z r . RECOMM LADED FOR APPROVAL APPROVED AS TO FORM Title City Attorney ATTEST City Clerk EXPENDITURE DISTRIBUTION PO #2018-388 427-90-870 900-905; 427-90-881900-905 Original $14,925 Amendment#1: $0 Total: $14,925 IMM/DDIYYYY CERTIFICATE OF LIABILITY INSURANCE DA10/31/20 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 be endorsed.If SUBROGATIONIS 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 BB&T INS SVCS OF CA INC/PHS/ORANGE NAME: 72180672 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD PHONE SAN ANTON IO, TX 78265 (AIC,No,Ext): (866)467-8730 �A/,No): (888)443-6112 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: The Sentinel Insurance Company 11000 JANA SOKALE ENVIRONMENTAL PLANNING INSURERB: 7788 HAZELNUT DR INSURER C NEWARK CA 94560-2234 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2 000 006 CLAIMS-MADE OCCUR DAMAGE TO RENTED $1 000,000 PREMISES Ea occurrence X General Liability X MED EXP(Any one person) $10,00 A 72 SBA E 12287 11/15/2018 11/15/2019 PERSONAL&ADV INJURY 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ❑PRO- 1XI LOC PRODUCTS-COMP/OP AGG $4,000,000 JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) A A O SCHEDULED AUUTOSS AUTOS 72 SBA E12287 11/15/2018 11/15/2019 BODILY INJURY(Per accident) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NI A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Those usual to the Insured's Operations.Please see additional remarks on attached Acord Form 101 (page 2 of 2). CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: GAIL SEEDS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PARKS& REC DEPT. ACCORDANCE WITH THE POLICY PROVISIONS. 10185 N STEELING RD AUTHORIZED REPRESENTATIVE CUPERTINO CA 95014-5732 �cr_eQn dim ��Z ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED BB&T INS SVCS OF CA INC/PHS/ORANGE JANA SOKALE ENVIRONMENTAL PLANNING POLICY NUMBER 7788 HAZELNUT DR NEWARK CA 94560-2234 SEE ACORD 25 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE:SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder and the City of Cuprertino, its city council, officers , and officials, employees, agents, servants, and volunteers are additional insured per Additional Insured: Owners, Lessees, or Contractors; Scheduled Person or Organization Form SS4170 and Additional Insured: Owners, Lessees or Contractors; Completed Operations form SS4171, attached to this policy. POLICY NUMBER: 72 SBA EI2287 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Coco 00 This endorsement modifies insurance provided under the following: M .1-4 BUSINESS LIABILITY COVERAGE FORM 0 r- N SCHEDULE N H w N Name Of Additional Insured Person(s)Or Organization(s): r- N CITY OF CUPRERTINO, ITS CITY CNCL, OFCRS, OFFCLS, EMPLYEES, AGENTS, SERVNTS 0 0 `-1 Location(s)Of Covered Operations: AND VOLUNTEERS 10300 TORRE AVECUPERTINO, CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section C. — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily damage" or "personal and advertising injury" ' pp Y Y injury" or —_ caused, in whole or in part, by: property damage„occurring after: — 1. Your acts or omissions; or 1• All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Form SS 41 70 06 11 Page 1 of 1 Process Date: 08/29/18 Policy Expiration Date: 11/15/19 © 2011,The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) POLICY NUMBER: 72 SBA E12287 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS � This endorsement modifies insurance provided under the following: w 00 o BUSINESS LIABILITY COVERAGE FORM SCHEDULE 0 oro Name Of Additional Insured Person(s) Or Organization(s): N CITY OF CUPRERTINO, ITS CITY CNCL, OFCRS, OFFCLS, EMPLYEES, AGENTS, SERVNTS H N Location And Description Of Completed Operations: r- N AND VOLUNTEERS 10300 TORRE AVECUPERTINO, CA 95014 0 0 1-4 rn Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section C. — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with _ respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". Form SS 41 71 06 11 Page 1 of 1 Process Date: 08/29/18 Policy Expiration Date: 11/15/19 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I,the undersigned,declare as follows: I am an independent contractor and the owner of Jana Sokale Environmental Planning. I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers'Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers'compensation insurance to the City of Cupertino for any and all employees I may have,pursuant to Section 12 of the City of Cupertino's contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino.I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 17 day of June '2019,at Cupertino .California. PRINT NAME [ NATURE CITY OF IIIPROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of December 19, 2017 ("Effective Date") by and between the City of Cupertino, a municipal corporation("City"), and Jana Sokale ("Contractor"), a Sole Proprietorship/Individual for Environmental Consulting Services for Stevens Creek Corridor Park and Restoration. 2. SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2019 ("Contract Time"),unless terminated earlier as provided herein. Contractor's Services shall begin on December 19, 2017 and shall be completed by June 30, 2019. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time,resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $14,925.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty(30) days of completion of Services,Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 1 of 9 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits,worker's compensation or other benefits from the City. 5.2 Contractor's Qualifications.Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Contractor must pay income taxes on the money carned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work,in any medium(collectively, "Work Product"),prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 2 of 9 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third parry intellectual property, including but not limited to patented, trademarked,or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hued; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four years from the date of City's final payment. 9. ASSIGNMENT Contractor 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 will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%)or more of the voting power of the business entity. 10. PUBLICITY/SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 3 of 9 project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers,press releases,posters,brochures,public service announcements,interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations,representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement.Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 4 of 9 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a"public works"component,Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee,a City employee,or any other person,by Contractor or its employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest.Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Gail Seeds as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 5 of 9 Contractor Project Manager. Subject to City approval, Contractor assigns Jana Sokale as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing,the time spent in closing out the Services will be compensated up to a maximum of ten percent(10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute.If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal,or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 6 of 9 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto,the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terns or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 7 of 9 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service,on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino To Contractor: 10300 Torre Ave. Jana Sokale Environmental Planning Cupertino CA 95014 7788 Hazelnut Drive Newark,CA 94560 Attention:Jeff Milkes,Director of Recreation&Commu Attention:Jana Sokale Email:jeffm a.cupertino.org Email:janaslc a aol.com 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if(a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right,power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. City Project/Program -Stevens Creek Corridor Park and Restoration ProfessionaUConsulting Conti-acts/Rev.Nov 16,2017 Page 8 of 9 IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONTRACTOR CITY OF CUPERTINO Jana Sokale A Municipal Corporation h By By Name J f-W.4 Name J`2-/ e" /*7/t, I Title /1�;r.c ; k ti e Title b i 0- e t r c -t-,, Date !A 4 / Date 12 �- Tax I.D. No.:033-38-3948 APPROVED AS TO FORM: kk� RANDOLPH STEVENSON..HOM Cupertino City Attorney ATTEST: r zAec—�—Sz 4 CE SCHMIDT / City Clerk l Z—2 f City Project/Program -Stevens Creek Corridor Park and Restoration Professional/Consulting Contracts/Rev.Nov 16,2017 Page 9 of 9 EXHIBIT A SCOPE OF SERVICES Stevens Creek Corridor Park and Restoration Project This proposal is for environmental coordination and consultant support for the Stevens Creek Corridor Park and Restoration Project. Basic Services shall include all professional services required to perform the scope of work outlined herein. TASK 1: NIC TASK 2: ENVIRONMENTAL MANAGEMENT 1. Assist Cupertino with the development and implementation of a creek corridor management plan outlining: a. Develop Annual Maintenance Activities Chart—Identify annual maintenance activities unique to the riparian corridor and park—stream channel tree pruning,tree care actions,tree replacement,invasive species removal and management actions, channel backwater habitat management to maintain stream flow communication with main channel, seasonal streamside herbaceous growth management relative to flow and winter storms, map of streamside locations for annual storm monitoring for erosion or bank scour,meadow parking and bioswale maintenance,nesting bird protections or deterrence measures on structures, orchard management actions, care and management of the 8,000 native grasses,perennials,vines, shrubs and trees installed with the project. b. Develop Annual Calendar of Maintenance Activities—Prepare annual calendar and checklist of maintenance activities that highlight critical environmental work windows and reason for limitations for requiring work within these timeframes. c. Develop Restoration Plantings and Habitat Arcas Care Management Chart ■ Identify how to address key resource issues ■ List most common invasive plant species and techniques for removal and management that are appropriate for the setting. Species may include ivy,vinca, arundo,Himalayan blackberry,Johnson and smilo grass,Bermuda grass, and other species. ■ Identify possible care actions suitable for volunteers or nonprofit groups and list resources needed and staff support required to coordinate such volunteer resources. d. Develop Concepts for Orchard Management including ■ Pruning,thinning and pest management for apricot,plum and citrus fruits suitable for the creek corridor setting. e. Identify a Process for Implementing Adaptive Management in response to an environmental concern(example: flooding and flood related damage;habitat degradation from fungal, bacterial, viral or insect pest). f. Provide Flow Charts or task sequence lists for common tasks or issues(for example, dealing with a tree or limb that may appear unsafe). g. Provide list and summary of wildlife protections and regulations that affect work in the corridor. Provide list or links to where more detailed information may be found. h. Provide a map or exhibit showing City and non-City ownership and any easements. Provide a clear description of how ownership,right-of-way or easement affects work responsibilities. Provide contact information areas where work is the responsibility of other agencies or owners. i. Identify opportunities to help protect and preserve the corridor by educating and guiding visitors. j. Compile information into a single document intended to be a simple,practical reference guide for maintenance staff. Exhibit A,Page 1 of 2 2. Prepare for and provide two training sessions to City staff regarding special status wildlife and habitats present at the site and conducting work tasks in this setting in a compliant manner. Sessions are estimated to be half-day and may be conducted on site. Training will include the legal and regulatory protections,and recommended means of implementing operational and maintenance activities in a compliant manner. Estimated Hours: 70 Hours TASK 3: CONSULTANT SUPPORT 1. Provide on-call services to assist in implementation of project-related activities or emerging issues as requested. Services may include working with stakeholders and agencies regarding habitat conditions, adaptive management actions and other elements that influence creek corridor management. 2. Coordinate with resource and regulatory agencies regarding potential actions to protect wildlife and habitats during evolving or unforeseen site conditions. Coordinate with agencies to address emerging resource issues as needed with entities such as U.S. Army Corps of Engineers (USAGE), National Oceanic and Atmospheric Administration(NOAA)Fisheries, California Department of Fish and Wildlife(DFW),California Regional Water Quality Control Board(RWQCB) and Santa Clara Valley Water District(SCVWD). 3. Assist with agency coordination and reporting activities for the Stevens Creek Corridor sites including grant and/or permit requirements. 4. Provide services relating to environmental coordination for the Stevens Creek Corridor. Estimated Hours: 16 Hours Exhibit A,Page 2 of 2 EXHIBIT B Schedule of Performance Stevens Creek Corridor Park and Restoration Services to be performed under this Agreement shall commence as of the effective date of this Agreement. Services relating to Task 2 shall be complete by December 31, 2018 unless otherwise acceptable to City. Services relating to Task 3 shall be complete by June 30, 2019. The service period may be extended as acceptable to City. Exhibit C,Schedule of Peifonnance Page 1 of 1 Jana Sokale Environmental Planning 7788 Hazelnut Drive Newark, California 94560 Phone (510) 793-3490 FAX (510) 795-1533 janaslc@aol.com SCHEDULE OF CHARGES FOR CONSULTING SERVICES 2017 Consulting Fees Hourly Rate Principal Planner $145.00 Principal Biologist $125.00 Senior Biologist $105.00 Grant Writer $100.00 Senior CAD Operator $ 90.00 Technical Assistant $ 85.00 Graphic Designer/Illustrator $ 75.00 Copy Editor $ 70.00 Reimbursable Expenses Travel Expenses Fares for commercial carriers, charges for rental cars and travel expense accounts 1.10 x actual cost Other Direct Expenses Cost of copies of drawings,reports and other Documents, photographic reproduction of drawings and film processing. 1.10 x actual cost Charges for Office Equipment Use Fax 1.00 per page Copying 0.15 per page Mileage 0.535 per mile Statements for consulting services shall be issued every four weeks for payment within 30 days of receipt.Late fees will be assessed at 5 7o per month on unpaid balances after 30 days. Environmental Planning and Fund Development Exhibit B,compensation Page 2 of 2 EXHIBIT C COMPENSATION Stevens Creek Corridor Park and Restoration Basic Services Services shall be provided at the rates noted in the attached Schedule of Charges for Consulting Services. The hourly fee shall include compensation for associated costs for tasks within the basic scope of services,but shall exclude costs for reimbursable expenses. Fee estimates by task are as follows: Task 1 NIC Task 2 $10,555 Task 3 $2,320 Reimbursable Expenses A reimbursable expense allowance is included for customary reimbursable expenses. TOTAL REIMBURSABLE EXPENSE ALLOWANCE: NTE$250 Additional Services TOTAL ADDITIONAL SERVICES ALLOWANCE: NTE$1,800 To be expended only upon advance City authorization, in writing, for work outside the basic scope of services ................................................................... COMPENSATION SUMMARY Basic Services $12,875 Reimbursable Expenses Allowance $ 250 Basic Services,Not to Exceed: $13,125 Additional Services Allowance $1,800 TOTAL CONTRACT,Not to Exceed: $14,925 FEE PROPOSAL The cost for basic services will not to exceed $12,875 without prior written authorization. A reimbursable expenses allowance of$250 is included. An allowance of$1,800 for additional services, to be expended upon written authorization by the City, is included. The total contract cost for the basic services plus reimbursable expenses plus any authorized additional services will not exceed $14,925. The City of Cupertino will be billed on a time and materials basis in accordance with the attached Schedule of Charges for Consulting Services. Exhibit B,Compensation Page I of 2 EXHIBIT D Insurance Requirements Professional/Consulting Services Contracts Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor,his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability(CGL): Insurance Services Office("ISO")Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project(ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. 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 made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or(2)the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non- contributory,"will not seek contribution from City's insurance/self-insurance,and shall be at least as broad as ISO CG 20 0104 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Fornl Number CA 00 01 covering any auto(Code 1),or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers'Compensation: As required by the State of California,with Statutory Limits, and Employer's Liability Insurance of no less than$1,000,000 per occurrence for bodily injury or disease. (Not required if Contractor provides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than$2,000,000 per occurrence or claim, $2,000,000 aggregate(if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above,City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain,or be endorsed to contain,the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services Insurance Requirements for Professional/Consulting Contracts Version:Noi,2017 1 performed by or on behalf of Contractor including materials,parts,or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 1185 or if not available,through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primmy Coverage For any claims related to this Contract,the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire,except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor's ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California,and each insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"VII"or better. Clainns Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five(5)years after completion of the Services. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase "extended reporting"coverage for a minimum of five(5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original certificates and mandatory endorsements(or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor's duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. Insurance Requirements for ProfessionallConsulting Contracts Version:Nov 2017 2 DMK FD�TE(MMtDD;Y�YYY) CERTIFICATE OF LIABILITY INSURANCE R004 /19/2017 THIS CERTIFICATEIS 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 NAME: BB&T INS SVCS OF CA INC/PHS/ORANGE (q/°N,Ext): (866) 467-8730 (A`c.N.): (888) 443-6112 180672 P: (866) 467-8730 F: (888) 443-6112 ADDRESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A: Sentinel Ins Co LTD li000 INSURED INSURER B INSURER C JANA SOKALE ENVIRONMENTAL PLANNING INSURERD: 7788 HAZELNUT DR INSURER E: NEWARK CA 94560 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. /.\'SR TIPS OFI.\"SC'R.A.%CE' ADDL St BR POLICYA"CbIBEk POLICY EFF POLIC}'E.\P LLIIITS \' 11'1 (.ILVIDDA 1)1) 011IDD111 1) . COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE �2, 000, 000 CLAIMS-MADE OCCUR DAMAGE TO RENTED _1 000, 000 PREMISES(Ea occurrence) A X General Liab X 72 SBA EI2287 _/15/lC_7 11/15/2018 MED EXP(Any one person) s10, 000 PERSONAL&ADV INJURY c 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE c 4, 000, 000 POLICY PRO LOC PRODUCTS-COMPIOP AGG $4, 000, 000 JECT OTHER: s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2 0 0 0 0 0 0 (Ea accident) I 1 ANY AUTO BODILY INJURY(Per person) - OWNED SCHEDULED A AUTOS ONLY AUTOS 72 SBA EI2287 11/15/2C17 11/_5/20_8 BODILY INJURY(Per accident) X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION S Ir'ORA'ERSCO.11PENS.4 TIOS PER I OTH- :IA'DEMPLOYERS'LLIBILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT OFFICERWEMBER EXCLUDED? _ N/A (Mandatory in NH) ❑ E.L.DISEASE-EA EMPLOYEE If yes,describe under E.L.DISEASE-POLICY LIMIT - DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured' s Operations. Please see additional remarks on attached Acord Form 101 (page 2 of 2) . CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE Attn: Gail Seeds DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Rec Dept. AUTHORIZED REPRESENTATIVE 10300 TORRE AVE a- CUPERTINO, CA 95014 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC RQ- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED BB&T INS SVCS OF CA INC/PHS/ORANGE POLICY NUMBER JANA SOKALE ENVIRONMENTAL PLANNING SEE ACORD 25 7788 HAZELNUT DR CARRIER NAIC CODE NEWARK CA 94560 SEE ACORD 25 EFFECTIVEDATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder and the City of Cuprertino, its city council, officers , and officials, employees, agents, servants, and volunteers are additional insured per Additional Insured: Owners, Lessees, or Contractors; Scheduled Person or Organization Form SS4170 and Additional Insured: Owners, Lessees or Contractors; Completed Operations form SS4171, attached to this policy. ACORD 101 (2014/01) ©2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD f E P' c l THE HARTFORD Select Customer Insurance Center 3600 WISEMAN BLVD. SAN ANTONIO TX 78251 Policyholder, please call us at: (866) 4 6 7-8 7 3 0 Agent, please call us at: (866) 4 6 7-8 7 3 0 SERVICE.TX@THEHARTFORD.COM INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please call us at: (866) 4 6 7-8 7 3 0 Agent, please call us at: (866) 4 6 7-8 7 3 0 between 7 A.M. and 7 P.M. CST . The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. BB&T INS SVCS OF CA INC/PHS/ORANGE THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Hartford Fire Insurance Company and its Affiliates One Hartford Plaza, Hartford,Connecticut 06155 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 72 SBA EI2287 DX Named Insured and Mailing Address; JANA SOKALE ENVIRONMENTAL PLANNING 7788 HAZELNUT DRIVE NEWARK CA 94560 Policy Change Effective Date: 12/19/17 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 002 Agent Name: BB&T INS SVCS OF CA INC/PHS/ORANGE Code: 180672 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED(S) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 SEE FORM IH 12 00 PRO RATA FACTOR: 0.907 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 04 05 T Page 001 (CONTINUED ON NEXT PAGE) Process Date: 12/19/17 Policy Effective Date: 11/15/17 Policy Expiration Date: 11/15/18 POLICY CHANGE (Continued) Policy Number: 72 SBA EI2287 Policy Change Number: 002 ADDITIONAL INSURED #1 - OWNERS, LESSEE OR CONTRACTORS IS ADDED FORM SS4170 SS4171 NAME CITY OF CUPRERTINO, ITS CITY CNCL, OFCRS, OFFCLS, EMPLYEES, AGENTS, SERVNTS ADDRESS AND VOLUNTEERS 10300 TORRE AVECUPERTINO, CA 95014 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: SS 41 70 06 11 SS 41 71 06 11 IH12001185 ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR Form SS 12 11 04 05 T Page 002 Process Date: 12/19/17 Policy Effective Date: 11/15/17 Policy Expiration Date: 11/15/18 f POLICY NUMBER: 72 SBA EI2287 CHANGE NUMBER: 002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CUPRERTINO, ITS CITY CNCL, OFCRS, OFFCLS, EMPLYEES, AGENTS, SERVNTS Location(s) Of Covered Operations: AND VOLUNTEERS 10300 TORRE AVECUPERTINO, CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section C. — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury' "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Form SS 41 70 06 11 Page 1 of 1 Process Date: 12/19/17 Policy Expiration Date: 11/15/18 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) POLICY NUMBER: 72 SBA E12287 CHANGE NUMBER: 002 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CUPRERTINO, ITS CITY CNCL, OFCRS, OFFCLS, EMPLYEES, AGENTS, SERVNTS Location And Description Of Completed Operations: AND VOLUNTEERS 10300 TORRE AVECUPERTINO, CA 95014 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section C. — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". Form SS 41 71 06 11 Pagel of 1 Process Date: 12/19/17 Policy Expiration Date: 11/15/18 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) POLICY NUMBER: 72 SBA E12287 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTOR Form IH 12 00 11 85 T SEQ. NO. 004 Printed in U.S.A. Page 001 Process Date: 12/19/17 Expiration Date: 11/15/18