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18-014 The KPA Group, the Facility Condition, Energy and Use Efficiency Assessments of City of Cupertino FacilitiesSECOND AMENDMENT TO AGREEMENT 18-014 BETWEEN THE CITY OF CUPERTINO AND KPA GROUP FQR FACILITY CONDITION, ENERGY AND USE EEFICIENCY ASSESSMENTS OF CITY OF CUPERTINO FACILITIES This Second Amendment to Agreement 18-014 between the City of Cupertino and KPA Group, for reference dated 12/20/2018, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and KPA Group, a California Corporation ("Consultant") whose address is 6700 Koll Center Parkway , Pleasanton, CA 945~6, and is made with reference to the following: RECITALS: A. On 2/1/2018, an agreement was entered into by. and between City and Consultant (hereinafter "Agreement") for facility condition, energy and use efficiency assessment of City of Cupertino facilities. The agreement will expire on 12/31/2018. B. On 8/27/2018, City and Consultant agreed to the First Amendment for facility condition, energy and use efficiency assessment of City of Cupertino facilities. C. On 12/19/18, City and Consultant agreed to the Second Amendment for facility condition, energy and use efficiency assessment of City of Cupertino facilities. D. The Agreement and the First and Second Amendments are collectively referred to as the "Agreement" unless otherwise indicated. E. 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 3.1 of the Agreement is modified to read as follows: This Agreement begins on the Effective Date and ends on March 31, 2019 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on February 1, 2018 and shall be completed by March 31, 2019. 2. 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 . IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. RECO NDED FO& APPROVAL : •• ~~ ~J- City Clerk / -{ i:;--f 7 EXPENDITURE DISTRIBUTION PO #Click here to C lick here to enter text. e nter text. IJ{l l ~ -l{( 1 Original Amendment #1: Amendment #2: Total: Client#· 467 KPAGROUP ACORDrM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 7/03/2018 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, t he 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 t he certificate holder in lieu of such endorsement(s). PRODUCER ~~~l~cT Nancy Ferrick Dealey, Renton & Associates F..tJ8NJo, Extl : 510 465-3090 I rt~. No): 510 452-2193 P. 0. Box 12675 i~tJ~ss: nferrick@dealeyrenton.com Oakland, CA 94604-2675 INSURER($) AFFORDING COVERAGE NAIC# 510 465-3090 INSURER A : Travelers Property Casualty Co 25674 INSURED INSURER B : American Automobile Ins. Co. 21849 The KPA Group INSURER c: Travelers Casualty & Surety Co. 31194 6700 Koll Center Parkway, Suite 125 INSURER D: Travelers Indemnity Co. of Conn 25682 Pleasanton, CA 94566 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO C ERT IFY THA T THE POLICIES OF INSURA NCE LISTED BELOW H AVE BEEN ISSUED TO THE IN SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI TION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WH IC H THI S CERTIFI CATE MAY BE IS SU ED OR MAY PERTAIN, THE INSURANCE A FFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT T O ALL THE TERMS , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR ,&~Mg~1 1,&m-Jg-~'1::1"'-.. LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6806H537085 01/18/2 · 18 01/18/201g l{i~H OCCURR ENCE $1 000 000 -D CLA IMS-MA DE ~ OCCUR -f~~~~H9E~~~JLTrfencel ----$1000000 ,a~- MED EXP (Any one person) $10.000 - ~ PER SONAL & ADV INJU RY $1,000,000 - GEN'L AGGR EG ATE LIMIT APPLIES PE R: GENERAL AGGREGATE $2,000,000 ~ ~PRO-DLOC ~()Ad p .. $2,000,000 POLICY X JE CT / 1 -.PR ODUCTS -COMP/OP AGG OTHER: / \ $ D AUTOMOBILE LIABILITY y y BA7377L370 01/18/2t 01/18/2019 , C~~~INED SINGL E LIMIT $1,000,000 (Ea ccide ntl - , j16 D1L Y INJURY (Per person) ANY AU TO $ -ALL OWN ED -SCHEDULED __.,, AUTOS AUT OS BODILY IN JURY (Per accident) $ c--NON -OWNED PROPERTY DAMAGE X HIRED AUTO S X AUTOS (Per accide ntl $ c--$ UMBRELLA LIAB H OCCUR EACH OCCURRENC E $ ~ EXCESS LIAB CLAIMS -M ADE AGGREGAT E $ DED I I RETENT ION$ ~ v-----~ $ B WORKERS COMPENSATION y SCW0031151801 V 01,01,2o r 07/01/201! ,x l~~fTII T~ I 12JH-AND EMPLOYERS" LIABILITY Y/N $1000000{/ ANY PROPRIETO R/PARTNE R/EXECUTI VElli] k_./ E.L. EACH ACCIDENT OFFICER/MEMBER EXC LUDED? N N/A (Mandatory In NH) E.L. DISE ASE -EA EMPLOYE E $1,000 000 If yes, describe under DESCRIPTION OF OPERATIONS be low E.L. DISEASE -POLICY LIMIT $1,000,000 C Professional 105404592 02/25/2018 02/25/20H $1,000,000 per Claim Liability $2,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: All Operations of the Named Insured. The City of Cupertino, its officers, officials, employees, and volunteers are named as Additional Insured for General and Auto Liability as required by written contract or agreement. Insurance is primary and non-contributory per policy form. A Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation. The Named Insured has NO COMPANY OWNED AUTOS. 30 Days Notice of Cancellation will be given to the certificate holder. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 1300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ljli.AV-~~ © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2363402/M2363080 NMF DESCRIPTIONS (Continued from Page 1) Professional Liability policy is claims-made. Professional Liability Retroactive Date: Full Prior Acts. DEDUCTIBLES: Professional Liability Deductible: $50,000 per claim. Other Liability Deductibles: $0 SAGITIA 25.3 (2014/01) 2 of 2 #S2363402/M2363080 COMMERCIAL GENERAL LIABILITY Policy Number: 6806H537085 THIS ENDORSEMENT CHANGES T HE P OLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITION A L I NSURED (ARCH ITECTS, ENGI NEE RS AND SURVEYORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED : Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that , the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization ; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part . f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance . h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured , and then the insur- ance prov ided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period , whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary , excess , contingent or on any other basis , that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis , this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance , provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed ; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and CG D3 81 0915 © 2 0 15 The Tra velers Indemnity Company . All rights res erved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc ., with its permission COMMERCIAL GENERAL LIABILITY collectible other insurance , whether primary , ex- cess, contingent or on any other basis, that is available to the additional insured when that per- son or organization is an additional insured under any other insurance . 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CO N DITIONS : We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization . We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore , and in effect when , the "bodily injury" or "property damage" occurs , or the "personal injury" offense is committed. 4. The following defin ition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed : a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period . Page 2 of 2 © 2015 The Travelers Indemnity Compan y. All rights reserved. CG D3 810915 Includes the copyrighted material of Insurance Services Office, Inc., with its pe rmission POLICY NUMBER: BA7377L370 COMMERCIAL AUTO CA 20 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form . This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The KPA Group Endorsement Effective Date: 01/18/2018 SCHEDULE Name Of Person(s) Or Organization(s): The City of Cupertino , its officers , officials , employees , and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations . Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but , only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form . CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Insured: The KPA Group Policy Number: Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium Person or Organization City of Cupertino Dept. of Public Works 1300 Torre Avenue Cupertino, CA 95014 Form WC 04 03 06 Process Date: SCHEDULE Job Description RE : All Operations. PERSONS OR ORGANIZATIONS CONTINUED : The City of Cupertino , its officers , officials , employees , and volunteers Countersigned by ~ .f,,, -------------------- C. • , Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: POLICY NUMBER: 6806H537085 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following : ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE NUMBER OF DAYS NOTICE OF CANCELLATION: 30 PERSON OR ORGANIZATION: Any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or or- ganization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schedule. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS: A. If we cancel this policy for any statutorily permit- ted reason other than nonpayment ·0f premium we will mail notice of cancellation to the person or or- ganization shown in the schedule above . We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above be- fore the effective date of cancellation. ILT4001209 © 2009 The Travelers Indemnity Company Page 1 of 1 I FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND KPA GROUP FOR FACILITY CONDITION. ENERGY AND USE EFFICIENCY ASSESSMENTS OF CITY QF CUPERTlNo FACILITIES This First Amendment to Agreement 18-014 between the City of Cupertino and KP A Group, for reference dated August 27, 2018, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and KP A Group , a California Corporation ("Consultant") whose address is 6700 Koll Center Parkway, Pleasanton, CA 94566, and is made with reference to the following: RECITALS: A. On February 1, 2018, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for facility condition, energy and use efficiency assessment of City of Cupertino facilities. The agreement will expire on 9/1/2018. B. On August 27, 2018, City and Consultant agreed to the First Amendment for facility condition, energy and use efficiency assessment of City of Cupertino facilities. C. The Agreement and the First Amendment are collectively referred to as the "Agreement" unless otherwise indicated. D. City and Consult ant 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 3.1 of the Agreement is modified to read as follows: This Agreement begins on the Effective Date and ends on December 31, 2018 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on February 1, 2018 and shall be completed by December 31, 2018. 2. 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. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO B ~~ Tit!'$:!: .,,.(" fH,1 .~ 142., 1,,,s By ___________ ~ Title __________ _ City Clerk ?/·( '3 ·( t EXPENDITURE DISTRIBUTION PO #2018-418 100-83-807 750-005 Original Contract: Amendment #1: Term only Amendment #2: Total: CITY OF m PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT WITH The KPA Group CUPERTINO 1. PARTIES This Agreement is made and entered into as of February 1 . 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and The KPA Group ______________ , a California corporation [ corporation, partnership, limited liability company, and sole proprietorship/individual] ("Contractor") for the Facility Condition, Energy and Use Efficiency Assessments of City of Cupertino facilities [ide ntifo Category Of Servi CeS j. 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 September 1. 2018 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on February 1. 2018 and shall be completed by _s_ep_te_m_b_e_r 1_._20_1_8 _____ _ 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 $ 200.000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included . 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 Condition, Energ y & Space use Assessment Professional /Spec iali zed Se rv ice Agreement /Rev. Nov 3, 2017 Page I of8 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 earned 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 /CO NFIDENTIAL INFORMATION In performing this Agreement, Contractor may hav e 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 wou ld 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. 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 City Project/Program Condi tion , Energy & Space Use Assessment Profess ional/Speciali zed Service Agreement /Rev. Nov 3, 2017 Page 2 of8 be the property of City. A lternatively, 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 party 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 hired ; (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 project possible. The words "C ity 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. City Project/Program Condition , Energy & Space Use Assessment Professional/Specialized Service Agreement /Rev. Nov 3, 2017 Page 3 of8 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, emp lo yees , agents , servants , volunteers and consultants ("lndemnitees"), through legal counsel acceptable to City , from and against any and all liability, damages, claims , actions, causes of action, demands , charges , lo sses, 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 ofa U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of an y 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 arisin g out of thi s 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 lndemnitee. 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 C, 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. 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 condition s that may affect the Project or Contractor 's ability to perform. Contractor City Project/Program Condition , En ergy & Space Use Assess ment Profess ional /S peciali zed Service Agreement /Rev. No v 3, 201 7 Page 4 of8 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 vio lation 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 Ken Tanase 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. Contractor Project Manager. Subject to City approval, Contractor assigns Paul Powers ------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 Serv ices . City written approval is required prior to substituting a new Representative. City Project/Program Condition , Energy & Space Use Assessment Professional/Specialized Service Agreement /Rev. Nov 3, 20 17 Page 5 of8 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. 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 City Project/Program Condition, Energy & Space Use Assessment Professional /Specialized Serv ice Agreement /Rev. Nov 3, 20 I 7 Page 6 of8 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 terms 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. 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 10300 Torre Ave. Cupertino CA 95014 Attention: Ken Tanase -------------Em ai l: kent@cupertino.org City Project/Program Condition. Energ y & Space Use Assessment To Contractor: The KPA Group ------------ 6700 Koll Center Parkway Pleasanton , CA 94566 Attention: Paul Powers --------------Emai 1: PaulP@thekpagroup.com Professional /Specialized Service Agreement /Rev. Nov 3, 2017 Page 7 of8 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 sing le binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed . CONTRACTOR <Name of Contractor> Date ~/1 /t8 t Tax I.D. No .: '1.?\ ., '?'Z.01.-q {pO GRACE SCHMIDT 2_-{p ---f LY City Clerk 0 C ity Project/Prog ram Conditio n. En erg y & Space Use Asses sm ent CITY OF CUPERTINO A Municipal Corporation By ~ Name TIMM BORDEN Title Director of Public Works ~-l £rt) · ~~ -<£~ 1-7 .:SO ,.. o05 ~4er j7u-t-J-~ I f A l ~ Pro fess ion a l/Speciali ze d Se rvice Agree ment/Rev . Nov 3, 201 7 Page 8 of8 :rr~ ".;~ .r~,:; i,,.-, _"7",.".:'l !~~ :/;~> ,--~;;..;5'/·.; •,:1id ,I I Kl'\'-'·''"· ' E "G l ...,F.E R S A R C'III TECTS January 30, 2018 Roger Lee Assistant Director of Public Works City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 EXHIBIT "A" Subject: Revised 2017-2018 Comprehensive Facility Condition and Use Efficiency Assessments Scope and Fee Proposal (original submission dated December 27.2017) Dear Mr. Lee, The l<PA Group has prepared this scope of services and fee for the architectural/engineering services for the Comprehensive Faci l ity Condition, Energy and Use Efficiency Assessments of the following City- owned facilities: Category CH Primary Building City Hall Senior Center Sports Center Quinlan Community Center Service Center Admin Bldg. Shops & Mechanic Bldg. Welding Bldg. Blackberry Farm Retreat Center & Garage Pool Pump Bldg . Trail Restroom Lifeguard Bldg. Trailauxiliary Bldg . Kiosk Cafe Golf Course Maint Bldg. SF 23,040 15,500 16,750 28,695 18,439 16,582 Primary Secondary EXH I B !T 11 A11 Historic House Stocklmeirs House (3) McClellan Ranch Park House/Gift Shop Nature Museum Milk Barn Bldg. Barn Monta Vista Barn Shed 4C'S Gymnastics Bldg. Pre-school Bldg. Snack Shack Creekside Park Kennedy Sports Field Jollyman Park Portal Park Wilson Park Restrooms Rec Bldg. Rec Bldg. Restroom Snack Shack Traffic Maint Yard Building 1 Building 2 Memorial Park Restrooms Shed By Restroom Shed By Field Gazebo Cargo Container Miscellaneous Bldgs. (7) Eaton Elementary School Garden Gate School Hyde Jr. High Linda Vista Park Rests. & Shed Mann Cr. Pump Station Mercedes Tank -Maintenance Shed Regnart School -Arc Supply Shed Table 1.1-Facilities by Category 4,895 12,236 1,750 744 529 1,857 2,369 1,532 1,035 2,169 EXH I B !T 11 A11 PROJECT UNDERSTANDING The City of Cupertino requires a general evaluation of the physical condition, maintenance requirements and program deficiencies of fifty-one (51) City-owned facilities. The properties require a different level of detail for their assessments, studies and recommendation summaries. Cupertino City Hall is the priority and demands a more comprehensive report. SCOPE OF SERVICES This document provides a scope of services for the assessment of the City-owned structures and related work. In addition, this report includes deliverable samples and a detailed fee spreadsheet. The facilities have been organized into three (3) categories: City Hall (CH), Primary Facilities and Secondary Facilities, refer to table 1.1 for more information. KPA proposes to divide the project into the following task assignments: Task 1: Project Management Task 2: Data Collection and Analysis Task 3: Client Meetings Task 4: Questionnaire Task 5: City Hall Report Task 6: Facility Program Task 7: Field Assessments & Costs Task 8: Report Task 9: Return Visits Task 1: Project Management The project manager has to regularly coordinate the project in its entirety. Consultant shall meet with the City of Cupertino's Assistant Director and Project Manager at key phases and milestones throughout this project, but these update meetings shall not occur less than once every month. As contract administrator, the project manager will be the point of contact between the City and design team. His responsibilities include: meeting or calling City officials and discussing project goals, obtaining data, work progress, strategies, site visit schedules, assessment findings/recommendations and overview of building deficiency reports. He will guide KPA professionals during tasks. The project manager leads the QA/QC process and coordinates in-house team meetings, project schedules and report development. All project management staff and field evaluators shall have a minimum of ten (10) years of experience in managing condition assessments and evaluating building systems similar to the systems they will be evaluating during this Agreement. This experience requirement shall apply throughout the duration of this Agreement. Consultant shall notify City if personnel with less experience is providing project management or building system evaluations for this Agreement. Consultant shall list the specific tasks that less experienced personnel shall be responsible for . For project management and building system evaluations, City shall have the right to obtain personnel with ten (10) years of minimum experience at no additional costs EXH I B !T 11 A11 Task 2: Data Collection and Analysis l<PA will collaborate with City personnel to gather and/or discuss existing information such as, but not limited to, construction drawings, seismic evaluations, structural calculations, MEP and ADA studies. City has provided the majority of information in the original request for proposals (RFP), but if additional building documentation is required, the City shall provide this documentation in electronic format. Thi s data will enable KPA and the City to answer relevant questions and evaluate project goals . Having enough information from each building will help KPA and the City to make informed decisions in how to proceed during the assessment phase. Our team will organize, study and analyze the provided information before visiting each facility . This data will be included in the Final Report as part of the appendix. Task 3: Client Meetings The KPA team proposes the following meetings with City officials : l. Project Kick-Off Meeting o Project introduction. o Data collection -Existing information sharing. o Major general concerns per building discussion. o Establish project main goals. o Define questionnaire content. o Facility field visits/access discussion -Develop the first phase of facility asse ssment schedule . The first phase includes City Hall and other primary facilities . 2 . City Hall and Report Layout Meeting o It will take place after KPA reviewed questionnaire, field assess and documented findings of City Hall. o Discuss questionnaire findings for City Hall . o Examine City Hall field assessment findings and recommendations . o Using City Hall report as a templated, KPA and City will discuss general report layout. 3. Status Meeting-Primary Facilities o It will take place after KPA reviewed questionnaire, field assessed and documented finding of primary facilities . o Discuss questionnaire findings for primary facilities. o Examine primary facilities assessment findings and recommendations. o Report update. 4. Status Meeting -Secondary Facilities o It will take place after KPA field assessed and documented finding of secondary facilities. o Examine secondary facilities findings and recommendations. o Final draft report review. 5. Cost, Facility Programs and Recommendations Meeting o Review cost estimates. o Discuss facility programs concerns and alternatives . o Final draft report submittal. 6. Project Close-Out Meeting o Final report submittal. o Review overall project findings and recommendations. EXH I B !T 11 A11 Task 4 : Questionnai re KPA, in collaboration with the City, will create a data-poll of existing facility staff to understand the current operations, capacities and deficiencies of t he following faciiities: City Ha il , Senior Center, Quinlan Community Center, Service Center Administration Building and Blackberry Farm Retreat Center. It is the responsibi lity of the City to distribute to users/staff and return fill out forms. The survey will be used to develop a facility program that studies the present building deficiencies and opportunities. A sample questionnaire is attached. 1 General Data 6 To what extent is visual privacy necessary in your meetings? Name Title or Position Department Present Location (building, section, floor, room no., etc.) Date Information Submitted __ My job does not require me to hold meetings. __ None of my meetings require visual privacy. __ Some of my meetings require visual privacy. __ Most of my meetings require visual privacy. __ All of my meetings require visual privacy. 2 When you are in your office/work space, how is the space 7 To what extent is acoustical privacy necessary in your meetings? used? Please describe the kinds of work activities and processes that go on in your work/office space in a typical month by estimating the percentage of time you spend on each of the following in that space: Percentage (%) __ % Writing/dictating (letters, reports and memos) __ % Reading (letters, reports, memos, etc.) __ % Typing, word processing, calculating __ % Filing/retrieving files __ % Meeting with others __ % Talking on the telephone ___ %Other-describe 3 How often do you have to schedule meetings in room s other than your office/work space because your regularly assigned space is too small, inadequately equipped, or insufficiently private? __ Once a day Once a week Once a month Never __ My j ob does not ~equire me to hold meeti0gs. 4 If you use your office/work space for meetings, discussions, or interviews, typically how many people are present, not including you? __ No meetings are held in my office/work space __ One person other than me __ Two persons __ Three persons __ Four or more persons o~her than me 5 If you had the space available in your own office/work space, would your work be made more effective by having people attend such meetings? If so, please indicate ideally how many people your work space should accommodate: __ The same # of people I indicated for item 4 ·--One person other than me __ Two persons __ Three persons __ Four or more persons other than me __ My job does not require me to hold meetings. __ None of my meetings require acoustical privacy. __ Some of my meetings require acoustical privacy. __ Most of my meetings require acoustical privacy. __ All of my meetings require acoustical privacy . 8 Please check off on the list below any furniture items located outside your immediate office/work space that you share with others: Desk Work table or credenza Conference table __ Bookcase(s) __ File cabinet(s} ___ Other (plea~e describe) 9 How do such space and furniture sharing arrangements interfere with your productivity? Not at all __ Computer not available __ Not enough file space __ Not enough privacy __ Not enough workspace 10 How much information that you receive or produce do you store or file for future reference (as opposed to discarding it)? 75% or more 50% to 74% 25% to 49% 0% to 24% Table 1.2 for City Hall Questionnaire Sample EXH I B !T 11 A11 Task 5: City Hall Report Completing the City Hall report is a schedule priority and KPA will submit a Draft Report of this facility by February 28, 2018. The report layout will be created while documenting all information for this facility. Additional comprehensive material will be provided for City Hall, including: • Facility program considering current and future needs by department. • One (1) day space planning charrette -Two (2) conceptual options (hand-drawing diagrams only). • ADA compliance study. • Analysis of seismic evaluation provided by City with recommended measurements. • General cost estimate for each facility program alternate. • Walk-thru, photograph and physical evaluation divided by facility departments. Task 6: Facility Program In collaboration with the city, KPA will collect, organize and analyze existing data to prioritize buildings (City Hall, Senior Center, Quinlan Community Center, Service Center Administration Building and Blackberry Farm Retreat Center). A draft facility program will be created for the facilities listed. A Facility Program working session lead by l<PA and City officials will be held. During this three (3) day Charrette, l<PA will study the survey information and develop draft facility programs that include the present building capacities, deficiencies and opportunities of the selected buildings as well as 10 year facility use projections and facility renovation, expansion or replacement recommendations. This document will: • Identification and description of the facilities problems o Quantitative problems -(space, furniture, etc.) o Qualitative problems -(involving the nature of the space or other facility attributes) • Identification of the factor(s) that influence the existence and/or magnitude of facility problems • Data to show factors affecting the facilities, if provided by the City. • Future projection of facility's needs, if provided by the City. • Description of consequences cause by facilities problem(s) • Discussion of how defic iencies affect the ability of the agency to attain its mission and goals. • Develop a draft program for each facility that addresses current and future needs. In addition, the proposed program should present solutions for facility deficiencies. • Identification of alternative solutions with cost effectiveness analysis. o One (1) alternative that does not involve a capital project such as managing, changing and maintaining of operations and services under current conditions. Another option could be changing internal policies or practices. o One (1) alternative that involves a capital project, such as the construction of a new facility, renovation or upgrade of an existing facility. EXH I B !T 11 A11 Task 7: Field Assessments & Costs Consultant's field evaluation staff shall have a minimum of ten (10} years of experience evaluating building systems similar to the systems they will be evaluating. This experience requirement shall apply throughout the duration of this Agreement. Consultant shall notify the City if personnel with less experience is providing services for this phase of the Agreement. Consultant shall list the specific tasks that less experienced personnel shall be responsible for. For building system evaluations, City shall have the right to obtain personnel with ten (10} years of minimum experience at no additional costs. A. Primary Facilities: o Building health/life condition checklist • KPA's field assessment team will walk-thru each facility, observe the physical state of building elements and assess each facility's maintenance needs related to the following elements: • Site/ Landscape • Building Envelope • Building Interior • Building Structural • This building condition assessment will provide the City with general building deficiencies and forecasts future, maintenance and repair requirements. o Photos as needed to report general condition and major issues. o General ADA compliance observation checklist • KPA will analyze existing ADA compliance studies; observe major physical barriers; discuss with ADA deficiencies such as accessible entry, handicap parking availability, stairs, ramps, railings and barrier free routes. • l<PA will not measure building components (including but not limited to doors, corridor, ramps and bathrooms stalls) to determine ADA Compliance. o Code compliance observation • KPA will help the City identify main code compliance issues in primary facilities . o MEP systems condition checklist • l<PA will observe and document major mechanical, electrical and plumbing systems condition. • Electrical, mechanical and plumbing fixtures and equipment will be excluded on this assessment. • If more information is required to determine life span of a system and with City's approval, an engineer can be hire as an additional service. o Analysis of existing seismic evaluations for City Hall only. • l<PA will study and analyze existing seismic evaluations for City Hall provided by the City. A summary of findings and recommendations will be included on the report. l<PA will not evaluate the accuracy of existing seismic evaluations and we are not responsible for errors and omitted information in the existing reports. o Field Report of primary facilities will include major findings, buildings general condition recommendations and preliminary cost estimates for main components of each building. o Refer to Attachment A: Condition Assessment Checklist for Primary Facilities EXH I B !T 11 A11 B. Secondary Facilities by group o Building health/life condition checklist • l<PA's field assessment team will walk -thru each facility, observe the physical state of building elements and assess each facility's maintenance needs related to the following elements: • Site/Landscape • Building Envelope • Building Interior • Building Structural • This secondary group condition assessment will provide the City with general building deficiencies and forecasts future, maintenance and repair requirements per group. o Photos as needed to report general condition and major issues . o General ADA compliance observation for public bathrooms only in the following secondary facilities: Creekside Park, Kennedy Sports Field, Jollyman Park, Memorial Park , Portal Park, Wilson Park and Traffic Maintenance Corporation Yard. o General MEP systems condition checklist • KPA will document overall building mechanical, electrical and plumbing systems condition from healthy to deteriorate. o Refer to Attachment B: Condition Assessment Checklist for Secondary Facilities C. Miscellaneous Services The consultant shall provide the following service and submit findings with the draft report for City Hall by February 28, 2018. 1. Consultant shall provide a rough order of magnitude (ROM) cost to upgrade the Emergency Operation Center at City Hall to meet current code requirements for "essential services". Costs shall be based, in part, on findings in the seismic report provided with the RFP. 2. Consultant shall provide a ROM cost to upsize City Hall's electrical system to operate at twenty percent (20%) above current peak demand. 3. Consultant shall provide a ROM cost to upsize City Hall's emergency power system to operate at twenty percent (20%) above the existing emergency load at peak demand with the equivalent run time . 4. Consultant shall provide a ROM cost to replace tile roofing at City Hall with lightweight standing seam roofing . 5. Consultant shall provide a ROM cost to ret r ofit the City Hall elevator to be ADA compliant. The consultant shall provide the following services and submit findings with the final report for all facilities approximately seven (7) months after issuance of the NTP: 1. Consultant shall conduct a cursory evaluation for energy efficient replacement options if mechanical , electrical or plumbing replac e ments are recommended before 2022. EXH I B !T 11 A11 Task 8 : Report In addition to the Facility Program report noted in Task 6, KPA will develop a report summarizing existing information collected from the City, photos, field assessments and City discussions. Observed significant physical deficiencies are documented and opinions of probable costs are prepared for necessary repairs or replacements. The report will be divided between primary facilities and secondary facilities. Each building will have the following information: Section 1 -Facility Description. This section consists of general facility information. • Location • Year built and renovated • Type of construction • Gross area • Building function • Date of field survey • Exterior descriptions and notes • Overall repairs/maintenance cost • General condition of facility Section 2 -Field Assessment Checklist • See attachment A for Primary Facility Assessment Checklist • See attachment B for Secondary Facility Assessment Checklist Section 3 -Building Report • Summary of findings • Summary of recommendations • General cost estimate • Time frame -Priority • Refer to the following table for report sample summary table: Category Finding Recommendation Time Frame Cost Site/Landscape Perimeter Fencing Broken Repla_ce 3 to 6 months $1,000 -- Exterior Furniture Paint Painted 3 to 4 years $ 500 Damage ADA Compliance Exterior railings Broken Repair 6 to 1 year $ 500 Exterior Envelope Gutters Clogs Clean 3 to 6 months $2,000 Exterior finish Old paint Painted 3 to 4 years $15,000 Window Broken Replace 3 to 6 months $3,000 Interior Elements ACT Old Replace 2 to 3 years $20,000 Total Cost $42,000 Table 1.3 -Facility Report Table Sample EXH I B !T 11 A11 Section 4 -Photo-documentation This section includes photographs of general facilities conditions and findings. For primary category facilities KPA will document a minimum of eight (8) photos. Each facility condition and type vary and KPA will photo-documented accordingly. Also, for secondary facilities four (4) pictures per group and at least two (2) of each building. Picture type samples follow: • Building main entry • Other building access {for primary facilities only) • Means of egress • Typical building envelope • Typical interior condition {floor, wall and ceiling) • Structural condition {foundation, columns and beams) • General bathrooms condition • MEP systems • Site general conditions • Accessible compliance findings Section 5 -Appendix • Existing ADA studies • Existing seismic evaluations • Existing energy saving analysis • Any other existing study and/or report provided by the City will be attached to corresponding building Task 9: Return Visit After completing facility field assessments, some issues or questions may emerge. l<PA may return to a facility and reassess conditions to answer any previously stated question or recommendation accurately. Project Deliverables • One (1) bound Progress Report for City Hall • One {1) bound copy of Progress Report for Primary Facilities' Condition Assessments • One (1) bound copy of Progress Report for Secondary Facilities' Cond ition Assessments • Three {3) bound and one (1) electronic copy of City Hall Final Report • Three (3) bound and one (1) electronic copy of Final Report Schedule The Architect will complete the Facility Assessment for City Hall and submit draft report of the City Hall by February 28, 2018. The Final Report for City Hall shall be submitted within 90 days after Notice to Proceed {NTP). The Total estimated schedule for assessment, programming documents and Final Report is 210 days from NTP. EXH 'B !T 11 A11 City Responsibilities 1. Provide access to existing facilities and departments. 2. Meet with KPA to discuss project needs and updates. 3. City has provided the majority of building documentation as an attachment to the RFP. If there are additional building documents available and needed, City shall provide electronic copies per Consultant's written request, such as: a. Existing drawings (plans and interior elevations). Preferably in CAD. b. Existing seismic evaluations c. Existing energy saving analysis d. Existing program/space planning studies e. Current facility program f. Existing space summaries, previous building, space, feasibility or other similar facility studies or master plans. g. Previous cost estimates h. List of deferred maintenance items for each facility, if available. 4. Provide positions of staff and any future staffing projections and facilities needs for 2025. 5. Provide a representative with complete authority to transmit instructions, receive information and provide directives. 6. Distribute questionnaires to staff and users and return responses to KPA. 7. Provide the projected employee growth to 2025. 8. Meet with users and staff to obtain additional information about current program/space deficiencies. 9. Provide timely review, feedback and directives to maintain project schedule. Scope of Work Exclusions and Clarifications Currently Not Estimated The following work scopes referenced in the RFP are not included in our proposal. • Forensic inspection -KPA will provide an observation of facilities' conditions without forensic inspections. • Testing-KPA will not perform any building testing and related work, including but not limited to building physical envelope, waterproofing, elevators, lead, asbestos and hazardous materials. • Health/life safety systems evaluation --Including Code requirements, fire suppression systems, fire alarms, backflow prevention devices, elevators, and emergency power systems. o KPA wili notify the City of any major findings. o KPA will develop a general fire suppression system checklist. • Seismic Evaluation -KPA will only study existing seismic data and include it as an appendix with final report. • ADA Compliance -KPA will not measure building components. These observations are not defined as an ADA assessment. o KPA will create an ADA compliance checklist, study existing ADA reports and inform City of observed deficiencies. • Preventative Maintenance (PM) -KPA will not perform PM and related work. • Monthly Reports -KPA will not provide monthly reports. Refer to Deliverables for project submittals. EXH I B !T 11 A11 • Electrification Analysis -KPA will not perform Electrification Analysis and related work. • Space Use efficiency assessment -KPA will not perform Space Use efficiency assessments. o We will create a Facility Program . Refer to Task 5: Facility Program for more information. • Review existing facility use by both public and staff. -KPA will not meet and/or review existing facility use with users, public or staff. o KPA will develop a questionnaire to be distributed by City officials to staff. Refer to Task 3: Prepared, Studied and Analyzed Questionnaire. • Facility Energy Efficiency Assessments -KPA will not perform Facility Energy Efficiency Analysis and related work such as savings analysis including providing comprehensive recommendations for capital energy efficiency measures. o Provided facility energy data by the City will be studied and included as an appendix with the final report. • Plumbing system evaluation -KPA will not perform fully plumbing system evaluations. o l<PA will observe major plumbing system condition, water stains and galvanized pipes. The plumbing systems checklist will be included in our report. • Time of Completion -KPA will not provide schedules. o KPA will include a time frame in the Facility Report Table. Refer to task 7: Field Report, Section 3: Building Report. • Conveyance Systems: KPA will not assess any conveyance system including but not limited to elevators. Compensation The compensation for the work described under the Scope of Services summarized for each task demand is as follows: Task 1: Project Management Task 2: Data Collection and Analysis Task 3: Client Meetings Task 4: Questionnaire Task 5: City Hall Report Task 6: Facility Program Task 7: Field Assessments Task 8: Report Task 9: Return Visits Task 10: Reimbursable Expenses TOTAL $10,575 $1,485 $7,080 $1,980 $23,790 $15,360 $100,665 $21,225 $11,160 $5,400 $198,720 Refer to following spreadsheet for a detailed fee itemization. We understand that a wide combination of services and depth of services may vary significantly. We will endeavor to bring value to the project and make appropriate adjustments in project approach, fees and work scopes to meet the City's needs. EXH I B !T 11 A11 The Scope of Services and Compensation stated in this proposal are valid for a period of thirty (30) days from date of submission. If authorization to proceed is not received during this period, this proposal may be reviewed and modified by The KPA Group. Sincerely, The KPA Group P ul W. Power NCARB, AIA P incipal 6700 Koll Center Parkway, Suite 125 Pleasanton, CA 94566 P 925.223.8217 ext 207 M 925.872.0244 paulp@thekpagroup.com Attachment A: Condition Assessment Checklist for Primary Facilities Evaluation Criteria Facility Name: 5 Exce ll ent Address: 4 Good Area: 3 Fair Year built : 2 Poor Construct ion Type : 1 Cr itica l System Condition Comments 5 4 3 2 1 N/A Site/ Civil/ Landscape Emergency Vehicle Access Access Gates Perimeter Fencing Athletic Field / Court Fencing Equipment / Stormwater Fencing On-Site Sidewa l ks / Crosswalks Paving Striping / Markings / Speed Bumps Curbing On-Site Signage Off-Site Signage Pedestrian Access (ADA & Safety) Exterior Furniture Exterior Envelope Foundation/ Foo t ing Structure Dampproofing / Dew ate ring Slab on Grade Floor Fram i ng Columns/ Beams/ Walls Structure Applied Fireproofing Systems Covered Walkways Exterior Walls Exte ri or Finish Soffits Gene ral Appearance New or like-ne w condition; no issues to report; no expected failures; Plan 8 to 10 years. Good condition; no reported issues or co ncerns; cons ider replacement 6 to 8 years. Average wear for building age; not new but no issues to report; replace within 4 to 6 years. Worn from use -e nd of expected lifecycle. Replace within 2 to 4 years. Extremely worn or damaged; re place in next 2 years. System Condition 5 4 3 2 1 N/A Bike Racks/ Storage (Safe & Accessible) Irrigation System Landscape Veg etation Landscape Wa ll s/ Structures Trees and Shade Sys tems Patio Systems (Paver, Brick, etc.) Electrical Service Gas Distribution System Sanitary Collection/ Septic Sys tem Storm Water Management Voice/ Data System Water Distribution System (Galvanized) Backflow Preventer Roofing Condition Rating Roof Open ings (Skyl ights) Roof Openings (Access) Roof Equipment Curbing Leakage Ponding Water Roof Drains Gutters/ Downspouts Doors/ Windows/ Lou vers Windows Louvers and Vents Main Entry Doors & Har dwa r e Other Exterior Doors & Hardware m X I -co ··--I ~ System Condition Comments 5 4 3 2 1 N/A Interior Elements Ceilings ACT Drywa ll Flooring Carpet VCT Tile Terrazzo Wood Sealed Concrete Stairs Landing finish Stair treads Stair nosings Handrails Mechanical, Electrical and Plumb ing Svstem s HVAC Electrical Systems Emergency Generator Hot & Cold Water Distribution System Gas Distribution Syste m s ADA Compliance Handicap Parking Passenger loading zones Accessible Entry Exterior Stairs and railings Fire/ life Safety Fire Suppression System Fire Alarm System System Toilet Rooms Restroom Acc essories Toilet Partitions Screen Partitions Flooring Walls Signage ADA Accessibil ity (Large Stall) Restrooms Fixtures Water Close t s Urinals Lavatories/ Sin ks ADA Fixture Provisions (heights) Signage Room (Side Mount or Door Head Mount) Directional Chillers Cooling Towe rs Boilers Water Heaters Transformers Exterior Ramps and walks Barrier free ro ute Building Entry Condition 5 4 3 2 1 N/A m X I -co , __ -I )> Attachment B: Condition Assessment Checklist for Secondary Facilities XHIBI Facility Name: Area: Address: Year built: Construction Type: Evaluation Criteria 5 Excellent New or like-new condition; no issues to report; no expected failures; Plan 8 to 10 years. 4 Good Good condition; no reported issues or concerns; consider replacement 6 to 8 years. 3 Fair Average wear for building age; not new but no issues to report; replace within 4 to 6 years. 2 Poor Worn from use -end of expected lifecycle. Replace within 2 to 4 years. 1 Critical Extremely worn or damaged; replace in next 2 years . System Condition Action Cost Estimate 5 4 3 2 1 N/A Immediate Reserve Site Improvements Storm Drain System Parking Pavement, Curb & Gutter Sidewalks Utilities Landscaping Site Lighting Site and building signage Structural Systems and Building Envelope Foundations Structural Systems including floors Exterior Doors & Frames Stairs (Interior and Exterior) Roof Coverings Roof Drainage Mechanical, Electrical & Plumbing HVAC Electrical Emergency Generator Hot & Cold Water Distributor System Water Heaters Gas Distribution System Interior Elements Ceilings Finishes Floor Finishes Partitions Painting ADA Compliance ADA Accessibility (Restroom Large Stall) ADA Fixture Provisions (heights) Handicap Parking Passenger loading zone s Accessible Entry Exterior Stairs and railing s Actions NM : Normal Maintenance IR: Immediate Replacement RR: Replacement Reserves NA: Not Applicable Ml : More Information Needed Vocabulary for Recommendations: EXHIBIT "A" Major Concern: a system or component which is considered significantly deficient or is unsafe. Significant deficiencies need to be corrected and, except for some safety items, are likely to involve significant expense . Safety Issue: denotes a condition that is unsafe and in need of prompt attention. Repair: denotes a system or component which is missing or which needs corrective action to assure proper and reliable function . Improve: denotes improvements which are recommended but not required . Monitor: denotes a system or component needing further investigation and/or monitoring in order to determine if repairs are ne cessary. Deferred Cost : denotes items that have reached or are reaching their normal life expectancy or show indications that they may requ ire repair or replacement anytime during the ne xt five (5) years. EXHIBIT "B" Schedule of Performance The Architect will complete the Facility Assessment for City Hall and submit draft report of the City Hall by February 28, 2018. The Final Report for City Hall shall be submitted within 90 days after Notice to Proceed (NTP). The Total estimated schedule for assessment, programming documents and Final Report is 210 days from NTP. EXHIBIT "C" DESIGN PROFESSIONALS INSURANCE REQUIREMENTS Consultant 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 of the work hereunder by the Consultant, its agents, representatives, or employees . MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2 . Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4 . Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession , with limit no less than $1,000,000 per occurrence or claim, $2,000 ,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City . Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 1 O 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 ; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance 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 EXHIBIT "C" City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City . Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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 Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language 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 Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the City . Claims Made Policies 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 date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 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 Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause . All certificates and endorsements are to be received and approved by the City before work commences . However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete , certified copies of all required insurance polic ies, including endorsements required by these specifications, at any time . Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors . Special Risks or Circumstances City reserves the right to modify these requirements , including limits , based on the nature of the risk , prior experience, insurer, coverage, or other special circumstances . Client#· 467 KPAGROUP ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 1/19/2018 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 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 22~!~cT Nancy Ferrick Dealey, Renton & Associates r.itJ8NJo Ext\: 510 465-3090 I r..etNo): 510 452-2193 P. 0 . Box 12675 ~t'D~~ss: nferrick@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC # 510 465-3090 INSURER A : Travelers Property Casualty Co 25674 INSURED INSURER B : American Automobile Ins. Co. 21849 The KPA Group INSURER c : Travelers Casualty & Surety Co. 31194 6700 Koll Center Parkway, Suite 125 INSURER D , Travelers Indemnity Co. of Conn 25682 Pleasanton, CA 94566 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIE S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN SURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING A NY REQUIREMENT, TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE A FFORDED BY THE POLICIES DE SCR IBED HEREIN IS SUBJECT TO A LL THE TERMS , E XC LUSION S AND CONDITIONS OF SUC H POLIC IE S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD LSUBR ,:Skl5~1 ,:SkJg~i LIMITS LTR INSR WVD POLIC Y NUMBER A X COMMERCIAL GENERAL LIABILITY y y 6806H537085 01/18/2018 01/18/2019 EAC H OCCURR EN CE $1,000,000 f--D CLAIMS-MADE ~ OCCUR s ~rti~H9E~7i~i~~nce\ $1,000 000 MED EXP (Any one person) $10 ,000 - PERSONAL & ADV INJURY $1,000 ,000 - GEN 'L AGGREGATE LIMI T APPLIES PER: GE NERAL AGGR EGATE $2,000,000 =i ~PRO-D LO C $2,000 ,000 POLICY JECT PRODUCTS -CO MP/OP AGG OTHER: $ D AUTOMOBILE LIABILITY y y BA7377L370 01/18/2018 01/18/2019 CO MBINED SIN GLE LIMIT $1,000,000 /Ea accide ni\ f-- ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED BODILY IN JURY (Per accide nt) $ f--AUTOS -AUTO S X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accideni\ -f-- $ UMBRELLA LIAB H OCCUR EAC H OCC URREN CE $ - EXCESS LIAB CLA IM S-MA DE AGGREGATE $ OED I I RETENTION $ $ B WORKERS COMPENSATION y WZP81039658 07/01/2017 011011201 a X l~~fTIJTF I 1gJH- AND EMPLOYERS' LIABILITY y / N $1,000,000 ANY PROPRIETOR/PARTNER/EXE CUTIV EC!!] E.L. EAC H ACC IDENT OFFICER/MEMBER EXCLUDED ? N NIA (Mandatory in NH) E.L. DI SEASE -EA EMPLOYEE $1,000 ,000 II yes. describe und er E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Professional 105404592 02/25/2017 02/25/201 E $1,000,000 per Claim Liability $2,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be att ac hed if more space is requ i red ) RE: All Operations of the Named Insured. The City of Cupertino, its City Council , boards and commissions , officers, employees and volunteers are named as Additional Insured for General and Auto Liability as required by written contract or agreement. Insurance is primary and non-contributory per pol icy form . A Waiver of Subrogation applies to General Liability, Auto Liability and Workers' Compensation. {See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept. of Publ i c Works ACCORDANCE WITH THE POLICY PROVISIONS. 1300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ~~~ © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) 1 of 2 Th e ACORD name and logo are registered marks of ACORD #S2228672/M2228545 NMF DESCRIPTIONS (Continued from Page 1) DEDUCTIBLES: Professional Liability Deductible: $50,000 per claim. Other Liability Deductibles: $0 SAGITTA 25.3 (2014/01) 2 of 2 #S2228672/M2228545 COMMERCIAL GENERAL LIABILITY Policy Number: 6806H537085 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you . The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows : e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part . f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance ". This endorsement does not increase the lim - its of insurance described in Section Ill -Lim- its Of Insurance . h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance , whether primary , excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis , this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and CG D381 0915 © 2015 The Travelers Indemnity Co mpany. All rights re served. Page 1 of 2 Includ es the copyrighted material of In suran ce Services Office, Inc ., with its permission COMMERCIAL GENERAL LIABILITY collectible other insurance , whether primary, ex- cess, contingent or on any other basis , that is available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS : We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you , or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore , and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed : a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period . Page 2 of 2 © 2015 The Travelers Ind em nity Company . All rights reserved . CG D3810915 Includes the copyrig hted material of In surance Serv ices Office, In c., wit h its permission POLICY NUMBER: BA7377L370 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following : AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement , the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form . This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The KPA Group Endorsement Effective Date: 01/18/2018 SCHEDULE Name Of Person(s) Or Organization(s): The City of Cupertino, its City Council, boards and commissions, officers , employees and vo lunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations . Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured " under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Offi ce, In c., 2011 Page 1 of 1 Insured: The KPA Group Policy Number: WZP81039658 Effective Date: 07/01/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be otherwise due on such remuneration . % of the California workers' compensation premium Person or Organization City of Cupertino Dept. of Public Works 1300 Torre Avenue Cupertino , CA 95014 Form WC 04 03 06 Process Date: SCHEDULE Job Description RE : Al l Operations. PERSONS OR ORGANIZATIONS CONTINUED : The City of Cupertino , its City Council , boards and commi ssions , officers, employees and volunteers Counters igned by ~ C..--·-., ... -" Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: