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18-051 Bellecci and Associates, Inc., Design Services Related to the Street Light Installation- Randy Ln and Larry Way Project
CITY OF g DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE) WITH BELLECCI AND ASSOCIATES, INC. CUPERTINO 1. PARTIES This Agreement is made and entered into as of __ '-'-l~P...:-'---Lf-'---+-l -''ZQt~,_,!,__ __________ _ ("Effective Date"), by and between the City of Cup~ a municipal corporation ("City"), and Bellecci and Associates Inc. ("Consultant"), a Corporation for design services related to the Street Light Installation-Randy Lane and Larry Way Project ("Project"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set fo11h in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as fmther specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as othe1wise expressly rejected by City. 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services"). Additional Services must be authorized in writing by City and Consultant wi ll not be paid for unauth01ized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent othe1wise specified by City in writing. All references to "Services" in the Agreement include Basic Services and Additional Services, unless othe1wise stated in writing. The Services may be divided into separate sequential tasks, as fmther specified in this Agreement, the Scope of Services, and Consultant's Proposal. Consultant is solely responsible for its enors and omissions and those of its subconsultants, and must _____ ,promptlx c01Tect them at its sole expense. Consultant ust take ap.pmpriate....m.e_asurns_to_a~oid_o~·--------- mitigate any delay, liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on February 28, 2019 unless te1minated earlier as provided herein ("Contract Time"). 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Perfonnance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Pmties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin work on each separate task upon receiving City's Notice to Proceed ("NTO"), and must complete each task within the time specified in Exhibit B. City Proj ect Stree t Light Jn stallalion-Randy Lane and Lal'l y Way Desig n Prof ess ion a l Ag reem ent {s in g le) /R e v. Dec. 2017 Pa ge 1 of IO 3.3 Time is of the essence for the perfonnance of all the Services . Consultant must have sufficient time, resources , and qualified staff to deliver the Services on time . 4. COMPENSATION 4.1 Maximum Compensation . City will pay Consultant for satisfactory perfo1mance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $20 ,000.00 ("Contract Price "), as specified in Exhibit C, Compensation , attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Basic Services. City will pay Consultant $15,800 .00 ("Lump Sum Price") for the complete and satisfactory perfo1mance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, subConsultant's costs, materials, supplies , equipment, travel, taxes, overhead and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction. 4.3 Additional Services. City has the discretion , but not the obligation, to authorize Additional Services up to an amount not to exceed$ 4 ,2 00.00 . Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis , Consultant will be compensated for actual costs only of nmmal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime , or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the amount due for the preceding month . City will pay Consultant within 30 days following receipt of a properly submitted and approved invoice for Services . The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of -----,e0n1plet-i0n-fm-ea eh-t-as-k, s-spe ei-fiecl-in-E-x-hibit-€:-Gi t-y-wi-l-l-n0ti-fy -G0nsu-l tant-in-wri ting--ohny--------- disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed pmiion of the Services . Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in 30 minute increments; (iv) the hourly billing rate or Sub- Consultant charge and payment due ; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses . City Project Stree t Light installa ti on-Randy Lane and Larry Way Des ig n Profess ional Agreement (s in g le) !R ev. Dec. 20 1 7 Page 2 of 10 b. Rates and Receipts. All hourly rates and reimbursable expenses must conf01m to the City- approved rates set fo1ih in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses . 5. INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee, paiiner, or joint venture of the City. Consultant is solely responsible for the means and methods of perf01ming the Services and shall exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits , worker's compensation, retirement, or any City benefit. 5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its subConsultants that they have the qualifications and skills to perfo1m the Services in a competent and professional manner, as exercised by design professionals perf01ming similar services in the San Francisco Bay Area. Services may only be perfo1med by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be perfo1med as specified to City's reasonable satisfaction . 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any subConsultants that they are properly licensed, registered , and/or ce1iified to perfo1m the Services , as required by law , and that they have procured a valid City Business License . 5.4 SubConsultants. Unless prior written approval from City is obtained, only Consultant's employees and subConsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all subConsultants to furnish proof of insurance for workers ' compensation, commercial liability, auto, and professional liability in reasonable conf01mity to the insurance required of Consultant. The te1ms and conditions of this Agreement shall be binding on all subConsultants relative to the portion of their work. 5 .5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all tools , materials and equipment required to perfonn the Services under this Agreement. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this -----AgF €@ment--;-lJp0I1-Gi t-y_:_s-H~EJHest,G0 ns-ult-ar1t-w-il-l-13r0v-icl e-131'00f-of-paym.ent-ancl-w-iH-indernni-fy-e it y·--- for any violations pursuant to the indemnity provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its e1TOrs and omissions and those of its SubConsultants , and must take prompt mea sures to avoid, mitigate, and correct them at its sole expense . 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential infonnation 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 . Consultant shall hold in confidence all City infornrntion and use City Project Street Light Installation -Randy Lane and Lany Way Des ig n Professional Agreem ent (s in g le) /Rev. D ec. 20 I 7 Pag e 3 of 10 it only to perfom1 this Agreement. Consultant shall exercise the same standard of care to protect City infonnation as a reasonably prndent Consultant would use to protect its own prop1ietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services , any interest (including copyright interests) of Consultant in any product, memoranda, study, repo11 , map, plan, drawing , specification, data , record, document, or other info1mation or work, in any medium, prepared by Consultant under this Agreement ("Work Product"), will be the exclusive prope11y of the City and shall not be shown to a third-pm1y without prior written approval by City 7.2 Copyright. To the extent pennitted by Title 17 of U.S . Code, all copyrights to the Work Product prepared/created by Consultant and its SubConsultants and all copyrights in such Work Product shall constitute City property. If it is dete1mined under federal law that the Work Product is not "works for hire", Consultant and SubConsultants hereby assign to City all copyrights to the Work Product when and as created . Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third pm1y intellectual prope11y, including but not limited to patented, trademarked, or copyrighted intellectual prope11y 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 Consultant and its SubConsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City's re-use of Work Product: (a) For work related to the original Services for which Consultant was hired; (b) To complete the 01iginal Services with City personnel , agents or other Consultants; (c) To make subsequent additions to the 01iginal Services; and/or (d) For other City projects . 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar -----i-t €l-m-s-nmst---b €l---in-GAQ-anEl-J2JJ F-fern:iat-s ,anEl-t1nl es-s-0t-her-w-is e--spee-i-fiecl,0 the1'---Ei0 euments-must-be-i-n,------- Microsoft Office applications and PDF f01mats . 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures . The records must include detailed information about Consultant's perfo1mance, benchmarks and deliverables . The records and supp011ing documents must be kept separate from other files and maintained for a period of four years from the date of City's final payment. 8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data , documents , proceedings, and activities related to this Agreement. If a supplemental examination or City Proj ec t Streel Lighl fn slallation-Randy Lane and lany Way Des ig n Professional Agreement (s in gle) /R ev. Dec. 20/ 7 Page 4 of l 0 audit of Consultant's records discloses non-compliance with appropriate internal financial controls , a contract breach, or a failure to act in good faith , City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instrnments of service/deliverables for review and audit. This Section survives the expiration/tennination of this Agreement. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate , or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means 50% or more of the voting power of the business entity. This Agreement binds Consultant, its heirs , successors and assignees. 10. PUBLICITY/ SIGNS Any publicity generated by Consultant for the project under this Agreement, during the te1m of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupe11ino" 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 prope11y, except signage required by law or this Agreement, without prior w1itten approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold haimless the City, its City Council, boards and commissions, officers, officials , employees, agents, servants, volunteers and consultants ( collectively, "Indemnitees"), as follows: a. Indemnity Obligations Subject to Civil Code Section 2782.8. With respect to the Services perfonned in connection with the Agreement, Consultant shall indemnify, defend, and hold hannless Indemnitees from and against any and all liability, claims, actions, causes of action, demands or charges whatsoever against any Indemnitee, including any injury to or death of any person or -------amage-tG -p1=Gpe1::t.y-G1~Gthe1=---I-iabi-I-i-t-y-0.t-an.y-11atui:€-(G0 l-l€Gti-v:€ly,..::.L-iabi-l-it-y''},that-ai:i-s©--0 1:1-t-0f,13e1=EaiF1------- to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, officials, employees, agents or SubConsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees , and all other costs and fees oflitigation. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold hannless Indemnitees from and against any claim involving intellectual property, infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope11y rights, which arises out of, pe11ains to, or relates to Consultant's City Project Street Light In stallation-Randy Lane and LanJ' Way Design Professional Agreement (si ng le) /Rev. Dec. 2017 Pa ge 5 of I 0 negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City 's choice , expe11 fees and all other costs and fees oflitigation. c. Claims for Other Liability. For all other liabilities not included in provisions "a " and "b" above, Consultant shall indemnify, defend, and hold harmless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including any injury to or death of any person or damage to prope11y , or other liability of any nature arising out of, pe11aining to, or relating to the performance of this Agreement by Design Professional, its employees, officers , officials, agents or subconsultants, including liability based on breach of contract, obligations, or waiTanties, or any unauthorized use or disclosure of City's confidential and proprietary info1mation . 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers ' Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 If this Agreement is entered into or amended on or after January 1, 2018, Consultant's duty to pay for any oflndemnitees ' defense related costs will be limited to its propo11ionate share of fault , as determined by final decision by a com1 of competent jurisdiction, subject to any applicable exceptions in Civil Code section 2782.8. 11.4 Consultant agrees to pay the reasonabl e costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expe11 fees , and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. Section 11 survives expiration or te1mination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory ce11ificates of insurance and endorsements evidencing the t e , amount, class of o erations covered and the effective and expiration dates of coverage. Alternatively, City may te1minate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Refonn and Control Act, or other federal or state law, rule or regulation. City Project Str ee t Light In s tallation-Randy Lane and Lan y Way D esig n Professional Agreement (s in g le) /Rev. Dec. 2017 Page 6 o f 10 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Serv ices includ e a "public works" component, Consultant must compl y with prevailing wage laws under Labor Code Section 1720 and other labor laws . To the extent applic able, Consultant must comply with City's Labor Compliance Program and with state labor laws pe11aining to working days , ove11im e, payroll records and DIR Registration and Oversi g ht. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship r equirement in L abor Code Section 1777 .5 . 13.3 Discrimination Laws. Consultant shall not discriminate on the b asis 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. Consultant shall comply with all anti-discrimination laws, including Government Code Section 12900 and 11135, and Labor Code Section . 1735, 1777 and 3077.5. Consistent with City policy prohibiting, Consultant understands that harassment and discrimination by Consultant or any of its subConsultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant wan-ants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes ce11ain go v ernmental decisions or serv es in a staff capacity, as provided in Section 18700 of the California Code of Regulations and other laws . Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City's mies governing gifts to public officials and employees . 13.5 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or tenninating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11 . Consultant agrees to indemnify, defend , and hold City hannless from and against any loss , liability, and expenses arising from noncompliance with this Section . 14 . PROJECT COORDINATION -----1-4-;-l-eity-ProJect-Manage . 'fhe-e ity'-s-Proj ect M-arra-gerf or atl-prrqm s-es----mrd eTtlrtrAgreement will be John Raaymakers , who shall have the authority to manage this Agreement and oversee the progress and perfornrnnce of the Services . City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City 's rea sonable approval, Consultant's Project Manager for all purposes under this Agreement will be _D~. a_n_i_e_l _L_e_a1~·y~----------- who shall be the single representative for Consultant with the auth01ity to manage compliance with this Agreement and oversee the progress and performance of the Services . This includes responsibility for coordinating and scheduling the Services in accordance w ith City instrnctions, service orders, and the Schedul e of Perfo1mance, and providing regular updates to the City 's Project Manager on the Proj ect status , progress, and any delays. City written approval is required p1ior to Consultant substituting a new Project Manager, which shall result in no additional co sts to City or Project delays . City Pr oj ec t Stree t Lig ht fns tallati on-Randy l ane and l cm y Way · Des ig n Prof ess ional Ag reement (s in g le) /Rev. Dec. 20 17 Page 7 of I 0 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thi1ty (30) calendar days written notice to Consultant. • Consultant will be compensated for satisfactory Services perfonned through the date of abandonment and will be given reasonable time to assemble the work and close out the Services . No close out work shall be conducted without City reasonable approval of closure costs , which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thi1ty (30) days of Consultant's final invoice reasonably approved by the City. 16. TERMINATION City may te1minate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the tennination date. Consultant will be paid for satisfactory Services rendered through the date of tennination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant's final invoice. 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rnles which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Comi for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the pai1ies are subject to all valid laws, orders , rnles , and regulations of the autho1ities having jmisdiction over this Agreement ( or the successors of those authorities). If a dispute aiises, Consultant must continue to provide the Services pending resolution of the dispute. If the Pai1ies elect arbitration, the arbitrator's award must be supp011ed 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 pai1y will be entitled to reasonable attorney fees and costs . This Section survives the expiration/te1mination -----,of-this-A greement . 19. THIRD PARTY BENEFICIARIES There are no intended third pai1y beneficiaiies 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 any breach shall not be deemed to constitute waiver of another te1m, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. City Project Stree t light !nsta fl ation-Randy Lane and Lan y Way Design Profess ional Agreement (s in g le) /Rev. Dec. 201 7 Page 8 of I 0 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of the Pai1ies, of every kind or natme, and supersedes any and all other agreements and understandings, either oral or written, between them. Any modification of this Agreement will be effective only if in writing and signed by each Pai1y's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between this main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be infened in this Agreement. Either pai1y may request an amendment to cure any mistaken inse11ion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience only, are not a pat1 of the Agreement and in no way affect, limit, or amplify the tenns or provisions of this Agreement. 24. SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a pai1icular situation, is found by the com1 to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such rnling. All other tenns and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent to the persons below in writing to the persons below, ------a-n~ w111 be consi ere effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ce11ified, or the next business day following electronic submission: To City of Cupe11ino 10300 T01Te Ave. Cupe11ino CA 95014 Attention: John Raaymakers Email: johnr@cupertino .org To Consultant: Bellecci and Associates 7041 Koll Center Parkway, Suite 132 Pleasanton CA 94566 Attention: Daniel Leary Email : daniel @ bellecci .com City Proj ect S tr ee t Light installation-Randy La ne and Lar,y Way D esig 11 Profession a l Agreement (s i11 g /e) /Re v. Dec. 2017 P age 9 o f 10 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if it complies with the contract provisions of Cupet1ino Municipal Code Chapters 3 .22 and 3.23 , is si g ned by the City Manager or authorized designee , and is approved for form by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all actions herein , and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which , taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the pai1ies have caused the A greement to be executed on the Effective Date stated earlier in this Agreement. Title ---------~~~..__.~~--~ Date CITY OF CUPERTINO A Municipal Corporation By~~ Name : Timm Borden Title : Director of Public Works Date 1Uo /r i, • I Ta x ~D: N o.: r) e ... 022903 ) OVED AS T~ORM: 'kio V , V..·.vrr _J~f 0_L j/fvr~_t1<-_____ _ RAN OLPH STEVENSON HOM 7-, J Cupertino City Attorney ATTEST: ~et~ City Clerk Contract Amount: Account No.: * $20 ,000.00 420-99-058-900-905 -ST 025-02-02 f1f? ~ 2D t i / '5 eo City Project S treet Light Installation-Randy Lane and Lan J' Way Design Profess ional Agreement (s ingle) /Rev. Dec. 201 7 Page IO o f I 0 EXHIBIT A BASIC SERVICES The requirements for Basic Services are set forth in this Exhibit A, including general requirements and specific Tasks. This is an exhibit attached to, and made a part of, the Agreement b etween the City of Cupertino ("City") and Bellecci & Associates, Inc. ("Consultant") for the provision of Civil Engineering D es ign services ("Services"). Consultant shall perform professional services as detaile d in the following sections related to the design, bidding and construction for a Public Works Project. (Hereafter referred to as "Project") SECTION 1. GENERAL A. General Project Description: The Project involves design development, construction document preparation, bid support, and construction administration services for the project. The project will be for the construction of infill street lighting on Randy Lane and Larry Way. B. General Performance Requirements: 1. The performance of all services by Consultant shall b e to the satisfaction of the City, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this Agreement. 2. The City's Department of Public Works shall manage the Project and this Agreement. Consultant shall receive final direction from the City's Director of Public Works or his/her authorized designee (hereinafter collectively "City") only. The City shall resolve any conflicting direction from other groups, departments or agencies. ---------3-. --Ecnsu-ltant-sha-H-cccrd-inate-t:his-scope-of-services-with-the-Eity-a:s-welhrs-with other City Consultants and Consultants, as n ee ded or as directed by the City. Consultant shall schedule meetings and pre pare meeting agendas and minutes for all Project meetings during the design phase under the scope of work. All minutes of m eetings are due to the City within fiv e (5) working days after the meeting . Consultant shall provide copies of such documentation to the City, and as directed by the City, to other appropriate agencies and entities . Consultant shall coordinate all responses to comments through the City. 4. Consultant shall designate and provide to the City the names of their team m embers for the Project. The team m embers shall b e satisfactory to the City. Bellecci & Associates, Inc . Ex hibit A Street Light In sta ll at io n-Randy Ln & Larry Wy I of9 Consultant shall not substitute any team m embers without the prior approval of the City. 5. Cons ultant's services shall be performed as exp editiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance include d in EXHIBIT B, may b e adjusted by mutual agreement. 6 . Consultant shall manage its SUBCONSULTANTS, and administer the Project. Consultant shall consult with the City, research applicable design criteria, and communicate with members of the Proj ect t eam. SECTION 2. TASKS Task 1 Preliminary Design 1.01 The Consultant shall develop a Project base map with an aerial image background . 1.02 The Consultant shall utilize existing data to the ext e nt possible and inform the City immediate ly of proble ms associated with using existing data for Project base information. 1.03 The Consultant shall prepare a preliminary one-sheet plan exhibit showing the propose d new lights, conduit and service point location(s) to be used for the PG&E a pplication. The plan shall include all utility information received from utilities that are present as well as property limits wherever p ossible. 1.04 Utility Coordination: Coordinate with all utility owners who may have facilities within the Project area or that may be impacte d by the -Project work. Transmit preliminary plans for the identification of pote ntial conflicts. Coordinate potholing b y utility companies and owners as required. 1.05 Consultant shall prepare an on-line PG&E application for n ew service points and/or other service request s as n ee d e d . 1.0 Deliverables: (all d e live rables dig ital unless otherwise noted) 1.1 Summary of Utility Companies Contacted and Actions Taken 1.2 Preliminary Exhibit in PDF and AutoCad Formats 1.3 PG&E Service Application(s) Bell ecci & Associates, Inc. Ex hibit A Street Light Installation-Randy Ln & Larry Wy 2 of9 Task 2 Draft (35%) Design 2.01 Meetings: Participate in one design team meeting with representatives of the City during the Draft Design phase and provide written meeting minutes to the City within two (2) business days. 2.02 Draft Plans: Prepare Draft Design Plans and submit them to the City for review and comment. The plans shall be prepared digitally using current AutoCad software. The plans shall b e formatted per City standards and submitted with other Draft Design Documents as noted below. The Draft Plans will include the major items of work neede d to accomplish the Proj ect goals . The sheets to be provided for this Draft Plan submittal is to include: • Sheet 1-Cover Sheet (template provided by City) • Sheet 2-Base/Improvement Map Will include existing and proposed street light locations, conduit layout, conduit and conductor size, and construction notes as appropriate. • Sheet 3-Construction Details • Shee t 4-Best Management Practices Sheet, provided by the City 2.03 Draft Estimate: Prepare a Draft Estimate of Probable Construction Cost based on items and quantities of work shown on the Draft Plans and other anticipated improvements. Prices will be based on the magnih1de of the quantities and the Consultant's experience with similar local projects and engineer's judgment. 2.0 Deliverables: (all deliverables digital unless otherwise noted) 2.1 Meeting Notes 2.2 Draft Plans (PDF format) 2 .3 Draft Construction Cost Estimate Task 3 Pre-Final (95 %) Construction Documents 3.01 95% Construction Documents: The 95% Construction Documents shall be a refinement of the Draft Design documents and are to be base d on comments received for the Draft review. The 95% Plans, Technical Specifications, and 95% Cost Estimate shall be submitted together. B ell ecci & Associates, Inc . Exhib it A Street L ight Installation-Randy Ln & Larry Wy 3 of9 3.02 95% Plans: Prepare 95% Design Plans and submit them to the City for review and comment. 95% plans shall include any sheets not previously submitted. Advance the design to the point that all design issues and solutions are represented in the plans. 3.03 Technical Specifications: Prepare Technical Specifications and submit them to the City for review and c01mnent. The Technical Specifications are to reference City or Caltrans Standard Specifications for the various items of work, including m easurement and payment provisions. Technical Specifications are to be in Microsoft Word format. Items to be addressed by the Technical Specifications include, but are not limited to, mobilization, traffic Control, PG&E requirements, property owner notifications, concrete and asphalt work, and landscape/private property restoration. 3.04 95% Cost Estimate: Prepare a 95 % Estimate of Probable Construction Cost based on items and quantities of work shown on the 95% Plans and other anticipated improvements . Prices will be based on the magnitude of the quantities and the Consultant's experience with similar local projects and engineer's judgment. 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3.1 95% D esig n Plans (PDF format) 3.2 Technical Specifications 3.3 95% Construction Cost Estimate Task 4 Final (100%) Construction Documents 4.01 100% Construction Documents: The 100% Construction Documents shall address any comments received for the 95 % review . The 100% Plans, Technical Specifications, and Cost Estimate shall be submitted together on a flash drive. In addition, provide one (1) complete wet signed, stamped set of Construction Documents and Technical Specifications. The submitted documents shall be in reproducible, hard copy format. City will review the 100% Construction Documents for confirmation that responses to all previously provide d comments are appropriately integrated. Consultant is to make any changes to the 100% plans that are requested by City . 4.02 100% Plans: Prepare 100% Design Plans and submit them to the City . 4.03 100% Technical Specifications: Update the Final Technical Sp ecifica tions and submit the 100% Technical Specifications to the City . 4.04 100% Cost Estimate: Prepare a 100 % Estimate of Probable Construction Cost as needed base d on items and quantities of work shown on the 100% Plans Bell ecci & Associates, In c. Exh ibit A Street Light In sta ll ation -Randy Ln & Larry Wy 4 of9 4.0 Deliverables: (all deliverables digital unless otherwise noted) 4.1 100% Plans (digital+ hard copy) 4.2 100% Technical Specifications (digital+ hard copy) 4.3 100% Cost Estimate (digital+ hard copy) Task 5 Bid and Award Support 5.01 Bid Period Assistance: Provide the following bid phase services, at the City's request, through award of the construction contract: Consultant shall provide up to two hours of bid support which may include, at the discretion of the City: • Assist City in responding to bidders' questions • Assist the City in developing addenda • Consultant work may include new or revised Plans, new or revised Technical Specifications and/or removal of items from the Project Plans and/or Specifications and responding to questions and providing clarifications. • Assist the City in the review of substitution submittals during the bid phase. • Conform project plans to incorporate any addenda issued. Consultant shall provide complete electronic forma t Conform Set Construction Documents and Technical Specifications in 1) native file formats (AutoCAD, MS Word) and 2) pdf on a flash drive media. 5.0 Deliverables: (all deliverables digital unless otherwise noted) 5.1 Written response to Bidders' questions 5.2 Written evaluation of substih1tion submittals 5.3 Project Addenda 5.4 Conformed Project Documents Task 6 Construction Support Consultant shall provide up to 16 hours of Design Support during the Construction phase, which may include at the discretion of the City: 6.01 Submittal Review: Review and approve or reject the Consultant's submittals within five (5) working days of receipt. The Consultant may request additional review time for particularly complex or unusual submittals. The City shall not grant additional review Bellecci & Associates, Inc . Exhibit A Street Light In stallation-Randy Ln & Larry Wy 5 of9 time for standard construction item submittals. The Consultant shall maintain a detaile d record of all submittals and content supplied b y the Consultant. 6.02 Requests for Information: Review Consultant Requests for Information (RFI) and provide a written response to the Consultant with a copy to the City, within five (5) working days of receipt. The Consultant's response may provide, with advance City approval, supplemental drawings and/or specifications n ecessary to clarify the RFI. 6.03 Change Orders: Review and advise the City on requests b y the City or Consultant for changes in the construction of the Project. The Consultant shall review City prepared Contract Change Orders and, where n ecessary, pre pare Drawings and Specifications to describe Work to b e added, dele ted or modifie d . The Consultant shall maintain all records relative to changes in the construction. 6.04 Site Meetings: Attend up to two (2) site meetings in the Construction phase and provide meeting minutes to the City within two (2) business days . 6.05 Prepare Record Drawings: Consultant to prepare final Record Drawing documents from Contractor's mark ups and other contract changes . 6.0 Deliverables: (all delive rables digital unless otherwise note d) 6.1 Responses to submittals, submittal log 6.2 Respon ses to Reques t s for Infomation 6.3 Review comments for City prepared Change Orders 6.4 M eeting Minutes 6.5 Record Drawings ADDITIONAL SERVICES Consultant Services beyond the work in these tas ks may be prov ide d b y Consultant as Additional Services only if such Additional Services are authorized in writing by the City in advance. An Additional Services amount of Forty-Two Hundre d dollars ($4,200.00) is made a art of thi s a reement. Additional services ma k Eai d for as a negotiated maximum ot to exceed amount or b y a time and m a te rials cost accounting w ith a maximum not to excee d. Bell ecci & Assoc iate s, Inc . Exh ib it A Street Light In sta ll at ion-Randy Ln & Larry Wy 6 of9 EXHIBIT B SCHEDULE OF PERFORMANCE Consultant shall complete all work by January 31, 2019. This Schedule of Performance establishes the milestones for co1m11enc ement and completion of the Tasks for Basic Services as specified in Exhibit A, Scope of Services . TASK # TASK DESCRIPTION COMPLETION Task #1: Preliminary Design 3 weeks after Notice to Proceed (NTP) Task#2 Draft (35%) Design 3 weeks after Task 1 completion Task #3: Pre-Final (95%) Construction Documents 4 weeks after Task2 completion Task #4: Final (100%) Construction Documents 2 weeks after Task3 completion Task #5: Bid and Award Support Occurs during the Bid and Award phase of project Task #6: Construction Support Occurs during t-he Construction phase of the project Bellecci & Associates, Inc . Exhibit B Street Light In sta ll ation-Randy Ln & Larry Wy 1 of 9 EXHIBIT C COMPENSATION Capi tali zed terms which are defined in the Agreement have the same meaning in this Exhi bit C. This Exhibi t C on C ompen sation suppleme nts the p rovision s o f Sec ti on 4 of the Agreement on C ompe n s ation , as fur ther s p e cified in Secti on 4. 1. BASIC SERVICES BUDGET SCHEDULE Th e follo win g budget sch e dule w ill b e u se d t o d e t ermine m onthly compen sati on fo r Basic Service s base d on the d egr ee o f comple ti on , subj ec t to confir matio n and agreem ent b y the City, and budget for each li s te d Tas k: TASK # TASK DESCRIPTION TASK BUDGET 1 Preliminary Design 5,800 2 Draft (35%) Design 5,000 3 Pre-Final (95 %) Construction Documents 2,000 4 Final (100 %) Construction Documents 80 0 5 Bid and Award Support 245 6 Construction Support 1,955 Total for Basic Services: $15,800 D esig n P rofessi on a l m ay n o t bill in excess of th e Task Bud get a m o unt for any Task w ithout p rior writte n a uthorizat io n fro m the City . Th e City h as the d iscreti on , but n o t the obligati on , t o reall oc ate the budgete d amounts fo r e a ch Task, subj ec t to the n o t t o exceed limit s p ecifie d in Se cti on 4. 2. HOURLY COMPENSATION FOR ADDITIONAL SERVICES A. Hourly Rate Schedule. Th e C ity w ill compen sate the D esign Professi on a l for sati sfac t ory p erform ance of duly a uthorized Addition al Services w h ic h are s ubje ct t o Bell ecci & Assoc ia tes, In c. Ex hi bit C Street L ig ht Install at io n-Ra ndy L n & Larry Wy I of9 hourly billing, based on the hourly rate(s) set forth below, but subject to the compensation limits in Section 4 of the Agreement. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle, equipment and supply costs and the like. The hourly rates do not include Reimbursable Expenses, which are addressed below and in Section 4 of the Agreement. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Consultants Rate Schedule is attached as Attachment 1 B. Reimbursable Expenses. The following are allowed Reimbursable Expenses for authorized Additional Services compensated on an hourly basis (time and expenses), subject to the compensation limits in Section 4 of the Agreement: <modify as appropriate> • Necessary subconsultant services • Individual or multiple document reproductions that exceed 50 pages • Drawing or bid set reproductions to the extent authorized by City • Special software required by City specifically for the Project, excluding standard software programs such as Microsoft Office suite applications (i.e. Word, Excel, PowerPoint, Project, etc.), Adobe Acrobat, or standard photo editing programs • Necessary travel expenses to the extent allowed by City policy, with mileage reimbursed per the current IRS standard mileage rate at the time of travel • Safety equipment required by City policy or the Project scope of services • Mass mailing notifications • Special expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, or presentation equipment END OF EXHIBITS Bellecci & Associates, Inc. Exhibit C Street Light Insta llation-Randy Ln & Larry Wy 2 of9 ATTACHMENT I ~ Bellecci & Associates TIME AND MATERIALS HOURLY RA TE SCHEDULE EFFECTIVE TO JUNE 30, 2018 ENGINEERING & PLANNING SERVICES Principal Project Manager Construction Manager Professional Engineer Senior Engineer Design Engineer/ Associate Engineer/Project Engineer Senior Public Works Inspector Assistant Engineer Public Works Inspector Engineering Teclmician Planner Clerical LAND SURVEYING SERVICES Professional Land Surveyor Survey Coordinator Survey Technician Flag Person I -Man Survey Crew 2-Man Survey Party 3-Man Survey Party LEGAL AND EXPERT SERVICES Depositions and Trial Testimony REIMBURSABLE EXPENSES M-i-J-ea-ge-(per-current-IR-S-reimbursementrate) In House Printing: Bond ............................................... . Mylar ............................................... . $0.20/sf $4.75/sf Large Fonnat Color Presentation . . . . . . . . . . . . . . . . . $2 .50/sf Color Copies -8.5" x I I".......................... $1.00/ea -11" x 17''.... .... .... .... .... .. ...... $1.90/ea Outside Printing & Delivery Services: Cost+ 10% Subcontractors: Cost + 10% $ 224 $ 190 $ 184 $ 184 $ 160 $ 142 $ 138 $ 132 $ 118 $ 124 $ 154 $ 60 $ 184 $ 164 $ 124 $ 84 $ 196 $ 268 $ 338 $ 300 Overtime work will be charged at 135% of the standard hourly rates, however, no ove1iime will be charged without prior authorization by the client. CONCORD 2290 Di amond Blvd. Su ite 100 Concord, CA 94520-5744 Tel _ 925. 685.4569 PLEASANTON 7041 Ko ll Ce nte r Parkway , Suite 132 Pleasanton , CA 94566-3128 Tel. 925 .681.4885 Civil Engineering Land Surveying EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to conunencement of Services and maintain for the duration of the contract, at its own cost and expense, the following in surance policie s and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED l. Commercial General Liability (CGL) for bodily injury, prope1ty damage, personal injury liability for premises operations , products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a t(v general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Fo1m CG 25 03 or 25 04) or it shall be twice the required occmrencelimit. ':S 6t\ ~ a. It shall be a requirement that any ava il ab le insurance proceeds broader than or in excess of the ~ specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City b efore the City's own insurance or self-insurance shall be called upon to protect City as a named insured . 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and prope1ty damage. v 3. Workers' Compensation: As required by the State of California , with Statutory Limits and ---,-----E-mployer2-s -b iabi-lity-Insurance-of--no-less-than-$-1,000,000--per-occurrence-forbo-dilyi njury-ordisease-. -- 0 Not required. Consultant has provided written ?erification of no emp loy ees. 4. Professional Liability for professional acts, errors and omissions , as appropriate to Consultant 's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made fo1m: .;; ./ a . The Retroactive Date must be shown and must b e before the Effective Date of the Contract. b . Insurance must be maintained for at least five (5) years after completion of the Services . c . If coverage is canceled or non-renewed , and not repl aced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended rep01ting" coverage for a minimum of five (5) years after completion of the Services . OTHER INSURANCE PROVISIONS The aforementioned insurance sha ll be endorsed and have all the following conditions and provisions: Exh. D -In s urance R equirements for D es ig n Profess ionals & Consultants Con tracts Form Updated Feb. 2 018 1 Additional Insured Status The City of Cupertino, its City Council, officers , officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant 's CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant 's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non -payment of premiums. Waiver of Subrogation e onsultant waives any right to subrogation against City/ Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein . Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/ Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M . Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance ce1tificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right ---,---t-to-demand-verifrcatiun-of-c-on1ptiairc-e-at-anytime-duringtlre-eontra-cn--erm. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and /or higher limits than the mininmms shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice . Ex h. D -lnsuran ce R equirement s for D es ig n Professionals & Con sultants Contracts Fo rm Updat ed F eb. 2018 2 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/20/2018 Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 - Sarah D'anjou Doris A. Chambers 510 465-3090 510 452-2193 dchambers@dealeyrenton.com Bellecci & Associates, Inc 2290 Diamond Blvd, Suite 100 Concord, CA 94520 Associated Indemnity Corp. American Automobile Ins. Co. Berkley Insurance Company 21865 21849 32603 A X X X X X AZC80917773 09/10/2017 09/10/2018 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 B X X X X X MZA80326194 09/10/2017 09/10/2018 1,000,000 A X X X X AZC80917773 09/10/2017 09/10/2018 5,000,000 5,000,000 B X WZP81039830 07/01/2017 07/01/2018 X 1,000,000 1,000,000 1,000,000 C Professional Liability AEC901792502 12/04/2017 12/04/2018 $2,000,000 per Claim $2,000,000 Annl Aggr. REF: Street Light Installation - Randy Lane & Larry Way. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Cupertino, its officers, officials, employees, and volunteers. Commercial General Liability is primary and non-contributory and includes severability of interests per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Professional Liability Prior Acts Date 02/01/1983. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non-Payment of Premium. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 1 of 1 #S2304678/M2202404 BELLEASSOClient#: 583 DAC City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 REF: Street Light Installation - Randy Lane & Larry Way. NAME OF PERSON OR ORGANIZATION CONTINUATION: The City of Cupertino, its officers, officials, employees, and volunteers Bellecci & Associates, Inc AZC80917773 09/10/2017 EXCERPTS FROM: Fireman’s Fund ABC MULTICOVER –AB 91 89 08 07 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2.Blanket Additional Insured Section II –Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c)that insured’s financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s) 4.Blanket Waiver of Subrogation Section II –Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organization. 19.Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with: 2. Coverage C –Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured’s liability arising out of the ownership , maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance. EXCERPT FROM:PROPERTY/LIABILITY POLICY -- AB 90 00 12 93 II. K. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. Bellecci & Associates, Inc AZC80917773 POLICY NUMBER: COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 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: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): 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 . MZA80326194 Bellecci & Associates, Inc 09/10/2017 REF: Street Light Installation - Randy Lane & Larry Way. NAME OF PERSON OR ORGANIZATION CONTINUATION: The City of Cupertino, its officers, officials, employees, and volunteers FleetCover® Endorsement-CA 70 18 10 14 Policy Amendment(s) This endorsement modifies insurance provided under the following: 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 the endorsement. A. Broadened Named Insured Section II -Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if: (1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insur- ance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of America. However: (a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the be- ginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (b) Coverage under this pURYLVLRQ does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(l), (2) and (3) above does not apply to any organization that is covered as an insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent. B. Broadened Who Is an Insured 1. Form CAl (if attached to this policy), Section II -Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows: d. Your employee while using with your permission his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 1 of 9 MZA80326194 2. Form CA0020 (if attached to this policy), Section II -Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows: f. Your employee or agent while using with your permission his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto. C. Additional Insured Coverage and Waiver of Subrogation 1. Form CAl (if attached to this policy), Section II -Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if attached to this policy), Section II -Covered Autos Liability Coverage, A. Coverage, 1. Who Is An Insured; the following is added as item g.: Any person or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organization have agreed under an expressed provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add such person, organization, or governmental or public authority to this policy as an insured However, such person or organization is an insured: (1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which takes place after: (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you. 2. Form CAl (if attached to this policy), Section IV -Business Auto Conditions, A. Loss Conditions, item 5.; and form CA0020 (if attached to this policy), Section V -Motor Carrier Conditions, A. Loss Condi- tions, item 6.; the following is added: Waiver of Subrogation If required by a: a. Written insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a governmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of a covered auto. D. Auto Medical Payments -Increased Limit For each covered auto described in the Declarations or shown in the Schedule as having Auto Medical Pay- ments Coverage, the Medical Payments Limit of Insurance for those autos is revised to the greater of: 1. $5,000; or 2. The limit shown in the Declarations. E. Hired Auto Physical Damage Coverage and Loss of Use Expenses Hired Auto Physical Damage Coverage If Physical Damage Coverage is provided by this policy RQ your owned covered autos, the following applies: CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 2 of 9 Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. However, any such auto: 1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and 3. The most we will pay for any one loss in any one accident is the lesser of the following: a. Actual Cash Value of the damaged or stolen property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500. However: (1) If form CAl is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited li- ability company) or members of their households; and (2) If form CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households. Hired Auto Loss of Use Expenses Form CAl (if attached to this policy), Section III -Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use Expenses; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, A. Coverage, 4. Coverage Extension, b. Loss of Use Expenses; is deleted and replaced by the following: b. For Hired Auto Physical Damage, we will pay expenses for which an Insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a writWen rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss is provided for any covered auto; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto. However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $1,000. F. Coverage Territory-Hired Auto 1. Form CAl, (if attached to this policy), Section IV -Business Auto Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following: CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 3 of 9 (5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or bor- rowed without a driver for a period of 180 days or less, 2. Form CA0020 (if attached to this policy), Section V -Motor Carrier Conditions, B. General Conditions, 7. Policy Period, Coverage Territory, b.(5) is deleted and replaced by the following: (5) Anywhere in the world if a covered auto of the private passenger type is leased, hired, rented or bor- rowed without a driver for a period of 180 days or less, G. Communication Equipment Coverage Form CAl (if attached to this policy), Section III -Physical Damage Coverage, C. Limits of Insurance, Paragraph 1.b.; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, C. Limits of Insurance, Paragraph l.b.; is deleted and replaced by the following: b. All electronic equipment that reproduces , receives or transmits audio, visual or data signals in any one loss is $1,500, if, at the time of loss, such electronic equipment is: H. Tapes, Records, CDs and DVD Coverage The Physical Damage Coverage Section is amended as follows: 1. The exclusion referring to tapes, records, discs, or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment does not apply. 2. Under Comprehensive Coverage -Form CAl (if attached to this policy), Section III-Physical Damage Coverage, A. Coverage; and form CA0020 (if attached to this policy), Section IV-Physical Damage Coverage, A. Coverage; the following is added: We will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data elec- tronic equipment. We will pay only ifthe tapes, records, discs or other similar audio, visual or data elec- tronic devices: a. Are your property, or that of a family member; and b. Are in a covered auto at the time of a loss. The most we will pay for loss is $250. No deductible applies to this coverage. I. Personal Effects Coverage Form CAl (if attached to this policy), Section III -Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, A. Cover- age, 4. Coverage Extension; item c. is added as follows: c. Personal Effects Coverage We will pay up to $500 for loss for clothing items or other personal effects that are owned by an insured and are in a covered auto in the event of a covered loss. Personal Effects do not include audio visual or electronic devices, money, giftcards, securities, jewelry, or tools. This coverage is excess over any other collectible insurance. No deductible applies to this coverage. CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 4 of 9 J. Airbag Coverage Form CAl (if attached to this policy), Section III -Physical Damage Coverage, B. Exclusions, 3.a.; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, B. Exclusions, 3.a.; the following is added: However, mechanical breakdown does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge. K. Rental Reimbursement Form CAl (if attached to this policy), Section III -Physical Damage Coverage, A. Coverage, 4. Coverage Extensions; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, A. Cover- age,Coverage Extension; item d. is added as follows: d. Rental Reimbursement or Transportation Expenses If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for Physical Damage Coverage, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, incurred by you. This payment applies in addition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However: (1) We will pay only for those expenses incurred by you that begin 24 hours after the covered loss. (2) We will cease paying for those expenses, regardless of the policy's expiration date, at the earlier of the following dates: (a) The number of days reasonably required to repair or replace the covered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or (b) 45 days from the date this coverage begins. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred by you; or (b) $1,500. (4) This coverage does not apply while there are spare or reserve autos available to you for your oper- ations. (5) If loss results from the total theft of a covered private passenger type auto (if CA0020 is attached to this policy), or a covered private passenger auto (if CAl is attached to this policy), we will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under the Physical Damage Coverage Extensions. L. Extended Towing Coverage 1. Form CAl (if attached to this policy), Section III -Physical Damage Coverage, A. Coverage, 2. Towing, is deleted and replaced by the following: CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 5 of 9 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type, no deductible applies; and c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement. d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section III -Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing Coverage. For purposes of this coverage, disablement means a breakdown of the covered auto including me- chanical breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair. 2. Form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, A. Coverage, 2. Towing -Private Passenger Autos, is deleted and replaced by the following: 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However: a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type, no deductible applies; and c. If the covered auto is not of the private passenger type, our obligation to pay will be reduced by a $250 deductible per disablement. d. If the covered auto is not of the private passenger type and the disablement results from a loss covered under Section IV -Physical Damage Coverage, A. Coverage, Paragraphs 1, a., b., or c., there is no separate deductible for the Extended Towing Coverage. For purposes of this coverage, disablement means a breakdown of the covered auto including me- chanical breakdown, engine failure, or tire blowout, where repairs cannot be made roadside and a tow is required to remove the auto from the roadway and to seek additional services and repair. M. Cancellation -120 Days Notice If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing address known to us, written notice of cancellation at least 120 days prior to the effective date of cancellation. N. Supplementary Payments -Increased Limits Section II -Covered Autos Liability Coverage, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic law violations) required because of an accident we cover. We do not have to furnish these bonds. CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 6 of 9 (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earnings up to $500 a day, because of time off from work. 2. Duties In The Event Of Accident, Claim, Suit Or Loss -Amended Form CA (if attached to this policy) Section IV -Business Auto Conditions, A. Loss Conditions, item 2. a.; and form CA0020 (if attached to this policy) Section V -Motor Carrier Conditions, A. Loss Conditions, item 2. a.; is deleted and replaced by the following: a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to: (1) You, ifyou are an individual; (2) Your partner or member, if you are a partnership or joint venture; (3) Your member, ifyou are a limited liability company; (4) Your executive officer if you are an organization other than a partnership, joint venture or limited li- ability company; or ( 5) Your authorized representative or insurance manager. Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons listed above have such knowledge. Notice should include: (a) How, when and where the accident or loss occurred; and (b) The insured'sname and address; and ( c) To the extent possible, the names and address of any injured persons and witnesses. P. Unintentional Failure to Disclose Hazards Form CAl (if attached to this policy), Section IV -Business Auto Conditions, B. General Conditions, item 2.; and form CA0020 (if attached to this policy), Section V -Motor Carrier Conditions, B. General Conditions, item 2.; the following is added: However, if you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Q. Fellow Employee Coverage Section II -Covered Autos Liability Coverage, B. Exclusions, 5. Fellow Employee, the following is added: However, this exclusion does not apply if the bodily injury results from the use of a covered auto you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. R. Limited Mexico Coverage WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY -NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 7 of 9 IN SOME CASES THE COVERAGE PROVIDED HERE MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVER- AGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING IN MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUT- SIDE OF 25 MILES FROM THE BORDER OF THE UNITED STATES OF AMERICA. Form CAl (if attached to this policy), Section IV -Business Auto Conditions, B. General Conditions, item 7.; and form CA0020 (if attached to this policy), Section V -Motor Carrier Conditions, B. General Conditions, item 7.; the following is added: The coverage territory is extended to include Mexico, but only: (i) For accidents or losses occurring within 25 miles of the United States border; and (ii) For trips into Mexico of 10 days or less; and (iii) If the covered auto is principally garaged and principally used in the United States; and (iv) If the insured is a resident of the United States. If a loss to a covered auto occurs in Mexico, we pay for such loss in the United States. If the covered auto must be repaired in Mexico in order to be driven, we will not pay for more than the actual cash value of such loss as determined by us at the nearest United States point where the repairs can be made. Any insurance provided under this provision will be excess over any other collectible insurance. S. Extended Glass Coverage Form CAl (if attached to this policy), Section III -Physical Damage Coverage, A. Coverage, item 3.a.; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, A. Coverage, item 3.a.; is deleted and replaced by the following: a. Glass breakage. If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. T. Broadened Definition of Bodily Injury Form CAl (if attached to this policy), Section V -Definitions, item C.; and form CA0020 (if attached to this policy), Section VI -Definitions, item C.; is replaced by the following: C. Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U. Customer Lease or Loan Physical Damage Coverage Extension Form CAl (if attached to this policy), Section III -Physical Damage Coverage, C. Limits oflnsurance; and form CA0020 (if attached to this policy), Section IV -Physical Damage Coverage, C. Limits of Insurance; item 4. is added as follows: 4. If your covered owned auto is: (1) Shown in the Schedule and designated as covered for Physical Damage Coverage; and (2) Shown in this policy as having a loss payee or additional insured-lessor; and CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 8 of 9 (3) Incurs a covered total loss; we will pay the greater of: (a) The actual cash value, as determined by us, of the damaged or stolen property as of the time of the total loss; or (b) The outstanding indebtedness under the initial finance agreement for the covered auto and its equip- ment. As used here, outstanding indebtedness means the amount you owe on the finance agreement at the time of total loss: (i) Less any amounts representing taxes, overdue payments, penalties, interest, or charges resulting from overdue payments, additional mileage, excess wear and tear, or lease termination fees; and (ii) Less any administrative costs or overhead fees assessed by the fmance company who has leased the covered auto to you; and (iii) Less security deposits not returned by the lessor; and (iv) Less costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (v) Less carry-over balances from previous loans or leases. V. Two or More Deductibles 1. Section III -Physical Damage Coverage D. Deductible, of form CAl (if attached to this policy), the following is added: If another Fireman's Fund Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies: (1) If the deductible under this Business Auto Coverage Form is the lesser (or least) deductible, it will be waived. (2) If the deductible under this Business Auto Coverage Form is not the lesser (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible. 2. Section IV -Physical Damage Coverage, D. Deductible of form CA0020 (if attached to this policy), the following is added: If another Fireman's Fund Insurance Company policy or coverage form that is not an automobile policy or coverage form applies to the same accident or loss, the following applies: (1) If the deductible under this Motor Carrier Coverage Form is the lesser (or least) deductible, it will be waived. (2) If the deductible under this Motor Carrier Coverage Form is not the lesser (or least) deductible, it will be reduced by the amount of the lesser (or least) deductible. All other terms and conditions of the policy remain unchanged. CA7018 10-14 © 2014 Fireman's Fund Insurance Company, Novato, CA. All rights reserved. Page 9 of 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 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 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 REF: Street Light Installation - Randy Lane & Larry Way. Waiver of Subrogation in favor of:- The City of Cupertino, its officers, officials, employees, and volunteers Bellecci & Associates, Inc WZP81039830 07/01/2017