Loading...
19-042 D'Angelo and Associates, Design Services for Upgrade of Cupertino Room at Quinlan Community Center SECOND AMENDMENT TO AGREEMENT 19-042 BETWEEN THE CITY OF CUPERTINO AND D'ANGELO AND ASSOCIATES.INC.. FOR DESIGN SERVICES FOR UPGRADE OF THE CUPERTINO ROOM AT THE OCC This Second Amendment to Agreement 19-042 between the City of Cupertino and D'Angelo and Associates, Inc., for reference dated 7/16/2019, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and D'Angelo and Associates, Incorporated ("Consultant")whose address is 29 Drackert Lane, Ladera Ranch CA. 92694, and is made with reference to the following: RECITALS: A. On 3/12/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Design Services for Upgrade of the Cupertino Room at the Quinlan Community Center. B. The Agreement and the First Amendment are collectively referred to as the "Agreement" unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. TERM Paragraph 1 of the Agreement is modified to read as follows: This agreement begins on the effective date and ends on June 30, 2020 ("Contract Time"), unless terminated earlier as provided herein. Contractor's services shall begin on March 12, 2019 and shall be completed by June 30, 2020. 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. CONSULTANT APPROVED AS TO FORM _ By Azz: Title President City Attorney i CITY OF CUPE T O ATTEST: By ez - Title Bill Mitchell,Chief Technology Officer City Clerk i EXPENDITURE DISTRIBUTION PO#2019-516 Click here to enter tealt. Original $15,100 Amendment#1: 0 Amendment#2: 0 Total: $15,100 AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.� 04/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA aH0Nrio E:t: (888)202-3007 n/c NoJ: 520 Madison Avenue E-MAIL ADDRESS: contact@hiscox.com 32nd Floor New York,NY 10022 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: JOSEPH D'ANGELO AND ASSOCIATES, INC 29 DRACKERT LANE INSURER C LADERA RANCH,CA 92694 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE "NSD sWVD POLICY NUMBER MMIDDY/YYYY MM/DD/YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGES(RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A X Primary&Noncontributory Y Y UDC-1986310-CGL-19 05/26/2019 05/26/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PEC LOC PRODUCTS-COMP/OPAGG $ SIT Gen.Agg OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino,including its City Council,Board and Commissions,Officers,Officials,Agents,Employees,Consultants and Volunteers are named as additional insured.The Hisc ox General Liability Policy UDC-1986310-CGL-19 is endorsed with waiver of subrogation endorsement E5402 in favor of City of Cupertino.The Hiscox General Liability Policy UDC- 1986310-CGL-19 is primary subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i i @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACC?R" CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/DD/YYYY) `„� 05/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT RYAN DWIGHT OR JUNE HILBERT NAME: StateFarm RYAN DWIGHT, AGENT LICENSE#OH76751 AHONNo Ext: 714-432-8170 A/c No): 949-209-3387 A STATE FARM INSURANCE E-MAIL SS: june.hilbert.i70n@statefarm.com 150 PAULARINO AVENUE D-190 INSURERS AFFORDING COVERAGE NAIC# COSTA MESA CA 92626 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B D'ANGELO AND ASSOCIATES,INC INSURER C INSURER D 29 DRACKERT LANE INSURER E: COSTA MESA CA 92627-2701 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LR TYPE OF INSURANCE INSp SWVp UER POLICY NUMBER MMLDD/YYW MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ El DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY Y COMBINED SINGLE LIMIT $ Ea accident ANY AUTO 5266118-Al2-75A 01/12/2019 07/12/2019 BODILY INJURY(Per person) $ 1,000,000 A OWNED SCHEDULED BODILY INJURY(Pidt $ 1,000,000 AUTOS ONLY AUTOS eraccen) HIRED NON-OWNED 604 1387-D26-75 04/26/2019 10/26/2019 PROPERTY DAMAGE $ 1 ()Ol)000 AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CONSULTANT ADDITONAL INSURED:CITY OF CUPRTINO, INCLUDING ITS CITY COUNCIL, BOARDS,AND COMMISONS,OFFICERS,OFFICALS,AGENTS, EMPLOYEES,CONSULTANTS AND VOLUNTEERS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CUPERTINO ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVENUE AUTHORIZED REPRESENTATIVE CUPERTINO CA 95014 41/� 11 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 A� O PO4/22/2019 ATE(MMIDDrMY) `C CERTIFICATE OF LIABILITY INSURANCE 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 CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA PHo No Ext: (888)202-3007 FVC 520 Madison Avenue E-MAIL 32nd Floor ADDRESS: contact@hiscox.com New York,NY 10022 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B JOSEPH D'ANGELO AND ASSOCIATES,INC 29 DRACKERT LANE INSURER C: LADERA RANCH,CA 92694 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I SCHEDULED AUTOS (AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ A Professional Liability Y Y UDC-1986310-EO-19 05/26/2019 05/26/2020 Each Claim:$1,000,000 Aggregate:$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino,including its City Council,Board and Commissions,Officers,Officials,Agents,Employees,Consultants and Volunteers are named as additional insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ,acoRO® CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 07/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: GEICO INSURANCE AGENCY PHONE FAX A/C No Ext: A/C No): 1 Geico Blvd E-MAIL Fredericksburg, VA 22412 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: A-GUARD Insurance Company 42390 INSURED INSURER B: Joseph D'Angelo And Associates, Inc. INSURER C: 29 Drackert Ln INSURERD: Ladera Ranch, CA 92694-1400 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 0 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 0 MED FXP(Any one person) $ 0 PERSONAL&ADV INJURY $ 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 POLICY❑PRO- LOC PRODUCTS-COMP/OP AGG $ 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION STAT X UTE OERH AND EMPLOYERS'LIABILITY Y 1 N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1 OOO OOO A OFFICEWMEMBEREXCLUDED? IN IN/A 30WC077051 05/31/2019 05/31/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 IF yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Employees: Full Time: 0; Part Time: 0 Governing Class Description: COMPUTER SYS DESIGN/PRGM -TRAVELING CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AM HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1986310-CGL-19 Named Insured: JOSEPH D'ANGELO AND ASSOCIATES, INC Endorsement Number: 18 Endorsement Effective: May 26, 2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Cupertino, including its city council, board and commissions, officers, officials, agents, employees, consultants and volunteers. 10300 Torre Ave. Cupertino,CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) 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 1.05 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Avidex Industries,LLC Consulting 13555 Bel-Red Road,Bellvue WA The City of Cupertino Consulting This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. 3OWC995370 Endorsement No. Insured Insurance Company Countersigned By 01998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CU ERTINO AND D'ANGELO AND ASSOCIATES_ FOR DESIGN SERVICES FOR IJPGRADE OF THE CUPS TINO ROOM AT TH . QUINLAN COMMUNITY ENTER This Amendment to the Agreement between the City of Cupertino and D'Angelo and Associates, for reference dated 3/12/2019, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and, D'Angelo and Associates a Corporation ("Consultant") whose address is 29 Drackert Lane, Ladera Ranch, CA and is made with reference to the following: RECITALS: A. On 3/12/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for design services for upgrade of the Cupertino Room at the Quinlan Community Services. The Agreement will expire on 6/30/2019. B. The Agreement and the Amendment are collectively referred to as the "Agreement" unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. To the extent that Insurance Requirements in Exhibit D conflict with any other term,clause,or provision of the contract, including and not limited to any term, clause or provision in Exhibit A, the insurance Requirements in Exhibit D shall prevail and be controlling. 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. CONSULTANT CITY TINO By By Title 3/28/19 Title Interim City Manager. RECO DED O APR APPROVED AS TO FORM By Title Chief Technology Officer City Attorney ATTESY: �o City Clerk EXPENDITURE DISTRIBUTION PO #2019-146 Click here to enter text. / 5 , /ov Original /'S�, 100 Amendment#1: n Amendment#2: Total: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04)or it shall be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or(ii) the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. h 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 before the City's own insurance or self-insurance shall be called upon to protect City as a namedinsured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than$1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than$1,000,000 per occurrence for bodily injury or disease. J Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five(5) years after completion of the Services. c If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting"coverage for a minimum of five(5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Feb. 2018 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 Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement fiom 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, orbetter. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time duringthe Contract term. Subconsithants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above,City shall be entitled to coverage for the higher insurance limits maintained byConsultant. 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. Exh. D-Insurance Requirements for Design Professionals& Consultants Contracts Form Updated Feb. 2018 2 DATE(MMIDDIYYYY) AC"I?" CERTIFICATE OF LIABILITY INSURANCE `� 1 11/13/2018 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 CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA aDNN Ext (888)202-3007 F No): 520 Madison Avenue ADDRIess: contact@hiscox.com 32nd Floor New York, NY 10022 INSURERS AFFORDING COVERAGE NAIC# _ INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B JOSEPH D'ANGELO AND ASSOCIATES, INC INSURER C 29 DRACKERT LANE LADERA RANCH,CA 92694 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDDIYYYYI MMIDDIYYYY) LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE To RENTED CLAIMS-MADE � OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A X Primary&Noncontributory Y Y UDC-1986310-CGL-18 05/26/2018 05/26/2019 PERSONAL ADV INJURY s 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 NLOCX POLICY JEo PRODUCTS-COMPIOPAGG s S/T Gen.Agg OTHER: I$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acclnil ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTYDAMAGE $ HIRED AUTOS AUTOS (Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED J I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIM EMBER EXCLUDED (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino,including its city council,board and commissions,officers,officials,agents,employees,consultants and volunteers is named as additional insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino CA 95014 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Exhibit D DATE(MMIDDIYYYY) ® CERTIFICATE OF LIABILITY INSURANCE 11/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: GEICO INSURANCE AGENCY PHONE FAX 1 Geico Blvd EMAILo Exc): AC No: Fredericksburg, VA 22412 ADDRESS: INSURERS AFFORDING COVERAGE NAIC9 INSURERA: NorGUARD Insurance Company_ 31470 INSURED INSURER B: Joseph D'Angelo And Associates, Inc. INSURER C 29 Drackert Ln INSURER D: Ladera Ranch, CA 92694-1400 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 0 DAMAGE TO RENTED CLAIMSMADE OCCUR PREMISES(Ea occurrence)_ $ 0 MED EXP(Any one person) $ 0 PERSONAL&ADV INJURY $ 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 POLICY ]PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ 0 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOSONLY AUTOS HIRED NON-OWNED - PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X SEATUTE OERH AND EMPLOYERS'LIABILITY A OFFICERMEMBEREXCLUDEDANYPROPRIETORIPARTNER/EXECUTIVE YN NIA JOWC995370 .05/31/2018 05/31/2019 EE.L.EACHACCIDENT $ 1,000,000 (Mandatory in NH) .L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino, including its city council, board and commissions, officers, officials, agents, employees, consultants and volunteers is named as additional insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE �/, l ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks ofACORD ACcoZ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)f 11/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT RYAN DWIGHT OR JUNE HILBERT NAME: StateFarm RYAN DWIGHT, AGENT LICENSE#OH76751 PHONE 714-432-8170 FAX No 949-209-3387 STATE FARM INSURANCE a ARIL june.hilbert.i70n@statefarm.com 150 PAULARINO AVENUE D-190 INSURER(S)AFFORDING COVERAGE NAIC it COSTA MESA CA 92626 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED INSURER B D'ANGELO AND ASSOCIATES, INC INSURER C INSURER D: 29 DRACKERT LANE INSURER E: COSTA MESA CA 92627-2701 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ F71 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY[ PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE-LIMIT Y (Ea accideng $ ANY AUTO 526 6118-Al2-75E 06/18/2018 12/18/2018 BODILY INJURY(Per person) $ 1,000,000 A OWNED SCHEDULED BODILY INJURY(Per accident) $ 1,000,000 AUTOS ONLY AUTOS HIRED NON-OWNED 604 1387-D26-75 10/26/2018 04/26/2019 PROPERTY DAMAGE $ 1,000,000 AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CONSULTANT ADDITONAL INSURED: CITY OF CUPRTINO, INCLUDING ITS CITYU COUNCIL, BOARDS,AND COMMISONS,OFFICERS,OFFICALS,AGENTS, EMPLOYEES, CONSULTANTS AND VOLUNTEERS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CUPERTINO ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVENUE AUTHORIZED REPRESENTATIVE n CUPERTINO CA 95014 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016 AC ? CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 11/13/2018 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 CONTACT NAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA HONE EXt: (888)202-3007 /Ac,Not: 520 Madison Avenue -ADDRESS:32nd Floor contact@hiscox.com New York,NY 10022 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B: JOSEPH D'ANGELO AND ASSOCIATES,INC INSURER C: 29 DRACKERT LANE LADERA RANCH,CA 92694 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -(Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED P ROP E RTY DAMAG E $ HIREDAUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Y Y UDC-198631 O-EO-18 05/26/2018 05/26/2019 Each Claim:$1,000,000 Aggregate:$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino,including its city council,board and commissions,officers,officials,agents,employees,consultants and volunteers is named as additional insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino CA 95014 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��. a 71 - @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD oles HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1986310-CGL-17 Named Insured: JOSEPH D'ANGELO AND ASSOCIATES, INC Endorsement Number: 18 Endorsement Effective: October 27, 2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Cupertino, including its city council, board and commissions, officers, officials, agents, employees, consultants and volunteers. 10300 Torre Ave. Cupertino,CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 P HISCOX INSURANCE COMPANY INC. HISCOX Endorsement 4 NAMED INSURED: JOSEPH D'ANGELO AND ASSOCIATES, INC E5000.1 Additional Insured, Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1. In Clause VI. DEFINITIONS, paragraph V., "'You' or'Your'," is amended to include the following at the end thereof: You or Your shall also include the below listed "ADDITIONAL INSURED(S)," but only for the Wrongful Acts of those contemplated in paragraphs 1., 2. or 3. of the definition of"'You' or 'Your"': ADDITIONAL INSURED(S) City of Cupertino, including its city council, board and commissions, officers, officials, agents, employees, consultants and volunteers. 10300 Torre Ave. Cupertino, CA 95014 All other terms and conditions remain unchanged. Endorsement effective:October 27, 2017 Policy No.: U DC-1 98631 0-EO-1 7 Endorsement No: 4 By: Carl Bach (Appointed Representative) DPL E5000 CW (01/10) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) 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 1.05 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Avidex Industries,LLC Consulting 13555 Bel-Red Road,Bellvue WA The City of Cupertino Consulting This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. JOWC995370 Endorsement No. Insured Insurance Company Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. CITY OF PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of 12th day of March 2019 _ ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and D'Angelo and Associates ("Contractor"), a sole proprietor whose address is 29 Drackert Lane, Ladera Ranch, CA 92694 for Design Services for Upgrade of the Cupertino Room at the Quinlan Community Center 2. SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2019 ("Contract Time"), unless terminated earlier as provided herein.Contractor's Services shall begin on March 12, 2019 and shall be completed by June 3 0,2019 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit A. 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 $ 15,100.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit A, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty(30) days of completion of Services,Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. City Project Audio Video Design-Quinlan Cupertino Room Page I of 8 Professional/Consulting Contracts/Version:Mqr 2Z 20J8 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/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work, in any medium(collectively, "Work Product"),prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. City Project Audio Video Design-Quinlan Cupertino Room Page 2 of 8 Professionat/Consulting Conti acts/Version:MaY 22.2018 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 terra of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers,press releases, posters, brochures,public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold City Project Audio Video Design-Quinlan Cupertino Room Page 3 of 8 Pro&ssional/Consulting Conti-acts/Version:Ma.),22,201E harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract,obligations, representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Inforrmation; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this. section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor's payments maybe deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. City Project Audio Video Design-Quinlan Cupertino Room Page 4 of 8 P1-ofessional/Constilling Contracts/Version:11ar 22, 2018 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a"public works"component,Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee,a City employee,or any other person,by Contractor or its employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager.The City assigns Bill Mitchell as the City's representative fbr 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 Joey D'Angelo _ as its single Representative fbr 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 Perfbnnance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated fbr satisfactory Services performed through the date of abandonment, and will be City Project Audio Video Design-Quinlan Cupertino Room Page 5 of 8 Professional/Consulting Contracts/Version:A-lqy 22,2018 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 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. City Project Audio Video Design-Quinlan Cupertino Room Page 6 of 8 Professional/Consulting Contracts/Version:Mar 22, 2018 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. SEVERASILITY/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 To Contractor: D'Angelo and Associates 10300 Torre Ave.,Cupertino CA 95014 29 Drackert Lane Ladera Ranch,CA. 92694 Attention:Bill Mitchell Attention: Joey G. D'Angelo Email: bitchell@cupertino.org Email:joey@dangeloconsultants.com dangeloconsultants.com 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if(a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. City Project Audio Video Design-Quinlan Cupertino Room Page 7 of 8 Pi-okssionnf/Constdting Conti-acts/Version:tMgr 22,2018 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONTRACTOR CITY OF CUPERTINO A Municipal Corporation By Bye Name Joey G.D'Angelo Name Bill Mitchell Title President, D'Angelo and Associates Title Chief Technology Officer Date March 12,2019 Date March 12,2019 Tax I.D. No.: 82-0660844 APPROVED AS TO FORM: HEATHER M. MINNER Cupertino City Attorney ATTEST: GRACE SCHMIDT City Clerk City Project Audio Video Design-Quinlan Cupertino Room Page 8 of 8 Pirofessiona!/Consulting Conn-acts/Version:blur 22,2018 Exhibit A D;\NCELO AND ASSOCIATES March 5,2019 Peter Coglianese Multimedia Communications Specialist 10300 Torre Avenue Cupertino,CA 95014-3202 Ph: 408.777.1358 Em: peterc@cupertino.org Subject: Quinlan Community Center, Multipurpose Room Proposal for Technology Consulting Services Dear Peter: On behalf of D'Angelo and Associates (DNA),we would like to thank you for the opportunity to be a part of this project.We have outlined the following scope of service(s): AUDIOVISUAL SCOPE OF SERVICES Programming 1. At commencement of work,gather, review and analyze all data available on Quinlan Community Center's current audio-visual capabilities,methods and procedures as they pertain to defining the new overall audio- visual requirements. We suspect this would involve several direct programming sessions with Quinlan Community Center's IT,AV personnel,and end users. 2. Research the desires with regard to audio-visual technology,which shall be done concurrent with schematic design and end user interviews. DNA shall prepare a design criteria based on the results of the interviews and shall communicate the results to the Project Team. 3. Recommend for the Client's approval the audio-visual and technology-related designs, restrictions and systems to be developed within the new facility,which include,but are not limited to,the following: — The Client's goal and objectives for audio-visual and technology capability. — Review the types and numbers of persons to be accommodated in the various areas of the project. Provide recommendations for materials,construction,surfaces,acoustical criteria,lighting, heatloads,and other parameters that will affect the systems,their installation, and operation. Review all proposed basic systems and concepts within prevailing design schemes and advise as to appropriate room sizing,seating layouts,sightlines,clearances,etc. 4. Prepare a final written report on the audio-visual/technology program and operations incorporating all relevant information supplied by the Client.This report should include,but not be limited to,the following: -- The recommended audio-visual/technology capabilities and procedures. The recommended systems and equipment to meet the audio-visual/technology program. — Architectural and engineering requirements in terms of audio-visual/technology demands. — An estimated project cost. 5. Establish and monitor critical coordination clearances with architectural,structural,mechanical and other systems. 6. Attend project meetings and/or Team Coordination meetings(e.g.,working sessions). Design Development Phase During the Design Development phase, DNA will provide the following services: 1. Prepare Design Development documents which include,but would not be limited to,the following: — Drawings,for all rooms/areas,that depict layouts and reflected ceiling plans, sections, and elevations of all rooms with audio-visual capability showing fixtures and equipment, power, data, backing, conduit, architectural coordination details,cut sheet/equipment schedules — General administration and technical requirements — Equipment details — Installation details 2. Consult with the Construction Manager regarding construction methods and materials, which may influence the delivery of the project on schedule. 3. Review in progress documents for scheduling and cost estimating control when directed by the Project Team. 4. Revise the Design Development drawings to comply with the target budget, if requested to do so by the Project Team. Construction Documents 1. Prepare comprehensive and final Infrastructure Drawings,Audiovisual System Drawings, Equipment Lists,and Performance Specifications for Quinlan Community Center's selected integrator. 2. Inform the Project Team of any changes in requirements,general market conditions, materials, systems or equipment,as the drawings develop in order to update pervious cost estimates.Attend project meetings and/or Team Coordination meetings(e.g.,working sessions). 3. Provide review of the drawings,schedule of equipment and specification based on approved Design Development documents. Review,in detail,the audio-visual construction requirements for the Project. Review is to be conducted in such a manner so as not to detain from meeting the approved Project Schedule. 4. Review coordination of all work to verify proper clearances of architectural,structural, mechanical,electrical and other systems. 5. Provide new cut sheets for items if modifications are made in the Construction Documents phase. 6. Provide completely detailed Construction Drawings and Documents for all audio-visual facilities including all roughing(conduits for audio-visual control wiring),equipment, schedules, equipment locations, interface with lighting systems and controls. 7. Provide complete written audio-visual specifications,drawings, and general conditions. 8. Coordinate with the mechanical/electrical engineers, lighting consultant and acoustical consultant to assure inclusion of related requirements. Bidding/Negotiation Phase We envision this process as follows: 1. Quinlan Community Center's vendor will be given the construction document package,and they can issue any Requests for Information(RFIs)ahead of preparing a proposal. 2. Because all of DNA's projects are driven by automated and locked down bid form equipment lists,we will furnish the bid form equipment lists to Quinlan Community Center's preferred vendor. 3. DNA will review the submitted proposal and consultwith the Project Team regarding the proposal evaluation strategy. 4. If a secondary proposal is deemed appropriate,DNA will let the Construction Documents to another qualified local vendor. 5. DNA will provide addenda services consisting of assisting in the preparation of addenda as may be required VANCELO AmmD SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 1 415-377-7107 1 www.dangeloconsultants.com during bidding or negotiation and include preparation of supplementary drawings,specifications,instructions and notice(s)of changes in the bidding schedule and procedure as required. 6. DNA will provide services consisting of considerations,analyses,comparisons and recommendations of alternates or substitutions proposed by Quinlan Community Center's vendor either prior to or subsequent to receipt of bids and/or proposals. 7. DNA will also provide proposal evaluation services consisting of the following: - Validation of the received proposal(s). - Evaluation of proposal(s)(including written reports as they may be required)and participation In Scope Review meetings with appropriate entities. - Recommendation on award of contract(s)and/or procedures. - Participation in negotiations prior to or following decisions on award of the contract(s). Construction Phase During the construction phase, DNA will act as a project manager to implement the systems that ultimately are designed for the improved conference rooms and bespoke places in conjunction with Quinlan Community Center's vendor. We will conduct weekly AV project meetings via Zoom,attend OACs via Zoom,take meeting minutes, manage schedules,changes, RFIs from both the GC and Quinlan Community Center's vendor,make site visits,and issue pertinent details out to the field to keep the project on track. This process is outlined more thoroughly as follows: 1. Provide Construction Administrative services consisting of the following: - Assist the Project Team in obtaining, reviewing and coordinating the Shop Drawing submittal schedule. - Process the applicable submittals,including the receipt and timely review of,and appropriate action on, Shop Drawings, Product Data,Samples,Warranties and other submittals required by the contract documents. - Visit the site at intervals appropriate to the stage of construction,or as otherwise agreed to in writing, to become generally familiar with the progress and quality of the Work. - Determine in general if the work is proceeding in accordance with the contract documents. - Prepare related written reports and communications for the Project Team. 2. Provide Quotation Request/Change Order services consisting of the following: - Review the work to be added,deleted or modified. - Review the proposals from Contractor(s)for reasonableness of quantities and cost of labor and materials. - Review and make recommendations relative to changes in time for substantial completion. - Negotiate costs with Contractor(s)on the Client's behalf, relative to work proposed to be added,deleted or modified - Assist in the preparation of appropriate modifications of the contractor(s)for construction. 3. Respond to all pertinent RFI's. 4. Aid in the utilization of any audio-visual equipment or systems such as initial start-up or testing and balancing. Review Contractor's prepared operation and maintenance manuals and review proposed training of personnel for equipment operations and maintenance and consultation during operation.Conclude with a comprehensive punch list,administration of the punch list as well as final acceptance of all equipment. 5. Aid with the coordination and follow-up of audio-visual equipment orders and delivery with the various specified manufacturers. 6. Attend construction meetings as requested(if fees allow). 7. Verify"As-Built"documentation is correct. ANCELO AND ASSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 1 415-377-7107 1 www.dangeloconsultants.com FEE ESTIMATE We plan to provide our services in accordance with the accompanying Terms and Conditions sheet containing our hourly rates and insurance information.The following fees are based on our standard hourly rates,experience with similar projects,and estimated level of effort required to complete each task. ProgrammingDesign Phase............................................................................................................................$1,300 DesignDevelopment......................................................................................................................................$5,300 ContractDocument Phase..............................................................................................................................$6,700 Bidding/Negotiation Phase................................................................................................................................$400 ConstructionPhase.........................................................................................................................................$1,400 Total...................................................................................................................................................$15,100 We reserve the right to accrue unspent fees from prior phases to subsequent phases. The fee amounts noted for each task or phase represent the anticipated portion of overall design and consulting efforts required.We reserve the right to reallocate these fee amounts among all approved tasks and phases listed. The design-phase meetings can be redistributed at your direction at any time during the project,among approved phases. ADDITIONAL SERVICES The following tasks are not included in the above scope of services and fee estimate.Should these services become necessary,we can provide an additional proposal. • Additional meetings outside beyond the number indicated above, if the project fee status does not afford it. • Site tours of similar facilities • Sound masking system design • Acoustical design • Telecommunications design • Environmental noise analysis • Ground-borne and structural vibration • Acoustical measurements • Witnessing performance tests • Acoustical models and prototype testing, including acoustical simulations • LEED documentation associated with acoustics,AV, or telecom. • Any LEED or Green project requirements ASSUMPTIONS AND EXCLUSIONS • We assume that all document distribution(drawings,specs,etc.)will occur through the ownership,architect, or project management team. • This proposal assumes that there will be little or no changes to the project scope or design after the conclusion of the programming phase as denoted above. If the program for any phase is changed,or requires significant re-engineering,our fees might need to be renegotiated. • This proposal assumes that basic telecom services including CAN or SATV have been brought to the project site should they be required.Outside plant work is not included, however can be provided under separate scope. • At no time shall the sum of our AV fees be less than 6%of the total installed project cost.If this ratio is D;\NCELO A "D ASSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 1 415-377-7107 1 www.dangeloconsultants.com exceeded, our fees may need to be renegotiated to assure that we can provide the appropriate level of service given the system size.This clause is included because it is impossible to determine the level of complexity a client may require, or their budget at the start of a project. If this is unacceptable, authorize the Programming phase first and fees for later phases can be set to levels that are commensurate with the newly determined, known system requirements. We look forward to the possibility of working with the Quinlan Community Center on this interesting project. Please do not hesitate to contact us should you require further information. Sincerely, D'ANGELO AND ASSOCIATES,INC. AGREED AND ACCEPTED By: --- Joey G. D'Angelo Date: President Enclosure ;\NCELO A D SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 1 415-377-7107 1 www.dangeloconsultants.com. TERMS AND CONDITIONS Insurance GeneralLiability.......................................................................................................................................$2,000,000 WorkersCompensation...........................................................................................................................$1,000,000 AutomobileLiability.................................................................................................................................$1,000,000 Professional Liability("Errors and Omissions"): Professional liability of D'Angelo Associates, Inc.(DNA), its officers, employees,and sub-consultants is limited to$50,000 or our total fee,whichever is less.The above limitation of professional liability can be increased to the limit of our insurance policy($1,000,000) by increasing our total fee by 10%prior to start of our services. Schedule of Hourly Rates President and Vice President.............................................................................................................................$250 SeniorConsultant..............................................................................................................................................$195 Consultant .........................................................................................................................................................$135 TechnicalAssistant............................................................................................................................................$100 Fee proposals are valid for 60 days.The total fee will be applied as we deem appropriate among the individual tasks.All fee proposals assume that services proceed without unreasonable delays, redesign, or scope changes. Such occurrences may warrant a renegotiation of fees.The schedule of hourly rates is valid for one year from the proposal date.A renegotiation of our hourly rates may be required after this period. Invoices for technical labor, reimbursable expenses,can be billed hourly each month, or invoiced 20%, 50%,30% for each phase of work. Payment for each invoice is due within 30 days. Reimbursable expenses such as travel,subsistence, meals, lodging,and project-related materials are billed in addition at cost. Measurement instrumentation-use charges are at our standard rates. DNA specifications input and details have all rights reserved by D'Angelo and Associates, Inc.These documents are for use only on the project for which D'Angelo and Associates,Inc. is retained.It is the project architect's and engineer's responsibility to coordinate and verify the suitability of all specifications input and details as appropriate for the project. Site visits and observations, if any, conducted by our firm relate only to our services.We are not responsible for the safety of others at the job site. D ANCELO A D SSOCIATES 29 Drackert Lane, Ladera Ranch, CA 92694 1 415-377-7107 1 www.dangeloconsultants.com