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20-024 Carneghi-Nakasako & Associates, Park Dedication Fee Study CITY OF 12 PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation("'City"), and Carneghi-Nakasako &Associates ("Contractor"), a California corporation for Park Dedication Fee Study , and is effective on the last date signed below("Effective Date"). 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 April 20, 2020 ("Contract Time"),unless terminated earlier as provided herein. Contractor's Servicesshall begin on the effective date and shall be completed by April 20,2020 . The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract finds. Extensions requiring additional contract funds are subject to the City's purchasing policy. I 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the } Schedule of Performance, attached and incorporated here ExhibitB. 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 $ 12,500 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Park Dedication Fee Study Page l of ProjessionaliConsidting Contracts Neision:Sept.2019 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 Set-vices,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. 5. INDEPENDENT CONTRACTOR i 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 Set-vices 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, if required by the Cupertino Municipal Code. 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. 55 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Set-vices under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees,agents,and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave,personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to,federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, 1 agents,or subcontractors, is an employee for any purpose,then Contractor agrees to a reduction in j amounts payable under this Agreement, or to promptly remint to City any payments due by the j City as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made. i Park Dedication Fee Study Page 2 of 9 ProfessionallConsulling Contracts/Version:Sept.2019 6. PROPRIETARY/CONFIDENTIAL INFORM_A_TION 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 upon completion of the work to be performed hereunder or upon termination of this Agreement,to the extent requested by City.In any case,no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the 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. 73 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; i (b) Completion of the original Services by others; (c) Subsequent additions to the original Services;and/or (d) Other City projects. 75 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 i 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 i Park Dedication Fee Study i Page 3 of 9 Professionai/Consuking Contracts/Version:Sep[.2019 j to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four(4)years from the date of City's final payment. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY/SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "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 fiullest extent allowed by law,and except for losses caused by the sole and active negligence or willful misconduct of City personnel,Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract,obligations,representations,or warranties;. (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S.patent or copyright, trade secret,trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-parry claim.At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. Park Dedication Fee Study Page 4 of 9 Professional/Consulting Contracts Nersion:Sept.1019 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order,or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 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. i 13. COMPLIANCE WITH LAWS I 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. i 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-Irmntine 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. Park Dedication Fee Study Page 5 of 9 Professional/Consnking Contracis lVersion:Sept.2019 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 Title 2 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 i City Project Manager.The City assigns Winnie Pagan as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to.substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Wayne Prescott as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance.Contractor must regularly update the City's Project Manager about the progress with the work or any delays,as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment,and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing,the time spent in closing out the Services will be compensated up to a maximum of ten percent(10%)of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of Park Dedication Fee Study Page 6 of Professional/Consu(ling Contracts/Version:Sept.2019 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 fiill 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 any term, clause,or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto,the terms of the main Agreement shall prevail and be controlling. 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. i 23. HEADINGS The headings in this Agreement are for convenience only,are not a part of the Agreement and in j no way affect, limit, or amplify the terms or provisions of this Agreement. 1 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in Park Dedication Fee Study Page 7 of 9 ProfessionallConsulting Contracts/Version:Sept.2019 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 Rill 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: I To City of Cupertino: To Contractor: 10300 Torre Ave.,Cupertino CA 95014 Carneghi-Nakasako&Associates 1602 The Alameda,Suite 1.03,San Jose CA 95126 Attention:Winnie Pagan Attention:Wayne Prescott Email:wuiniep@cupertino.org Email:wayne@cnaappraisal.com 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if(a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and(c) is approved for form by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement,which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Park Dedication Fee Study Page 8 of 9 ProfessionallConsulting Contracts/Version:Sept.2019 IN WITNESS WHEREOF,the parties:have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporat' • Carneghi-Nakasako&Associates a California Corporatim By - By Name Chad Mosley Name Bradley Cunedii Title AssistantDirector of Public Works Title Princiool Date ` 12 26 Date 2/26/2020 Tax 1.D.No.:81-t829259 i I APPROVED AS TO FORM:: HEATHER M.MINNER Cupertino City Attorney • I ATTEST: l KIkSTEN SQUARCI City.Clerk / DATE: i Park Dedication Fee Study Page 9 of 9 Pro/esslonallConsalling Conrracls lVersipw Sept.2019 I EXHIBIT A 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 between the City of Cupertino ("City")and Carneghi-Nakasako & Associates("Contractor')for the provision of Park Dedication Fee Study(Hereafter referred to as "Services"). Contractor shall perform the Services as detailed in the following sections. SECTION 1. GENERAL A. Scope of Work:The work to be performed under this Agreement includes the preparation of a report that summarizes the residential land selling prices for the City of Cupertino. The Contractor will provide each and every service as indicated in the scope of services set forth in Exhibit A-1. B. General Performance Requirements: 1. The performance of all services'by Contractor shall be to the satisfaction of the City,in accordance with the express terns 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 Agreement. Contractor shall receive final direction from the City's City Engineer or his/her authorized designee(hereinafter collectively "City") only. The City shall resolve any conflicting direction from other groups,departments or agencies. 3. Contractor shall coordinate this scope of services with the City as well as with other City Contractors, as needed or as directed by the City. Contractor shall coordinate all responses to comments through the City. 4. Contractor shall designate and provide to the City the names of their team members for the Services. The team members shall be satisfactory to the City. Contractor shall not substitute any team members without the prior approval of the City. .5. Contractor's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for j the performance included in EXHIBIT B,may be adjusted by mutual agreement. 6. When the City determines that the Services requirements have been sufficiently identified, Contractor shall prepare and update the Service schedule for the City at the beginning of each TASK as defined in SECTION 2- "TASK"of this EXHIBIT A. The Services schedule shall identify milestone dates for decisions required of the City, design services furnished by Contractor and Contractor's Carneghi-Nakasako&Associates Exhibit A,B&C Park Dedication Fee Study l of 5 Subcontractors, deliverables to be furnished by Contractor,completion of documentation provided by Contractor,and as identified in the exhibits under this Agreement. 7. Contractor shall submit the report and any necessary documents to the City, according to SECTION 2—"TASKS", of finis EXHIBIT A for purposes of evaluation and approval by the City. The City will review the report during each phase. Contractor will meet with the City for progress review at various stages of the Services. Contractor will be responsible for causing the appropriate Subcontractor(s)to attend any meetings included in this SCOPE OF SERVICES. Contractor shall make revisions to the documents as required for each task in a timely manner. SECTION 2. TASKS i Contractor may provide any or all of the following tasks and subtasks,as is required for the Services: i Task 1.0 i Contractor shall prepare an initial draft report of the study and Contractor's findings. The initial draft report should be as complete as possible,with all pertinent data, spreadsheets and exhibits. The initial draft report will be prepared for the City's review and comment. The City will review the report in a timely manner and provide a list of comments and questions to the Contractor. Task 2.0 Contractor shall prepare the final report,which incorporates and clarifies the City's comments and questions. The final report will be the completed document,with all completed data, spreadsheets and exhibits as indicated in the scope of services set forth in Exhibit A-1. The City will review the final report for completeness. In the event the City has further comments or questions on the final report,the Contractor will work with the City to address these outstanding issues in order to finalize the document. j ADDITIONAL SERVICES Contractor Services beyond the work in these tasks may be provided by Contractor as Additional Services only if such Additional Services are authorized in writing by the City in advance. An Additional Services amount of THREE THOUSAND DOLLARS ($2,500.00) is made a part of this agreement. Additional services may be paid for as a negotiated maximum not to exceed amount or by a time and materials cost accouriting with a maximum not to exceed. Carueghi-Nakasako&Associates Exhibit A.B&C Park Dedication Fee Study 2 of 5 EXHIBIT A-1 CARN E I®NAKASAKO I Carneghi-Nakasako & Associates + ASSOCIATES I Commercial Real Estate Appraisal January 23, 2020 I Wini-de Pagan, Senior Civil Engineer City of Cupertino I I'ublic Worl:s Department 10300 Torre Ave I Cupertino, CA 95014 Office: 408.777.7604 1 Fax: 408.777.3333 WinnieP@cupertino.org RE: Residential In-Lieu Fee Report Dear Ms. Pagan: This letter is a proposal for Carneghi-Nakasako & Associates to provide you with valuation consulting services. The fair market value of residential land in Cupertino will be the subject of this consultation. You need to know what the unit value ($/SF) cost is for the typical residential lot, or residential subdivision/multi-family site, in various neighborhoods in Cupertino. I understand that my work product will be used by you and the City as one tool to establish in lieu fees for residential land in Cupertino. am pleased to advise that we could deliver a summary of residential land selling price data for Cupertino land that will report the prices paid on a spreadsheet that will delineate: • price paid • street address • lot size (acres) • lot size (square feet) • price paid per unit (SF or acres as appropriate) • market conditions or"time" adjustment factor • adjustment to the appropriate entitlement status and level of improvement • whether improvements were demolished and/or reconstructed • adjustment for demolition costs if warranted • indicated value for the land sale 1602 The Alameda, Suite 103 1 San Dose, CA 95126 1 T 408-535-09001 F 408-535-0909 We will discover the sales data using these resources: • MLSListings.com • Realquest Summary of the Public Record • CoStar.com Commercial Sales Database • Loopnet.com database of property for sale j • Trulia.com • Zillow.com • City of Cupertino property records Most of the data for the higher-density categories will come from Costar and Loopnet, which are commercial subscription services that we utilize when we need data on the sale of development sites. Please send any City Property Records that you believe will be useful. L The data base within each resource will be searched using these parameters: i • Located in Cupertino • Date of Sale—January 1, 2017 through December 31, 2019 • Land or Lots • Key Words- Bare Land, Finished Lot, Teardown, Fixer-Upper The data will extend the spreadsheets utilized in the previous report, expanded to include sales data points created by sales that occurred during 2019. As in the 2019 report, .I will place greater emphasis on the more recent data, and the old data will be adjusted to account for changing market conditions. For consistency, we should adjust each sale to a similar level of entitlement and/or physical status. "Finished lot" status will be the appropriate level for the lower densities. For the higher density product, the tentative map stage will be appropriate, since that is the point of entitlement that typically sets the price for such transactions. The data will be displayed on a spreadsheet, arranged within the residential Land Use categories based on density, discussed in Envision Cupertino 2015-2040: • HD 35 Units per acre • MHD 20-35 Units per acre • MD 10-20 Units per acre • LM 5-10 Units per acre • Low 1-6 Units per acre • VLD Slope-Density formula • VLD 1-2 Acres/Lot; 0.5-1.0 Units per acre • VLD 5-10 Acres/Lot; 0.05-0.10 Units per acre CARNEGHI-NAKASAKO+ASSOCIATES www.cnaapprcaisal.com A further breakdown by Neighborhood identified in Envision Cupertino can also be applied: Oak Valley, Inspiration Heights, Rancho Rinconada, etc. School district will also be identified. For those land use categories with limited sales data at either end of the density range (both the higher density classes and low density/formula classes), I propose that we expand the search to neighboring cities if necessary to provide enough data points to be meaningful. The theory that applies here is that a developer with the financial capability to develop a high-density unit project will not restrict his search for suitable sites to one municipality; and that a home purchaser seeking the kind of semi-rural view lot in the slope/density class may not restrict his search to Cupertino, with due consideration for the quality of the school district. The narrative report will describe the various sections and discussion points in the Envision statement and Park Dedication Fee statute that will enable the reader to understand why the j data was prepared and presented in this way. Although this will not be an "Appraisal Report" since we are not appraising a property, it will be prepared and written to conform with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. I believe our study presented in this manner will enable you to customize the way you apply the data. I propose to prepare this report at a price capped at a minimum of $5,000 and a maximum of $10,000, at an hourly rate of $275, to be delivered about 8 weeks after engagement. That will result in delivery in late April/early May. The exact cost will be largely a function of how much data we discover. The more data available to evaluate, the more precise the results will be. Very Truly Yours, p Wayne F. Prescott, MAI, CCIM State Certified Real Estate Appraiser, Certificate No. AGO01533 CARNEGHI-NAKASAKO+ASSOCIATES www.cnaappraisal.com EXHIBIT B SCHEDULE OF PERFORMANCE Contractor shall complete all work by April 20,2020. This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Basic Services as specified in Exhibit A, Scope of Services. TASK# TASK DESCRIPTION DURATION Task#1: Draft Report 2 weeks after Notice to Proceed(NTP) for this Task Task#2 Final Report March 27,2020 I � I Cameghi-Nakasako&Associates Exhibit A,B&C Park Dedication Fee Study 3 of 5 EXHIBIT C COMPENSATION Capitalized terms zvhich are defined in the Agreement have the same meaning in this Exhibit C. This Exhibit C on Compensation supplements the provisions of Section 4 of the Agreement on Compensation, as further specified in Section 4. i 1. BASIC SERVICES BUDGET SCHEDULE The following budget schedule will be used to determine monthly compensation for Basic Services based on the degree of completion,subject to confirmation and agreement by the City, and budget for each listed Task: TASK# TASKDESCRIPTION TASK BUDGET 1 Draft Report $7,000 2 Final $3,000 Additional Services 2,500 Total Services: $ 12,500 Contractor may not bill in excess of the Task Budget amount for any Task without prior written authorization from the City.The City has the discretion,but not the obligation, to reallocate the budgeted amounts for each Task,subject to the not to exceed limit specified in Section 4. 2. HOURLY COMPENSATION FOR ADDITIONAL SERVICES A. Hourly Rate Schedule. The City will compensate the Contractor for satisfactory performance of duly authorized Additional Services which are subject to 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 Tenn of the Agreement unless changed by written amendment to the Agreement. Carneahi-Nakasako&Associates Exhibit A,B&C Park Dedication Fee Study 4 of 5 Consultant Hourly Rates: Project Manager $ 275.00 C. Reimbursable Expenses. The following are allowed Reimbursable Expenses for authorized Additional Services compensated on an hourly basis(time and expenses), subject to the compensation li nits in Section 4 of the Agreement: • Necessary subcontractor sei vices • Individual or multiple document reproductions that exceed 50 pages • Special software required by City specifically for the Project,excluding standard software progr�uns such as Microsoft Office suite applications(i.e.Word, Excel, PowerPoint,Project,etc.),Adobe Acrobat, or standard photo editing programs END OF EXHIBITS I i Cameghi-Nakasako&Associates Exhibit A,B&C Park Dedication Fee Study 5 of 5 EXHIBIT D Insurance Requirements Design Professionals & Consultants Conti-acts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability(CGL)for bodily injury,property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04)or it shall be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be(i)the minimum coverage/limits specified in this agreement;or(ii)the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance,provided each policy complies with the requirements set forth in this Contract.Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect City as a narnedinsured. 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 hlsurance of no less than$1,000,000 per occurrence for bodily injury ordisease. ,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. h Insurance must be maintained for at least five(5)years after completion of tile 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. Exh.D-Insurance Regnir-ements for•Design Professionals& Consultant Contracts Form Updated Sept. 2019 1 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Staters The City of Cupertino, its City Council, officers,officials, employees, agents, servants and volunteers ("Additional Insureds")are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance(at least as broad as ISO Form CG 20 10 (11/85)or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials,employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire,except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City.At City's option,either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses.The policy shall provide,or be endorsed to provide,that the self-insured retention may be satisfied by either the insured or the City. cceptability of Insurers �/ InAsurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements(or copies of the policies effecting the coverage required by this Contract),and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higherinsurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above,City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk,prior experience, insurer or other special circumstances, with not less than ninety(90) days prior written notice. Exh.D-Insurance Requirements for Design Professionals&Consultant Contracts Form Updated Sept. 2019 2 ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD YYYY) Fo212/2020/ 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 CONTACTNAME: Kristie Turner Kristie Turner PHONE Ext:925-292-8024 ac No;9252928071 E-M1576 2nd Street Suite F ADDRESS, Kristie kt4insurance.com Livermore, CA 94550 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Mercury Insurance INSURED INSURER B Carneghi - Nakasako and Associates INSURERC: 1602 The Alameda suite 103 INSURERD: San Jose, Calif 95126 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 I POLICY EXP LTR I D WVD I POLICY NUMBER MM/DD MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 A x x CCP0052870 0420/2019 04/20/2020 DA AGE TO RENTE CLAIMS-MADE 1XI OCCUR PREM SES(Ea occur ante) $1 00,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY❑ PRO LOC PRODUCTS-COMP/OPAGG $4,000,000 JECT 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 PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE '', AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY �./N 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 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) City of Cupertino is certificate holder and additional insured -Aditional insured names, its City Council, officers, employeed, agents, servants and volunteers as additional insured's 30 day Cancellation notice applies Insurance is primary and non concontributory CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of tino/Public Works Department THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN y CU er p par ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave, Cupertino, CA 95014 Attn: Winnie Pagen AUTHORIZED REPRES6♦^QTATIVE �.—� KLT ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by KLT on February 12,2020 at 01:59PM i S2019-03-25-09.55.33.000000 P2019-03-23-11,02.30.290000 R2019-03-23-13.0I.40.000000 i Mercury Casualty Company Producer's Copy California Businessowners Policy Effective Date 04/20/2019 Page 1 Amended Declaration Add Form(s) *x REMINDER---THIS POLICY IS DIRECT BILL x** This declaration supersedes any previous declaration bearing the same number for this policy period. Named Insured: CARNEGHI-NAKASAKO &ASSOCIATES Mailing Address Producer CARNEGHI-NAKASAKO &ASSOCIATES 1602 THE ALAMEDA KRISTIE TURNER INS AGENCY STE 103 1576 2ND ST STE F SAN JOSE CA 95126-2308 LIVERMORE CA 94550 Client Number:597118 Policy Number Policy Period Company Name From To p Y Producer No. Producer Phone 0052870 04/20/2019 - 04/20/2020 Mercury Casualty Company 5046 925-292-8024 At 12:01AM Standard Time At Your Mailing Address Shown Above. Business Description:p Appraiser-Real Estate office Form of Business: CORPORATION TOTAL PROPERTY PREMIUM $466 TOTAL LIABILITY PREMIUM $325 OTHER PREMIUM $250 TOTAL PREMIUM $1,041 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Insurance is provided with respect to those premises described herein and with respect to those coverages and kinds of property�or which a specific limit of liability is shown,subject to all the terms of this policy including forms and endorsements made a part Hereof: LOCATION OF PREMISES PREM BLDG LOCATION OCCUPANCY 1 1 1602 The Alameda-Ste 103-San Jose CA 95126-2308 Appraisers-Real Estate SECTION I PROPERTY COVERAGE PREM BLDG COVERAGE LIMIT OF DEDUCT- IF INSURANCE VALUATION IBLE PREMIUM 1 1 Business Personal Property $28,000 Replacement Cost $1,000 $241 Mercury Casualty Company Producer's Cop), CaliforniaBusinessowners Policy Effecti;�er:7C 04/20/2019- Page 2 Policy NumP0052870 Insureds Name: CAR GHI-NAKASAKO&ASSOCIATES Automatic Increase-Business Personal Property 4% Business Income is provided under BP 00 03 for Actual Loss Sustained. ADDITIONAL COVERAGE(S) LIMIT OF PREM BLDG COVERAGE INSURANCE DEDUCTIBLE PREMIUM i I 1 Additional Insured $225 TOTAL PROPERTY PREMIUM $466 SECTION II LIABILITY COVERAGE PREM BLDG COVERAGE LIMIT PREMIUM i Bodily Injury& Property Damage Liability Combined Single Limits $2,000,000 Per Occurrencel$4,000,000 Aggregate67 Personal&Advertising Injury $2,000,000 Per Occurrence/$4,000,000 Aggregate Products&Completed Operations $2,000,000 Per Occurrence/$4,000,000 Aggregate Medical Expenses $5,000 Each Person/$10,000 Each Accident Mercury Plus Liability Endorsement $125 Additional Coverages: Hired Auto Liability $2,000,000 Non-Owned Auto Liability $1,00 $2,000,000 $100 TOTAL LIABILITY PREMIUM $325 Schedule of Forms and Endorsements It is hereby understood and agreed, in consideration of the premium charged, that the following endorsements are attached to and form part of the aforementioned Policy. BP0567 0106 Exclusion of Terrorism BP0524 0115 Exclusion of Certified Acts of Terrorism BP0542 Ol 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism BP0003 0713 Businessowners Coverage Form BP0417 0110 Employment-Related Practices Exclusion BP0439 0702 Abuse or Molestation Exclusion BP0453 0713 Water Back-Up and Sump Overflow BP0493 0106 Total Pollution Exclusion with Hostile Fire Exception BP0501 0702 Calculation of Premium BP0517 0106 Exc-Silica or Silica-Related Dust BP05770106 Fungi or Bacteria Exclusion MCY BP0646 0713 California-Ordinance or Law Coverage BP0686 0517 California-Hired Auto and Non-Owned Auto Liability BPI 504 0514 Exclusion Access or Disclosure of Confidential Info Limited BI BPINOI 0713 Businessowners Coverage Form Index ILN 018 0903 California Fraud Statement MC BOP 32 0817 Businessowners Amendatory Endorsement MC BOP 33 0817 Businessowners Amendatory Plus Endorsement i Producer's Copy Mercury Casualty Company California Businessowners Policy Effective Date:04/20/2019 Page 4 Policy Number: CCP0052870 Insureds Name: CARNEGHI-NAKASAKO&ASSOCIATES 1 1 BPO448 THE CITY OF SANTA CLARA C/O INSURANCE DATA SERVICES-INSURANC COMPLIANCE PO BOX 100085-S2 DULUTH GA 30096 1 1 BP0448 CITY OF CUPERTINO /PUBLIC WORKS DEPARTMENT,ITS CITY COUNCIL, OFFICERS,EMPLOYEES,AGENTS,SERVANTS AND VOLUNTEERS ATTN: WINNIE PAGEN 30 Day Cancellation Notice 10300 TORRE AVE CUPERTINO CA 95014 I. 1 1 BP0448 CITY OF MOUNTAIN VIEW 500 CASTRO ST i MT.VIEW CA 94039 1 1 BP0448 COUNTY OF SANTA CLARA 101 SKYPORT DR SAN JOSE CA 95110 POLICY NUMBER: CCP0052870 BUSINESSOWNERSi BP 04 48 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE 7NameOfitional Insured Persons Or Or anization s : City of Cupertino—its City Council, officers, employees agents,servants and Volunteers required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Liability is amended as follows: B. With respect to the insurance afforded to these A. The following is added to Paragraph C.Who Is An , additional insureds, the following is added to,, Insured: Paragraph D. Liability And Medical Expenses 3. Any person(s) or organization(s) shown in the Limits Of Insurance: Schedule is also an additional insured, but only If coverage provided to the additional insured is with respect to liability for "bodily injury", required by a contract or agreement, the most we "property damage"or"personal and advertising will pay on behalf of the additional insured is the injury"caused, in whole or in part, by your acts amount of insurance: or omissions or the acts or omissions of those 1. Required by the contract or agreement; or acting on your behalf in the performance of your ongoing operations or in connection with 2• Available under the applicable Limits Of your premises owned by or rented to you. Insurance shown in the Declarations; However: whichever is less. a. The insurance afforded to such additional This endorsement shall not increase the insured only applies to the extent permitted applicable Limits Of Insurance shown in the by law; and Declarations. b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 04 48 07 13 ©Insurance Services Office, Inc., 2012 Pagel of 1 MCBOP Liability Plus 0512 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MERCURY PLUS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. The following list is a gen- eral coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of the endorsement to determine rights, duties and what is and is not covered. A. Increased Supplementary Payments E. Incidental Medical Malpractice • Cost for bail bonds increased to F. Extension of Coverage—Bodily Injury $1,000 • Loss of earnings increased to $500 G. Injury to Co-Employees per day H. Aircraft Chartered with Crew B. Damage to Premises Rented To You Exten- 1. Knowledge and Notice of Occurrence or Of- sion fense • Perils of fire, explosion, lightning, J. Reasonable Force— Bodily Injury or Property smoke, water Damage • Limit increased to$300,000 K. Unintentional Omission C. Blanket Waiver of Subrogation D. Blanket Additional Insured— By Contract With Primary and Noncontributory Clause PROVISIONS A. Increased Supplementary Payments Part A.1.f. Coverage Extension—Supplementary Payment(Section II—Liability) is amended as follows: 1. In Part A.1.f.(1).(b). the amount we will pay for the cost of bail bonds is increased to$1,000. 2. In Part A.1.f.(1).(d). the amount we will pay for loss of earnings is increased to$500 per day. B. Damage To Premises Rented To You Extension 1. The last paragraph of Part B.1. Exclusions Applicable To Business Liability Coverage (Section II - Liability)is deleted and replaced by the following: Exclusions c., d., e., f., g., h., i., k., I., m., n., and o. in Section II —Liability do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning, or e. Water. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as de- scribed in Paragraph D. Liability And Medical Expenses Limits Of Insurance(Section II—Liability). MCBOP Liability Plus 0512 Page 1 of 6 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part D.3. Liability And Medical Expenses Limits of Insurance (Section II -Liability) is deleted and re- placed by the follow: The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Cov- erage for damages because of"property damage" to a premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of. a. $300,000;or b. The amount shown on the Declarations or other amendatory endorsements for Damage To Pre- mises Rented To You Limit. 4. Under Part F.9.a. of Liability And Medical Expenses Definitions (Section II— Liability), the definition of "Insured contract"is amended to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage caused by: i. Fire; ii. Explosion; iii. Lightning; iv. Smoke resulting from such fire, explosion, or lightning; or v. Water; to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract" 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You under Part A.1. Business Liability (Section II — Liability) is excluded by endorsement or no amount is shown on the Declarations or other amendatory endorsements for Damage To Premises Rented To You Limit. C. BlIanket Waiver Of Subrogation 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 premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organi- zation; "your work, or "your products". We waive this right where you have agreed to do so as part of a, written contract, executed by you prior to loss. D. Blanket Additional Insured—By Contract with Primary and Non-Contributory Clause The following is added to part C.2.Who Is An Insured (Section II—Liability): e. Any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit, that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Form but only with respect to the liability of that person or organization arising out of"bodily injury"or"property dam-' age"occurring: (1) During ongoing operations performed by you or on your behalf,or (2) On premises or facilities owned by used by you; and MCBOP Liability Plus 0512 Page 2 of 5 I I Only to the extent to which insurance applies under this Coverage Form. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises, facilities or ongoing operations ends. This provision D. does not apply: (1) Unless the written contract or agreement has been executed, or permit has been issued, prior to the"bodily injury"or"property damage'; (2) To the rendering of or failure to render any professional services; or (3) To any person or organization included as an insured by separate endorsement issued by us and made a part of this policy. (4) To "personal and advertising injury"for which the insured has assumed liability in a contralct, agreement or permit. If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and�e will not seek contribution from that other insurance. The primary and non-contributory clause does not apply to other insurance to which the additional insured has been added as an additional in- sured. E. . Incidental Medical Malpractice 1. The definition of"bodily injury"in F.3. Liability And Medical Expenses Definitions (Section II —Liability) is amended to include"Incidental Medical Malpractice Injury". 2. The following definition is added to F. Liability And Medical Expenses Definitions (Section II —Liabili- ty): 23. "Incidental medical malpractice injury" means bodily injury, mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruc- tion, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid; d. "Good Samaritan services".As used in this Provision E., "good Samaritan services"are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Part C.2.a.(1).(d). of Who Is An Insured (Section II—Liability)does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 2. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to B.1.Exclusions Applicable to Business Liability(Section If—Liabill ity): t. Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purpose of determining the applicable limits of insurance, any act or omission, together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person,will be considered one"occurrence". 6. This Provision E. does not apply if you are in the business or occupation of providing any of the ser vices described in paragraph 2. above. 7. The insurance provided by this Provision E. shall be excess over any other valid and collectible insur- ance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. F. Extension of Coverage—Bodily Injury MCBOP Liability Plus 0512 Page 3 of 5 CSAA Insurance Exchange Automobile Policy Declarations PO Box 22221 Oakland,CA 94623 2221 Please keep with your policy.See Important Notice on reverse. Insurance For questions or changes call:(800)922-8228 Page 1 of 1 sI 1.Name and Address of Insured Declaration' Process - illtlll�linllll�ll a�llllllll�llil�lnlrll�ll��nrlll�l'II'III�II p Decl ons Type Renewal Certificate Date 02 09-2019 1= Q PolicyInsured a' WAYNE PRESCOTT Number CAA5100493153 since 1984 1108 ROBWAY AVE CAMPBELL,CA 95008-0758 0 From 12:01 A.M.Standard Time at the address of the u. Named Insured,but not prior to the time applied z replacement declarations,not for or,H this is a re Your 03 16 2019 p Vpolicy prior to the time coverage change was requested. I 5 Period To f 0 12:07 A.M.Standard Time at the address of the a 03-16-2020 Named Insured. Alternate Address Occupation Alternate Number Telephone Number Real Estate (408)891-1956 item Make Model Yr Body Type Vehicle Identification No. Name to 1 TOYOTA 2004 CLUB CAB PICKUP 5TESM92NX4Z361476 sn do not WAYNE I w W necessarily MARYANN v 2 ACURA 2006 WAGON 4 DOOR 2HNYD18976H540444 correspond w 3 MAZDA 1990 CONVERTIBLE JMlNA3519LO147623 m to principally p operated � vehicles. Liability Limits Item 1........................Item 2_-- .Item3 Coverage .................................................. ..................... ...................---........................... Each Person Each Occurrence Deductible Premium Deductible i Premium Deductible Premium Deductible Premium Bodily Injury 1,000,000 1,000,000 j $304 $231 i $160 ..................... ..-•-----..................... .................................................. Medical Payments 10,000 $20 $33 ! $31 ...................................................... ........................_........................ i Uninsured Motorists 100,000 300,000 $39 $40 $28 ............................ ....................-- .. .------... ........................... I i Property Damage 300,000 $436 ; $347 $201 ................................................... - I 1 omprehensive Actual Cash Value Less Deductible 50 $50 50 1 $65 50 $43 Full Comprehensive Safety Glass Endorsement ! i ($0 deductible) INCL i INCL i INCL ...................................................... Collision Actual Cash Value Less Deductible No Cov4rage No Coverage No Coverage ....................................................................................... Enhanced Transportation Expense No Cov4trage No Coverage No Coverage $0 per day/$0 aggregate 1 All Risks Actual Cash Value Less Deductible No CoArage No Coverage No Coverage Vehicle Loan/Lease Protection Endorsement No Covirage No Coverage No Coverage New Car Added Protection Endorsement No Cov4irage No Coverage No Coverage Original Equipment Manufacturer Parts(OEM)Endorsement No Cov4rage No Coverage No Coverage Ride-sharing Coverage Endorsement No Cov4rage No Coverage No Coverage TOTAL PREMIUM PER VEHICLE➢ $849 $716 $463 Premium *Automobile Death Benefits $15,000 per deceased insured person $6 Premium Summary R This is not a bill. CA Surcharge:$0 CA Special Fraud Assessment Fee:$5.28 Total Premium: $2,039.28 Total Premium shown is for the MemberAdvantageTM Program. EXCLUSIONS There is no coverage provided by this Policy while the following individual(s)operate a motor vehicle: None i Schedule of Changes I to W W a x i 55 1500 12 15 022292019 (Continued on back) 0210 Item Rated Driver Ddv Safely Record Yrs Driv Fxp Prior Ann Miles Future Ann Mites Veh Garage Zip Vehicle Usage Gender Marital 1 WAYNE PRESCOTT 1 Pt 54 5,000 Mi 5,000 Mi 95008 Pleasure M M 2 MARY ANN 0 Pt 52 12,000 Mi 12,000 Mi 95008 Pleasure F M See final page Q for explanation N 3 Undesignated 3,342 Mi 3,342 Mi 95008 Pleasure of codes. W N z Discounts: :5 Mature Driver:None. Multi Car:Item(s)1,2,3. O Cu Good Driver:Item(s)1,2,3. New Driver:None. p Multi Policy home:Item(s)1,2,3. Good Student: None. You may qualify for other products W and discounts. For more info call W r your Insurance Agent Q a Ln House Agent Los Gatos 0 J IMPORTANT NOTICE:THIS IS A PART OF YOUR DECLARATIONS The insurance afforded is only with respect to such of the preceding coverages as are indicated by specific premium charge or charges. The limit of the Exchange's liability under each such coverage shall be as stated herein, subject to all the terms of the policy.The purpose for which the automobile is to be used is pleasure or business,subject to the exclusions in the policy, including the exclusion for wholesale and retail delivery. RENEWAL CERTIFICATE-Extends this policy for the period shown under Policy Period upon payment of the premium. AMENDED DECLARATIONS-In consideration of the premium adjustment indicated herein this policy is hereby amended only with respect to such changes as are indicated in the schedule of changes.The limit of the Exchange's liability under such amended coverage shall be as stated herein. LOSS PAYEE(S)-Any loss under Physical Damage coverages is payable as interest may appear to the named insured and the Loss Payee in accordance with the loss payable agreement. RATING INFORMATION DISCLOSURE EXPLANATION (From Discounts/Messages Section on Previous Page) ITEM (ITEM NUMBER): Item number is the number assigned to the vehicle shown on the Declarations. RATED DRIVER: The driver assigned to a vehicle whose attributes(e.g., years driving experience,driving safety record, gender, and marital status)are used to develop the premium. DRIV SAFETY RECORD(DRIVING SAFETY RECORD):The total number of points assessed the driver for"principally at fault chargeable accidents" with or without injury and/or vehicle code violation convictions(tickets). A"principally at fault chargeable accident" occurs when the driver of a vehicle is at least 51%at fault for an accident and the total monetary damages(whether paid or not)in the accident exceed: • $750 or the accident resulted in death for losses occurring prior to 12/11/11 • $1,000 or the accident resulted in death for losses occurring 12/11/2011 or after Additional information on the number and types of incidents can be provided on request. Carriers use different point count systems for rating purposes.The number of points shown on your declarations would not necessarily match the number of points assigned by another carrier. YRS DRIV EXP(YEARS DRIVING EXPERIENCE): The number of years a driver has been licensed to drive a motor vehicle anywhere in the world. However,a driver must have at least 18 months current driving experience in the United States, U.S.Territories, or Canada, before foreign country driving experience can be counted. PRIOR ANN MILES(PRIOR ANNUAL MILES DRIVEN):The estimated number of total miles a vehicle was driven during the year just past. FUTURE ANN MILES(FUTURE ANNUAL MILES DRIVEN):The estimated number of total miles a vehicle will be driven in the coming year. VEH GARAGE ZIP(VEHICLE GARAGED ZIP CODE):The ZIP code of the location where the vehicle is garaged, VEHICLE USAGE:Vehicles are assigned to one of five usage designations: Business Use,Work Commute, Farm Use, Farm Business Use or Pleasure. GENDER: "M" stands for Male and "F" stands for Female. MARITAL(MARITAL STATUS): "M" stands for Married,and "S" stands for Single. DISCOUNTS:A reduced rate applies for each Discount listed. 55 1500 12 15 02.09-2019 02229 0210 A�® CERTIFICATE OF LIABILITY INSURANCE 01/05/2020 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 NAME.CT Sunny Chopra Sunny Chopra, E MA L Ex 510 797-2797 A/C No.510 797-2799 38750 Paseo Padre Pkwy, Ste B-4, ADDREss: sunny.chopra@american-national.com Fremont, CA 94536 INSURERS AFFORDING COVERAGE NAIC# INSURER A: SCIF INSURED INSURER B Carneghi-Nakasako &Associates, INSURERC: 1602 The Alameda, Suite 103, INSURER D San Jose, CA 95126 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. INTR TYPE OF INSURANCE ADDL SUBR POLICPOLICY NUMBER MMIDDY EFF/YYYY MM/DDY EXP IYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED PREMISESS Ea occurrence) $ CLAIMS-MADE F—IOCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PE LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident HE' OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ TENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN N 9159426 05/21/2019 05/21/2020 RY LIMITS E ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? IY I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Cupertino, Its City Council, Officers, Officials, Employees,Agents, Servants and Volunteers are Additional Insureds per the provisions of this policy CERTIFICATE HOLDER CANCELLATION City of Cupertino, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torres Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino, CA 95014 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 9159426-19 STATE RENEWAL INSURANCrm NA FUND PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE FEBRUARY 18, 2020 AT 12 . 01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING MAY 21, 2020 AT 12 . 01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CARNEGHI-NAKASAKO & ASSOCIATES 1602 THE ALAMEDA STE 103 SAN JOSE, CA 95126 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CUPERTINO WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, CARNEGHI-NAKASAKO & ASSOCIATES IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 20, 2020 2570 AUTHORIZED REPRESENT/IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.4.2018) OLD DP 217 ENDORSEMENT AGREEMENT ADDITIONAL INSURED EMPLOYER 9159426-19 RENEWAL iNSURANCE NA FUND PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE FEBRUARY 18, 2020 AT 12 . 01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CARNEGHI-NAKASAKO & ASSOCIATES 1602 THE ALAMEDA STE 103 SAN JOSE, CA 95126 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT CITY OF CUPERTINO IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF CARNEGHI-NAKASAKO & ASSOCIATES (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 20, 2020 0015 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 IREV.4.20181 OLD DP 217 LIA Administrators & Insurance Services APPRAISAL AND VALUATION A S.P E N PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN AMERICAN INSURANCE COMPANY (A stock insurance company herein called the "Company") 175 Capitol Blvd. Suite 100 Rocky Hill, CT 06067 Date Issued Policy Number Previous Policy Number 02/14/2019 AAI006003-04 AAI006003-03 71 THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- ED TO THE COMPANY IN WRITING NO LATER THAN SIXTY(60)DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY, OR DURING THE EXTENDED REPORTING PERIOD,IF APPLICABLE,FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY. Item 1. Customer ID: 168583 Named Insured: CARNEGHI-NAKASAKO AND ASSOCIATES Rick Nakasako 1602 The Alameda, Suite 103 San Jose, CA 95126 2. Policy Period: From: 04/11/2019 To: 04/11/2020 12:01 A.M. Standard Time at the address stated in 1 above. 3. Deductible: $2,500 Each Claim 4. Retroactive Date: 04/11/2016 5. Inception Date: 04/11/2016 6. Limits of Liability: A. $1,000,000 Each Claim B. $2,000,000 Aggregate 7. Mail all notices, including notice of Claim,to: LIA Administrators &Insurance Services 1600 Anacapa Street Santa Barbara, California 93101 (800) 334-0652; Fax: (805) 962-0652 8. Annual Premium: $6,098.00 9. Forms attached at issue: LIA002 (12/14) LIA CA(11/14) LIA012 (12/14) LIA013 (10/14) LIA018 (10114) LIA025A(11/14) LIA122 (10/14) LIA122 (10/14) #2 LIA122 (10/14) #2 LIA122(10114) #3 LIA122 (10/14) #4 This Declarations Page,together with the completed and signed Policy Application including all attachments and exhibits thereto,and the Policy shall constitute the contract between the Named Insured and th o any. 02/14/2019 By Date Authorized SigAature LIA-001 (12/14) Aspen American Insurance Company Appraisal and Valuation Professional Liability Insurance Policy A S.P E N Named Insured: CARNEGHI-NAKASAKO AND ASSOCIATES Policy Numb 006003-04 AI Rick Nakasako Effective D te: 04/11/2019 Customer ID: 168583 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED APPRAISERS ENDORSEMENT In consideration of the premium charged, it is agreed that Section IV. DEFINITIONS(I) "Insured" is amended to include: "Insured" means: The persons identified below,but only while acting on behalf of the Named Insured: Coverage Principal/Owner, Name Effective Date Appraiser or Trainee Rick Nakasako 04/11/2019 Principal/Owner Bradley Carneghi 04/11/2019 Principal/Owner Wayne Prescott 04/11/2019 Appraiser Matt Watson 04/11/2019 Appraiser Eric Liu 04/11/2019 Appraiser All other terms,conditions, and exclusions of this Policy remain unchanged. Aspen American Insurance Company Page 1 of 1 LIAO12(12/14) Appraisal and Valuation Professional Liability Insurance Policy A S P E N Named Insured: CARNEGHI-NAKASAKO AND ASSOCIATES Policy Num. er: AAI006003-04 Rick Nakasako Effective Date:04/11/2019 Customer ID: 168583 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL APPRAISAL ENDORSEMENT In consideration of the premium charged, it is agreed that the Insureds identified below have been approved by the Company to perform Professional Services involving Commercial Property. Insured Effective Date of Approval Rick Nakasako 04/11/2019 Bradley Carneghi 04/11/2019 Wayne Prescott 04/11/2019 Matt Watson 04/11/2019 4 w F s Exclusion(l)remains unchanged and effective,however,unless the Insured identified is approved for Professional Services involving undeveloped or vacant land whose proposed use is for multiple unit single-family housing developments, condominium developments, co-operative housing developments or apartment developments consisting of 10 units or more. I All other terms, conditions, and exclusions of this Policy remain unchanged. j Aspen American Insurance Company Page 1 of 1 LIAO13 (10/14)