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22-010 HMH Engineers, for Civil Engineering Services for Various Public Works ProjectsCivil Engineering Services for Various Public Works Projects
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DESIGN PROFESSIONAL SERVICES AGREEMENT (MASTER)
WITH HMH ENGINEERS, INC
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation
(“City”), and HMH Engineers, Inc (“Consultant”), a Corporation for Civil Engineering Services for
Various Public Works Projects (“Project”), and is effective on the last date signed below (“Effective
Date”).
2. SERVICES
2.1 Scope of Services. Consultant agrees to provide the Services “as needed” and as set forth in the
Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this
Agreement and with each Service Order issued under the authority of the City Director of Public Works
or his designee, in accordance with the following procedures. Consultant further agrees to carry out its
work in compliance with any applicable local, State, or Federal order regarding COVID-19.
2.2 Service Orders. Before issuing a Service Order the City Director of Public Works/Designee will
request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a
written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation,
which the Parties will discuss. Thereafter City Director of Public Works/Designee will execute a Service
Order using the Service Order Form attached and incorporated here as Exhibit B. Each Service Order
will specify its scope of services, deliverables, schedule of performance, compensation, and any other
applicable terms. Issuance of a Purchase Order is discretionary and the Director of Public
Works/Designee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it
is in the City’s best interests. Consultant will not be compensated for Services performed without a duly
executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2022 (“Contract
Time”), unless terminated earlier as provided herein. The City’s Director of Public Works or City
Manager may extend the Contract Time through a written amendment to this Agreement, provided such
extension does not include additional contract funds. Extensions requiring additional contract funds are
subject to the City’s purchasing policy.
3.2 Schedule of Performance. All Services must be provided within the times specified in each
Service Order, and under no circumstances should the Services go beyond the Contract Time. Consultant
must promptly notify City of any actual or potential delay in providing the Services as scheduled to
afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks,
Consultant must begin work on each separate task upon receiving City’s Notice to Proceed (“NTP”), and
must complete each task within the time specified in each Service Order.
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3.3 Time is of the essence for the performance of all the Services required in this Agreement and in
each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the
Services on time. Consultant must respond promptly to the City’s Service Orders and any change orders
that may be issued
4. COMPENSATION
4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to exceed
$75,000.00 (“Contract Price”), based on the budget and rates set forth in Exhibit C, Compensation,
attached and incorporated here. The Contract Price includes all expenses and reimbursements and will
remain in place even if Consultant’s actual costs exceed the capped amount. No extra work or payment
is permitted in excess of the Contract Price.
4.2 Invoices and Payments. City will pay Consultant for Services satisfactorily provided under a
Service Order, within thirty (30) days following receipt of a properly submitted invoice for Services
provided during the preceding calendar month. Unless otherwise provided by a Service Order, each
invoice must include for each day of Services:
a. The name of each individual providing Services;
b. A succinct summary of the Services performed by each such individual;
c. The time spent by each individual providing those Services;
d. The applicable hourly billing rate and payment due; and
e. A detailed breakdown of all allowable expenses.
All hourly rates and allowable expenses must conform to City-approved rates set forth in Exhibit C.
4.3 Final Payment. At least thirty (30) days prior to end of the Agreement, Consultant must submit
a requisition for final and complete payment of costs and any pending claims for City approval.
Noncompliance with this requirement relieves City of further payments/obligations under the
Agreement.
5. INDEPENDENT CONSULTANT
5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture
of City. Consultant is solely responsible for the means and methods of performing the Services and for
the persons hired to work under this Agreement. No civil service status or other right of employment
will be acquired by virtue of Consultant’s performance of the Services. Consultant is not entitled to
health, workers’ compensation, or other benefits from City.
5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants 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 industry practices for similar services performed in the
San Francisco Bay Area.
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5.3 Permits and Licenses. Consultant warrants on behalf of itself and its Subconsultants that they
are properly licensed, registered, and/or certified to perform the Services as required by law and that
they have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant’s
employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits
may provide Services under this Agreement. Consultant must require all Subconsultants to furnish proof
of insurance for workers’ compensation, commercial liability, auto, and professional liability in
reasonable conformity to the insurance required of Consultant. The terms and conditions of this
Agreement shall be binding on all Subconsultants relative to the portion of their work.
5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all the
tools, materials, and equipment required to perform the Services.
5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant 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. Consultant shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to
Consultant’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 Consultant. 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 Consultant, or any of its employees, agents, or subcontractors, is
an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this
Agreement, or to promptly remint to City any payments due by the 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.
5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those
of its Subconsultants, and must take prompt measures to avoid, mitigate, and correct them at its sole
expense.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
During the Contract Time, Consultant may have access to private or confidential 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. Consultant shall hold in confidence all City information and use
it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City
information as a reasonably prudent Consultant would use to protect its own proprietary data.
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7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest
(including copyright interests) of Consultant or its Subconsultants 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 Consultant 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
prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall
constitute City property. If it is determined under federal law that the Work Product is not “works for
hire,” Consultant hereby assigns to City all copyrights to the Work Product when and as created, and
shall require Subconsultants to do the same. Consultant may retain copyrights to its standard details, but
hereby grants City a perpetual, non-exclusive license to use such details.
7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use
of any third 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 Consultant and Subconsultants to execute or implement any of the
following, but Consultant shall not be responsible or liable for City’s re-use of Work Product:
(a) For work related to the original Services for which Consultant was hired;
(b) To complete the original Services with City personnel, agents or other Consultants;
(c) To make subsequent additions to the original Services; and/or
(d) For other City projects.
7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the
Deliverables required under this Agreement, which shall be provided to City on recycled paper and
copied on both sides, except for one single-sided original. Large-scale architectural plans and similar
items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in
Microsoft Office applications and PDF formats.
8. RECORDS
8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the
Services and Compensation, in accordance with generally accepted accounting principles and
procedures. The records must include detailed information about Consultant’s performance, benchmarks
and deliverables. The records and supporting documents must be kept separate from other files and
maintained for a period of 4 (four) years from the date of City’s final payment.
8.2 City will have free and full access to Consultant’s books and records for review and audit, to
make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents,
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proceedings, and activities related to this Agreement. If a supplemental examination or audit of
Consultant’s records discloses non-compliance with appropriate internal financial controls, a contract
breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the
supplemental examination. This Section 8 survives the expiration/termination of this Agreement.
8.3 Consultant acknowledges that certain documents generated or received by Consultant in
connection with the performance of this Agreement, including but not limited to correspondence
between Consultant and any third party, are public records under the California Public Records Act,
California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the
retention of public records and shall make such records available to the City upon request by the City,
or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature of
Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not
be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of
the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and
assignees.
10. PUBLICITY / SIGNS
Any publicity generated by Consultant in connection with the Project and Services during the Contract
Time and for one (1) year thereafter will reference City contributions in making the Project possible.
The words “City of Cupertino” shall 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
Agreement without prior written approval from City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law and except for losses caused by the sole or active
negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold
harmless the City as follows:
a. Indemnity for Design Professional Liability: With respect to the performance of
design professional services by a design professional as defined in California Civil Code Section
2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its
officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from
and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without
limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of
every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or
willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors
(collectively and/or individually “Consultant”), in the performance of this Agreement or failure to
comply with any obligations of the Agreement. If it is finally determined (through a non-appealable
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judgment or an agreement between City and Consultant) that liability is caused by the comparative
negligence or willful misconduct of City, then Consultant’s indemnification and hold harmless
obligation shall not exceed Consultant’s finally determined percentage of liability based upon the
comparative fault of Consultant.
Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide
or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall
reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert
fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct
of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant’s
proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California
Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and
hold harmless Indemnitees from and against any claim involving intellectual property, infringement,
or violation of a United States patent right or copyright, trade secret, trademark, or service mark or
other proprietary or intellectual property rights, which arises out of, pertains to, or relates to
Consultant’s negligence, recklessness, or willful misconduct. Such costs and expenses will include
reasonable attorney fees for legal counsel of City’s choice, expert fees, and all other costs and fees of
litigation.
c. Claims for Other Liability. Except as provided in subsections 11.1(a) and (b), to the
fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by
City), and indemnify City and its officers, officials, agents, employees, and volunteers (collectively
and/or individually “City”) from and against any and all liability, claim, loss, damage, expense, costs
(including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature
arising out of, related to, or in connection with the performance of work hereunder by Consultant or
any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply
with any of the obligations contained in this Agreement, except such loss or damage which was
caused by the sole negligence or sole willful misconduct of the City.
Consultant’s duty to defend applies immediately, whether or not liability is established. An allegation
or determination that persons other than Contractor are responsible for the claim does not relieve
Contractor from its separate and distinct obligation to defend as stated herein.
11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or
lawsuit arising out of this Agreement. Consultant’s duties herein are not limited to or subject to the
Contract Price, to Workers’ Compensation claims, or to the Insurance or Bond limits and provisions.
Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of
Consultant against any Indemnitee.
11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related
to Consultant’s indemnification duties, including reasonable attorney fees, fees for legal counsel
acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a
purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City
may deduct money from Consultant’s payments to cover moneys due to City.
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11.4 Consultant 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 Consultant 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.
11.5 This Section 11 shall survive expiration or termination of this Agreement.
12. INSURANCE
On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with
City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the
Agreement until it has approved receipt of satisfactory certificates of insurance and endorsements
evidencing the type, amount, class of operations covered, and the effective and expiration dates of
coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance
at Consultant’s expense and deduct costs from payments to Consultant.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Consultant shall comply with all local, state, and federal laws and regulations
applicable to this Agreement. Consultant will promptly notify City of changes in the law or other
conditions that may affect the Project or Consultant’s ability to perform. Consultant is responsible for
verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act, or other federal or state law, rule or regulation.
13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the
Services include a “public works” component, Consultant must comply with prevailing wage laws under
Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with
City’s Labor Compliance Program, and with state labor laws pertaining to working days, overtime,
payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant
must comply with the apprenticeship requirement in Labor Code Section 1777.5.
13.3 Discrimination Laws. Consultant 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. Consultant 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, Consultant understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person is strictly prohibited. Consultant agrees to provide records and documentation to the City
on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations
applicable to this Agreement and must avoid any conflict of interest. Consultant 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
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violation of California Government Code Section 1090 et seq. Consultant may be required to file a
conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity,
as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services
may only be performed by persons who are not employed by City and who do not have any contractual
relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies
and administrative rules prohibiting gifts to City officials and employees.
13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its
rights and remedies under law and this Agreement, including the right to seek indemnification under
Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss,
liability, and expenses arising from noncompliance with this Section.
14. PROJECT COORDINATION
14.1 City Project Manager. The City’s Project Manager for all purposes under this Agreement will
be John Raaymakers, who shall have the authority to manage this Agreement and oversee the progress
and performance of the Services. City in its sole discretion may substitute another Project Manager at any
time and will advise Consultant of the new representative.
14.2 Consultant Project Manager. Subject to City approval, the Consultant’s Project Manager for all
purposes under this Agreement will be Jon Cacciotti, who shall be the single representative for
Consultant with the authority to manage compliance with this Agreement and oversee the progress and
performance of the Services. This includes responsibility for coordinating and scheduling the Services in
accordance with City instructions, service orders, and the Schedule of Performance, and providing
regular updates to the City’s Project Manager on the Project status, progress, and any delays. City written
approval is required prior to Consultant substituting a new Project Manager, which shall result in no
additional costs to City or Project delays.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project with thirty (30) calendar days’ written notice to Consultant.
Consultant 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. No close out work
shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent
(10%) of the total time expended to the date of abandonment. All charges including job closure costs
will be paid in accordance with the provisions of this Agreement and within thirty (30) days of
Consultant’s final invoice reasonably approved by the City.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable written
notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be
paid for satisfactory Services rendered through the date of termination, but final payment will not be
made until Consultant closes out the Services and delivers all Work Product to City. All charges
approved by City including job closure costs will be paid within thirty (30) days of Consultant’s final
invoice.
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17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, excepting any choice of law rules
which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Consultant must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court. If a dispute arises, Consultant 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 files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceeding to enforce
its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to
reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated
by Consultant or Subconsultant. This Section 18 survives termination of this Agreement.
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 any breach shall not be deemed to constitute waiver of another term,
provision, covenant or condition, or a subsequent breach, whether of the same or a different character.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any other agreements and understandings, 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 this 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 contractual provision or clause that may be required by law is deemed to be included and will be
inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or
omission of a required provision.
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.
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24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application
to specific situations shall remain in full force and effect.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement ends, including without
limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full
force and effect.
26. NOTICES
All notices, requests, and approvals must be sent 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:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: John Raaymakers
Email: johnr@cupertino.org
To Consultant:
HMH Engineers, Inc
1570 Oakland Rd.
San Jose, CA 95131
Attention: Jon Cacciotti
Email: jcacciotti@hmhca.com
27. EXECUTION
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant
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 Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original
and all of which, taken together, constitute a single binding instrument.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO HMH ENGINEERS, INC
A Municipal Corporation
By
Name
Title
Date
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Jon Cacciotti
Jon Cacciotti
Principal
Jan 25, 2022
Christopher D. Jensen
Acting Director of Public Works
Jimmy Tan, P.E.
Jan 25, 2022
Jan 25, 2022
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 1 OF 13
Exhibit A
Scope of Services
Design Professional shall provide certain Civil Engineering services as required and requested
by City.
Design Professional shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from City’s Director of Public Works or authorized
Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service
Order.
Section 1- General Provisions
A. Design Professional shall perform all services to the satisfaction of City’s Public Works
Director or authorized Agent.
B. Design Professional shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Civil Engineering Design
Professionals with similar knowledge and skill engaged in related work throughout California
under the same or similar circumstances.
C. Design Professional shall perform services under this Master Agreement only by
authorization of a fully executed Service Order which shall clearly provide the nature of the
specific services, the time limit within which such services must be completed, and the
compensation for such services. City shall incorporate each authorized and fully executed
Service Order into the terms and conditions of this Master Agreement.
D. Design Professional shall begin work only after receipt of a fully authorized and
executed Service Order and shall execute the Project work as detailed in the Service Order.
Unauthorized services performed by Design Professional shall be at no cost to City.
E. City shall designate a Project Manager for each fully executed Service Order under this
Agreement. Design Professional shall coordinate the Service Order performance with City’s
designated Project Manager.
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 2 OF 13
Section 2. Basic Services
As authorized by a fully executed Service Order, Design Professional shall provide Civil
Engineering services for various City Public Works Projects in accordance with the following:
A. General Performance Requirements
For each assigned Project:
1. Design Professional shall designate a Project manager and provide to City the
names of their team members for the Project. The team members shall be satisfactory to
City. Design Professional shall not substitute any team members without the prior
approval of City. City retains the right to reject team members assigned by Design
Professional or require replacement of team members.
2. Design Professional shall effectively manage and administer the Project for the
efficient, progressive, and proactive delivery of the Project.
3. Design Professional shall be responsible for managing and coordinating the
work of all sub-Design Professionals and subcontractors.
4. Design Professional shall consult and coordinate with the City and communicate
with members of the Project team.
5. Design Professional shall schedule meetings and prepare meeting agendas and
minutes for all Project meetings. All minutes of meetings are due to the City within ten
(10) calendar days after the meeting in a digital format and shall also be provided to
other appropriate agencies and entities, as directed by City.
6. Design Professional shall communicate weekly with City’s assigned Project
Manager to provide an update on the current status of the Project and provide a brief
written summary report.
B. Specific Performance Requirements
For each assigned Project, Design Professional may provide any or all of the following tasks and
subtasks, as is required for the specific Project:
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 3 OF 13
Task 1.0 Pre-Design Studies
1.01 Project Analysis: For budget programming purposes, analyze a Project proposal to
identify and describe initial Project goals and objectives, develop a scenario to address
Project goals and objectives, Project delivery process, and cost estimate to deliver the
proposed Project.
1.02 Feasibility Study: Perform a Feasibility Study for the proposed Project. Study will
include a professional analysis of the ability of the agency to provide the desired
improvements/outcomes within the available budget, and considering other defined
constraints such as right-of-way. Other factors to be considered include constructability,
time to design and construct, and environmental impacts. Study will also include the
outcome of the proposed improvements including traffic impacts, maintenance
implications, cost to construct, cost of right-of-way acquisition, conformance with the
General Plan, construction impacts, impacts to specific properties, and other information
that will assist the City in determining whether or not to construct the Project.
1.00 Deliverables: (all deliverables digital unless otherwise noted)
1.01 Project Analysis Report
1.02 Feasibility Report
Task 2.0 Data Collection
2.01 Existing Data Assembly: Design Professional shall review Project data provided by the
City including, but not limited to: topographic survey, geotechnical reports, traffic
studies, CEQA documents, other environmental studies, tree surveys, arborist’s reports,
approved Master Plan, or other such data. The Design Professional shall be entitled to
reasonably rely upon the accuracy and sufficiency of any information provided to the
Design Professional by the City or the City’s agents.
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Master Agreement for Civil Engineering Services PAGE 4 OF 13
2.02 The Design Professional shall identify discrepancies or shortcomings among the existing
data, and identify solutions for resolution, and propose generation of additional site
information necessary to provide an accurate Project base map.
2.03 The Design Professional shall utilize existing data to the extent possible and inform the
City immediately of problems associated with using existing data for Project base
information.
2.04 Utility Coordination: Coordinate with all utility owners who may have facilities within
the Project area or that may be impacted by the Project work. Transmit preliminary
plans for identification of potential conflicts. Coordinate potholing by utility companies
and owners as required.
2.05 Field Survey: Perform field survey of existing control and monumentation. Locate
existing survey monuments and accessible property corners and compute the existing
right-of-way based on boundary evidence, record maps and preliminary title reports.
Prepare a calculated base map of the existing right-of-way for use in design.
2.06 Base Sheet Preparation: The Design Professional shall compile survey and other data as
made available into a base sheet create Project base information in AutoCAD 2015 for
use in subsequent Project design tasks and submit to the City for review and comment.
The base information shall utilize topographic survey as furnished by the City or by the
Design Professional, according to the agreement.
2.07 Outreach: Design Professional shall conduct outreach with groups as identified by the
City to establish design program.
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Master Agreement for Civil Engineering Services PAGE 5 OF 13
2.08 Conceptual Alternative Development: Design Professional shall prepare three (3) hand
drawn, color rendered conceptual solutions for the Project, each which address the
primary Project issues and budget.
2.09 Staff Review: Design Professional shall present each concept to the City with analysis
for evaluation. The City shall select one concept as the preferred solution and provide
the Design Professional with written direction to proceed with that concept.
2.0 Deliverables: (all deliverables digital unless otherwise noted)
2.01 Source Document Listing
2.02 Proposal of Additional Investigative Actions
2.03 Details of Problematic Data with solutions for resolution
2.04 Summary of Utility Companies Contacted and Actions Taken
2.05 Prepare calculated base map of ex. Right-of-Way
2.06 Scaled Base Map in AutoCad (current version) Format, including Project Area Surface
Features
2.07 Description of outreach
2.08 Prepare conceptual alternative
2.09 Presentation of concepts with analysis of each concept and meeting notes
Task 3.0: Preliminary (35%) Design
3.01 Meetings: The Design Professional shall participate in two (2) design team meetings with
representatives of the City during the Preliminary Design phase and provide written
meeting minutes to the City within two (2) business days.
3.02 Alternatives Analysis: Provide alternatives to accomplish the Project goals and
objectives. Include a comparison of the alternatives that includes, at a minimum
achievement of goal(s), construction cost, maintenance implications/costs, energy use,
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 6 OF 13
construction impacts, and time to construct. Include identification of agencies or
jurisdictions that would need to be coordinated for each alternative.
3.03 Preliminary Plans: Prepare Preliminary Design Plans and submit them to the City for
review and comment. The plans shall be prepared digitally using current AutoCad
software. The plans shall be formatted per City standards and submitted with other
Preliminary Design Documents as noted below. The Preliminary Plans will include the
major items of work needed to accomplish the Project goals.
The sheets to be provided for this Preliminary Plan submittal may include:
• Title / Index Sheet
• Demolition Plans
• Improvement Plans
• Typical Cross Sections
• Preliminary Street Alignment Plans and Profiles
• Preliminary Utility Plans
• Striping Plans
• Planting
• Details
3.04 Preliminary Estimate: Prepare a Preliminary Estimate of Probable Construction Cost
based on items and quantities of work shown on the Preliminary Plans and other
anticipated improvements. Prices will be based on the magnitude of the quantities and
the Design Professionals experience with similar local projects and engineer’s
judgement.
3.0 Deliverables: (all deliverables digital unless otherwise noted)
3.01 Meeting Notes
3.02 Project Alternatives Analysis
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Master Agreement for Civil Engineering Services PAGE 7 OF 13
3.03 Preliminary Plans
3.04 Preliminary Estimate of Probable Construction Cost
Task 4. 0 Construction Document Development
4.01 Meeting: The Design Professional shall participate in two (2) design team meetings with
representatives of the City during the Construction Document phase and provide written
meeting minutes to the City within two (2) business days.
4.02 65% Construction Documents: The 65% Construction Documents shall be a refinement
of the Preliminary Design documents and are based on comments received for the
Preliminary Review. The 65% Plans, Draft Technical Specifications, and 65% Cost
Estimate shall be submitted together.
4.03 65% Plans: Prepare 65% Design Plans and submit them to the City for review and
comment. 65% plans shall include any sheets not previously submitted (erosion control,
draft details, etc.). Advance the design to the point that all major design issues and
solutions are represented in the plans. The following types of plans may be prepared:
• Title Sheet, Legend and Notes
• Typical Cross Sections
• Demolition Plans
• Street Improvement Plans and Profiles
• Utility Plans and Profiles
• Construction Details
• Traffic Handling and Construction Area Signs
• Signing Striping Plans
• Erosion Control Plans
4.04 Draft Technical Specifications: Prepare Draft Technical Specifications and submit them
tom the City for review and comment. The Technical Specifications are to reference City
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Master Agreement for Civil Engineering Services PAGE 8 OF 13
or Caltrans Standard Specifications for the various items of work, including
measurement and payment provisions.
4.05 65% Cost Estimate: Prepare a 65% Estimate of Probable Cost based on items and
quantities of work shown on the 65% Plans and other anticipated improvements. Prices
will be based on the magnitude of the quantities and the Design Professional’s experience
with similar local projects and engineer’s judgment.
4.06 95% Construction Documents: The 95% Construction Documents shall be a refinement of
the 65% Design Documents and are to be based on comments received for the 65% review.
The 95% Plans, Final Technical Specifications, and 95% Cost Estimate shall be submitted
together.
4.07 95% Plans: Prepare 95% Design Plans and submit them to the City for review and
comment.
4.08 Final Technical Specifications: Update the Draft Technical Specifications and submit the
Final Technical Specifications to the City for review and comment. The technical
specifications are to reference City or Caltrans Standard Specifications for the various
items of work, including measurement and payment provisions.
4.09 95% Cost Estimate: Prepare a 95% Estimate of Probable Cost as needed based on items
and quantities of work shown on the 95% Plans and other anticipated improvements.
Prices will be based on the magnitude of the quantities and the Design Professional’s
experience with similar local projects and engineer’s judgment
4.0 Deliverables: (all deliverables digital unless otherwise noted)
4.01 Meeting Notes
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Master Agreement for Civil Engineering Services PAGE 9 OF 13
4.02 65% Construction Documents
4.03 65% Design Plans
4.04 Draft Technical Specification
4.05 65% Construction Cost Estimate
4.06 95% Construction Documents
4.07 95% Design Plans
4.08 Final Technical Specifications
4.09 95% Construction Cost Estimate
Task 5.0 Final (100%) Construction Documents
5.01 100% Construction Documents: The 100% Construction Documents shall address any
comments received for the 95% review. The 100% Plans, Technical Specifications, and
Cost Estimate shall be submitted together on a flash drive.
In addition, provide one (1) complete wet signed and stamped sets of Construction
Documents and Technical Specifications. The submitted documents shall be in
reproducible, hard copy format.
City will review the 100% Construction Documents for confirmation that responses to all
previously provided comments are appropriately integrated. Design Professional is to
make any changes to the 100% plans that are requested by the City.
5.02 100% Plans: Prepare 100% Design Plans and submit them to the City for review and
approval.
5.03 100% Technical Specifications: Update the Final Technical Specifications and submit
the 100% Technical Specifications to the City.
5.04 100% Cost Estimate: Prepare a 100% Estimate of Probable Construction Cost as needed
based on items and quantities of work shown on the 100% Plans
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Master Agreement for Civil Engineering Services PAGE 10 OF 13
5.0 Deliverables: (all deliverables digital unless otherwise noted)
5.01 100% Construction Document
5.02 100% Plans (digital + one stamped, signed, full size record set of plans)
5.03 100% Technical Specifications (digital and one stamped, signed hard copy) in
Word and one (1) bound 8-1/2 X 11 set
5.04 100% Cost Estimate (digital)
Task 6.0: Bid and Award Support
6.01 Bid Period Assistance: Design Professional shall provide the following bid phase
services, at the City’s request, through award of the construction contract:
a. Attend the general contractor’s pre-bid meeting.
b. Respond to bidders’ questions until the question cutoff period identified in the
bid documents package.
c. Assist in the review and processing of substitution submittals during the Bid
phase.
d. Assist in the evaluation of bids as requested by the City.
6.02 Addenda Preparation: As requested by the City, prepare addenda to Project documents
including, but not limited to, new or revised Plans, new or revised Technical
Specifications and/or removal of items from the Project Plans and/or Specifications.
6.03 Project Document Conformance: Design Professional shall update the Construction
Document package to include all addenda issued during the Bid process and submit a
Conformed Set of drawings and specifications to the City within ten (10) days of the
contract award by the City Council.
a. The Design Professional shall provide one (1) complete wet signed, stamped
Conform Sets of Construction Documents and Technical Specifications that
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 11 OF 13
includes the 100% Construction Documents Package and all bid addenda.
The submitted documents shall be in reproducible, hard copy format.
b. The Design Professional shall provide one (1) complete electronic format
Conform Set Construction Documents and Technical Specifications in both
native file formats (AutoCAD, MS Word) and pdf on a City compatible a
flash drive.
6.0 Deliverables: (all deliverables digital unless otherwise noted)
6.01b Written response to Bidders’ questions
6.01c Written evaluation of substitution submittals
6.02 Project Addenda
6.03 Conformed Project Documents
Task 7.0: Construction Administration
Design Professional’s responsibility to provide the Construction Administration Services
commences with the construction contract award and ends with submission of the final Project
Punch List. Design Professional shall advise the City, in writing, of any construction items that
are not in conformance with the Contract Documents. Design Professional shall have
reasonable access to the construction of the Project wherever it is in preparation or progress as
appropriate to meet its obligations under this Agreement. Duties, responsibilities and
limitations of authority of Design Professional under this Task shall not be restricted, modified
or extended except by advance, written agreement between City and Design Professional.
7.01 Submittal Review: The Design Professional shall review and approve or reject the
Contractor’s submittals within five (5) working days of receipt. The Design Professional
may request additional review time for particularly complex or unusual submittals. The
City shall not grant additional review time for standard construction item submittals.
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 12 OF 13
The Design Professional shall maintain a detailed record of all submittals and content
supplied by the Contractor.
7.02 Requests for Information: The Design Professional shall review Contractor’s Requests
for Information and provide a written response to the Design Professional with a copy to
the City, within five (5) working days of receipt. The Design Professional’s response shall
provide, with advance City approval, supplemental drawings and/or specifications
necessary to clarify the RFI. The Design Professional shall maintain a detailed record of
all RFI’s and responses supplied to the Contractor.
7.03 Change Orders: Design Professional shall review and advise the City on requests by the
City or Contractor for changes in the construction of the Project. The Design Professional
shall review City prepared Contract Change Orders and, where necessary, prepares
Drawings and Specifications to describe Work to be added, deleted or modified. The
Design Professional shall maintain all records relative to changes in the construction.
7.04 Construction Meetings: Attend up to two (2) site meetings in the Construction phase and
provide meeting minutes to the City within two (2) business days.
7.05 Record Drawings: Design Professional shall revise the contract plans to include all
change orders, RFI responses and field changes to reflect actual conditions. Utilizing the
contractor’s red-line mark-up plan set the Design Professional shall transfer these
changes to the record drawings.
7.0 Deliverables (all deliverables shall be digital unless otherwise noted)
7.01 Responses to submittals, submittal log
7.02 Responses to Requests for Information, RFI log
7.03 Review comments for City prepared Change Orders
7.04 Meeting Minutes
HMH Engineers, Inc. - 2021 Exhibit A
Master Agreement for Civil Engineering Services PAGE 13 OF 13
7.05 Record Drawings
Task 8.0: Additional Services
Design Professional services not specifically identified in the Scope of Services shall be
considered Additional Services. At the City’s request, the Design Professional shall provide a
fee proposal for specific additional services consistent with the professional rate schedule in
Exhibit C.
Other Tasks/Services that may be assigned per Project needs:
• Plan line study
• Corridor study
• Community Outreach Support/Design Visualization
• Utility Coordination
• Permit Acquisition
• Traffic Signal Design
• Street Lighting Design
• Structural Design
• Green Street Infrastructure Design
• Complete Street Roadway Design
• Environmental Engineering
• Storm Water Conveyance and Treatment Design
• Fiber Optic/Communication Design
• Aerial Photometric Survey
• Legal Descriptions and Plat Maps
• Planting and Irrigation Design
• Roadway Aesthetic Treatments
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals Signatures:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Encumbrance this Service Order:
MA End Date:
Consultant/
Contractor
Manager/
Supervisor:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
Exhibit B
n
Choose
HMH Engineers Exhibit C
2022 Master Agreement-Civil PAGE 1 OF 3
EXHIBIT C
COMPENSATION
Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C.
The City will compensate the Consultant for satisfactory performance of duly authorized
Services, based on the hourly rate(s) set forth below. 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. These hourly rates will remain in effect for the Term of
the Agreement unless changed by written amendment to the Agreement. Total compensation
for Services provided pursuant to a Service Order, including reimbursable expenses, may not
exceed the maximum compensation authorized under the Service Order.
Consultant Hourly Rates:
Professional & Office
Per Hour
Civil Engineering, Land Surveying or Landscape Architect Manager $196
Senior Civil Engineering or Land Surveying or Landscape Architect Manager $224
Senior Land Development Manager $230-250
Land Development Manager $198-220
Senior Planner $214
Senior Civil Engineer, Land Surveyor, or Landscape Architect $180
Engineering Design Specialist $174
Design Specialist $160-196
Project Planner $194
Project Civil Engineer, Land Surveyor, or Landscape Architect $166
Project Arborist $156
Senior Engineer, Surveyor, or Landscape Designer $170
Engineer, Planner, Surveyor, or Landscape Designer $158
Assistant Engineer, Surveyor, Planner, or Landscape Designer $142
Junior Engineer, Surveyor, Planner, or Landscape Designer $132
HMH Engineers Exhibit C
2022 Master Agreement-Civil PAGE 2 OF 3
Senior Technician $144
Project Technician $132
Technician $122
Assistant Technician $112
Junior Technician $94
Intern $90
Project Support Staff $88
Field Services
Per Hour
2 Man Field Crew $264
3 Man Field Crew $346
1-Man Field Crew $184
Senior Field Engineer $174
Field Engineer $154
Principals are Charged at $230.00 to $350.00 per hour
Reimbursable Expenses:
Reimbursable expenses include the cost of items, other than direct labor, specifically required to
perform the Services, excluding normal business operating expenses and overhead, which are
included in the direct hourly rates set forth above. City will compensate Consultant for such
reimbursable expenses only with prior written authorization by the individual designated as
the City Representative in Section 8, Project Coordination, of the Agreement. The City will
reimburse the Consultant for allowable reimbursable expenses for the documented actual cost
only, with no surcharge or markup for Consultant administration. Reimbursable expenses must
be separately identified on the Consultant invoice and documentation of each reimbursable
expense must be submitted to the City upon request and maintained as required under Section
18, Records, of the Agreement. Allowed reimbursable expenses include, but are not limited to:
• Individual or multiple document reproductions that exceed 50 pages;
• Drawing or bid set reproductions;
HMH Engineers Exhibit C
2022 Master Agreement-Civil PAGE 3 OF 3
• Special software required by City specifically for a project, excluding standard software
programs such as Microsoft Office suite applications (i.e. Word, Excel, PowerPoint,
Project, etc.); Adobe Acrobat; or standard photo editing programs.
• Travel expenses to the extent allowed by City policy, and subject to any limitation on
allowable travel expenses under a Service Order, with mileage reimbursed per the
current IRS standard mileage rate at the time of travel;
• Subconsultants required by project scope of services;
• Safety equipment required by City policy or the project scope of services;
• Mass mailing notifications;
• Special expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation equipment.
END OF EXHIBIT
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
1
Form Updated Jan. 2022
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 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s
Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or claim, $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:
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
2
Form Updated Jan. 2022
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
10/29/2021
AssuredPartners Design Professionals Insurance Services,LLC
3697 Mt.Diablo Blvd Suite 230
Lafayette CA 94549
Doris A.Chambers
Doris.Chambers@AssuredPartners.com
License#:6003745 Travelers Property Casualty Company of America 25674
HMHENGI-01 Berkley Insurance Company 32603HMHEngineers
1570 Oakland Road
San Jose CA 95131
Trumbull Insurance Company 27120
642534451
A X 1,000,000
X 1,000,000
X Contractual Liab 10,000
Included 1,000,000
2,000,000
X
Y Y 6809H276384 3/29/2021 3/29/2022
2,000,000
C 1,000,000
X
X X
Y Y 84UEGAT0879 3/29/2021 3/29/2022
A X X 8,000,000YCUP8673Y7783/29/2021Y 3/29/2022
8,000,000
X 0
A XYUB9N00678A3/29/2021 3/29/2022
1,000,000
1,000,000
1,000,000
B Professional Liability
Contractor’s Pollution Liability AEC-9043337-01 3/29/2021 3/29/2022 Per Claim
Annual Aggregate
$2,000,000
$4,000,000
The Excess-Umbrella Liability coverage is Following Form to the Commercial General Liability,Automobile Liability and Employers’Liability policies.
REF:ALL OPERATIONS OF THE NAMED INSURED.GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Cupertino,its City
Council,officers,officials,employees,agents,servants and volunteers.Commercial General Liability is primary and non-contributory and includes severability
of interests per policy form.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation.Professional
Liability Retro Date:01/01/1976.Cancellation provisions are solely as shown on this certificate.Cancellation:30 Day/10 Day for Non Payment of Premium.
30 Day NOC/10 Day for NonPay of Prem
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
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COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
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·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º
½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó
¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó
®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò
¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸»
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Any person or organization that you agree in a written contract to include as an additional
insured on this Coverage Part for "bodily injury" or "property damage" included in the "products-
completed operations hazard", provided that such contract was signed and executed by you
before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional
Insured Person(s) or Organization(s) section of this Schedule applies.
10/29/20216809H276384
ÐÑÔ×ÝÇÒËÓÞÛÎ
COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
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̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ
ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ
øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷
Í»½¬·±²×× É¸±×߲ײ«®»¼·¿³»²¼»¼¬±·²ó ̸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±®
½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ
±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²»
©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ
¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô
DZ«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó
²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿
°®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò
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ײ½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ôײ½ò©·¬¸·¬°»®³··±²ò
Any person or organization that you agree in a written contract, on this Coverage Part, provided
that such written contract was signed and executed by you before, and is in effect when the
"bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense
is committed.
Any project to which an applicable written contract with the described in the Name of
Additional Insured Person(s) or Organization(s) section of this Schedule applies.
6809H276384 10/29/2021
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis. this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation , and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written not ice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V -DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219
Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion.
Policy #6809H276384
6809H2763846809H276384
COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"occupational therapist or occupational
for "bodily injury" that arises out of providingtherapy assistant, physical therapist or
or failing to provide "incidental medicalspeech-language pathologist; or
services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or
volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT
or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you
7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the
scope of their employment by you or Expense Limit is the most we will pay under
performing duties related to the conduct Coverage C for all medical expenses
of your business.because of "bodily injury" sustained by any
one person, and will be the higher of:3.The following replaces the last sentence of
Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE:
b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE
services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS:
COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services
out of the violation of a penal statute or exclusion of Coverage A or Coverage B.
ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection:
Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL
a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS:
ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we
b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of:
6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY
b."Personal and advertising injury" caused byCONDITIONS:
an offense that is committed;This insurance is excess over any valid and
subsequent to the signing of that contract orcollectible other insurance, whether primary,
excess, contingent or on any other basis,agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #6809H276384
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured"than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1.BROAD FORM INSURED d.Any "employee"of yours while using a
covered "auto"you don't own,hire or A.Subsidiaries and Newly Acquired or
borrow in your business or yourFormed Organizations
personal affairs.The Named Insured shown in the
C.Lessors as InsuredsDeclarations is amended to include:
Paragraph A.1.-WHO IS AN INSURED -of (1)Any legal business entity other than a
Section II -Liability Coverage is amended topartnershiporjointventure,formed as a
add:subsidiary in which you have an
ownership interest of more than 50%on e.The lessor of a covered "auto"while the
the effective date of the Coverage Form. "auto"is leased to you under a written
However,the Named Insured does not agreement if:
include any subsidiary that is an (1)The agreement requires you to"insured"under any other automobile provide direct primary insurance for policy or would be an "insured"under the lessor andsuchapolicybutforitsterminationor
(2)The "auto"is leased without a driver.the exhaustion of its Limit of Insurance.
Such a leased "auto"will be considered a (2)Any organization that is acquired or
covered "auto"you own and not a covered formed by you and over which you
"auto"you hire.maintain majority ownership.However,
the Named Insured does not include any D.Additional Insured if Required by Contract
newly formed or acquired organization:(1)Paragraph A.1.-WHO IS AN INSURED
(a)That is a partnership or joint -of Section II -Liability Coverage is
venture,amended to add:
(b)That is an "insured"under any other f.When you have agreed,in a written
policy,contract or written agreement,that a
(c)That has exhausted its Limit of person or organization be added as
Insurance under any other policy, or an additional insured on your
business auto policy, such person or (d)180 days or more after its
organization is an "insured", but only acquisition or formation by you,
to the extent such person orunlessyouhavegivenusnoticeof
organization is liable for "bodilythe acquisition or formation.
injury"or "property damage"causedCoveragedoesnotapplyto"bodily
by the conduct of an "insured" under injury"or "property damage"that results
paragraphs a.or b.of Who Is Anfroman"accident"that occurred before
Insured with regard to theyouformed or acquired the organization.
ownership,maintenance or use of a B.Employees as Insureds covered "auto."
Paragraph A.1.-WHO IS AN INSURED -of
SECTION II -LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 1 of 5of ISO Properties,Inc.,with its permission.)
84UEGAT0879
E.Primary and Non-Contributory ifTheinsuranceaffordedtoanysuch
Required by Contractadditionalinsuredappliesonlyifthe
"bodily injury"or "property damage"Only with respect to insurance provided to
occurs:an additional insured in 1.D.-Additional
(1)During the policy period, and Insured If Required by Contract,the
following provisions apply:(2)Subsequent to the execution of such
written contract, and (3)Primary Insurance When Required By
Contract(3)Prior to the expiration of the period
of time that the written contract This insurance is primary if you have
requires such insurance be provided agreed in a written contract or written
to the additional insured.agreement that this insurance be
primary.If other insurance is also (2)How Limits Apply
primary,we will share with all that otherIfyouhaveagreedinawrittencontractinsurancebythemethoddescribedinorwrittenagreementthatanother Other Insurance 5.d.person or organization be added as an
(4)Primary And Non-Contributory To Otheradditionalinsuredonyourpolicy,the
Insurance When Required By Contractmostwewillpayonbehalfofsuch
additional insured is the lesser of:If you have agreed in a written contract
or written agreement that this insurance(a)The limits of insurance specified in
is primary and non-contributory with the the written contract or written
additional insured's own insurance,this agreement; or
insurance is primary and we will not(b)The Limits of Insurance shown in seek contribution from that otherthe Declarations.insurance.
Such amount shall be a part of and not (3)(4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredintheDeclarationsanddescribedinthishasbeen added as an additional insured.Section.
When this insurance is excess,we will have no (3)Additional Insureds Other Insurance duty to defend the insured against any "suit"if
If we cover a claim or "suit"under this any other insurer has a duty to defend the
Coverage Part that may also be covered insured against that "suit".If no other insurer
by other insurance available to an defends,we will undertake to do so,but we will
additional insured,such additional be entitled to the insured's rights against all
insured must submit such claim or "suit"those other insurers.
to the other insurer for defense and When this insurance is excess over otherindemnity. insurance,we will pay only our share of the
However,this provision does not apply amount of the loss,if any,that exceeds the sum
to the extent that you have agreed in a of:
written contract or written agreement (1)The total amount that all such otherthatthisinsuranceisprimaryandnon-insurance would pay for the loss in thecontributorywiththeadditionalinsured's absence of this insurance; andowninsurance.
(2)The total of all deductible and self-insured (4)Duties in The Event Of Accident,Claim,amounts under all that other insurance.Suit or Loss
We will share the remaining loss,if any,by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another
2.AUTOS RENTED BY EMPLOYEESpersonororganizationbeaddedasan
additional insured on your policy,the Any "auto"hired or rented by your "employee"
additional insured shall be required to on your behalf and at your direction will be
comply with the provisions in LOSS considered an "auto"you hire.
CONDITIONS 2.-DUTIES IN THE The OTHER INSURANCE Condition is amended
EVENT OF ACCIDENT,CLAIM ,SUIT by adding the following:
OR LOSS –OF SECTION IV –
BUSINESS AUTO CONDITIONS,in the
same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 2 of 5of ISO Properties,Inc.,with its permission.)
5 PHYSICAL DAMAGE -ADDITIONALIfan"employee’s"personal insurance also .
TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto"
COVERAGEhiredorrentedbyyour"employee"on your
behalf and at your direction,this insurance will Paragraph A.4.a.of SECTION III -PHYSICAL
be primary to the "employee’s"personal DAMAGE COVERAGE is amended to provide a
insurance.limit of $50 per day and a maximum limit of
3.AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
6.LOAN/LEASE GAP COVERAGEEXCLUSION5.-FELLOW EMPLOYEE -of
SECTION II -LIABILITY COVERAGE does not Under SECTION III -PHYSICAL DAMAGE
apply if you have workers'compensation COVERAGE,in the event of a total "loss"to a
insurance in-force covering all of your covered "auto",we will pay your additional legal
"employees".obligation for any difference between the actual
Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss"
insurance.and the "outstanding balance"of the loan/lease.
4.HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance"means the amount you
owe on the loan/lease at the time of "loss"less If hired "autos"are covered "autos"for Liability
any amounts representing taxes;overdueCoverageandifComprehensive,Specified
payments;penalties,interest or chargesCausesofLoss,or Collision coverages are
resulting from overdue payments;additionalprovidedunderthisCoverageFormforany
mileage charges;excess wear and tear charges;"auto"you own,then the Physical Damage
lease termination fees;security deposits not Coverages provided are extended to "autos" you
returned by the lessor;costs for extendedhire or borrow,subject to the following limit.
warranties,credit life Insurance,health,accidentThemostwewillpayfor"loss"to any hired or disability insurance purchased with the loan or "auto"is:lease;and carry-over balances from previous
(1)$100,000;loans or leases.
(2)The actual cash value of the damaged or 7.AIRBAG COVERAGE
stolen property at the time of the "loss"; or Under Paragraph B.EXCLUSIONS -of
(3)The cost of repairing or replacing the SECTION III -PHYSICAL DAMAGE
damaged or stolen property,COVERAGE, the following is added:
whichever is smallest,minus a deductible.The The exclusion relating to mechanical breakdown
deductible will be equal to the largest deductible does not apply to the accidental discharge of an
applicable to any owned "auto"for that airbag.
coverage. No deductible applies to "loss"caused 8.ELECTRONIC EQUIPMENT -BROADENED
by fire or lightning. Hired Auto Physical Damage COVERAGE
coverage is excess over any other collectible
a.The exceptions to Paragraphs B.4 -insurance.Subject to the above limit,deductible
EXCLUSIONS -of SECTION III -PHYSICAL and excess provisions,we will provide coverage
DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any
following:covered "auto"you own.
4.c.4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto"
equipment designed to be operated solelyifitresultsfroman"accident",you are legally
by use of the power from the "auto's"liable and the lessor incurs an actual financial
electrical system that,at the time of "loss", loss,subject to a maximum of $1000 per
is:"accident".
(1)Permanently installed in or upon This extension of coverage does not apply to
the covered "auto";any "auto"you hire or borrow from any of your
"employees",partners (if you are a partnership),(2)Removable from a housing unit
members (if you are a limited liability company),which is permanently installed in
or members of their households.or upon the covered "auto";
(3)An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1)and (2)above;or
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 3 of 5of ISO Properties,Inc.,with its permission.)
(4)Necessary for the normal If another Hartford Financial Services Group,
operation of the covered "auto"or Inc.company policy or coverage form that is not
the monitoring of the covered an automobile policy or coverage form applies to
"auto's"operating system.the same "accident", the following applies:
b.Section III –Version CA 00 01 03 10 of the (1)If the deductible under this Business Auto
Business Auto Coverage Form,Physical Coverage Form is the smaller (or smallest)
Damage Coverage,Limit of Insurance,deductible,it will be waived;
Paragraph C.2 and Version CA 00 01 10 01 of (2)If the deductible under this Business Auto
the Business Auto Coverage Form,Physical Coverage Form is not the smaller (or
Damage Coverage,Limit of Insurance, smallest)deductible,it will be reduced by
Paragraph C are each amended to add the the amount of the smaller (or smallest)
following:deductible.
$1,500 is the most we will pay for "loss"in 12.AMENDED DUTIES IN THE EVENT OF
any one "accident"to all electronic ACCIDENT, CLAIM,SUIT OR LOSS
equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a.-solely for the reproduction of sound,and DUTIES IN THE EVENT O F ACCIDENT,CLAIM,accessories used with such equipment)SUIT OR LOSS -of SECTION IV -BUSINESSthatreproduces,receives or transmits AUTO CONDITIONS that you must notify us of audio,visual or data signals which,at the an "accident"applies only when the "accident" istime of "loss", is:known to:
(1)Permanently installed in or upon (1)You, if you are an individual;the covered "auto"in a housing,
(2)A partner, if you are a partnership;opening or other location that is not
normally used by the "auto"(3)A member,if you are a limited liability
manufacturer for the installation of company;or
such equipment; (4)An executive officer or insurance manager, if
(2)Removable from a permanently you are a corporation.
installed housing unit as described 13.UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a.above or is an HAZARDSintegral part of that equipment; or
If you unintentionally fail to disclose any hazards(3)An integral part of such equipment.existing at the inception date of your policy,we
c.For each covered "auto",should loss be limited will not deny coverage under this Coverage
to electronic equipment only,our obligation to Form because of such failure.
pay for,repair,return or replace damaged or 14.HIRED AUTO -COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby
Paragraph e.of GENERAL CONDITIONS 7.-the applicable deductible shown in the
POLICY PERIOD,COVERAGE TERRITORY -Declarations,or $250,whichever deductible is
of SECTION IV -BUSINESS AUTO less.
CONDITIONS is replaced by the following:9.EXTRA EXPENSE -BROADENED
e.For short-term hired "autos",the coverageCOVERAGE
territory with respect to Liability Coverage isUnderParagraphA.- COVERAGE -of SECTION anywhere in the world provided that if theIII-PHYSICAL DAMAGE COVERAGE,we will "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury"or "property damage"is "auto"to you.determined in a "suit," the "suit" is brought in
10.GLASS REPAIR -WAIVER OF DEDUCTIBLE the United States of America,the territories
and possessions of the United States ofUnderParagraphD.-DEDUCTIBLE -of SECTION
America,Puerto Rico or Canada or in a III -PHYSICAL DAMAGE COVERAGE,the
settlement we agree to.following is added:
15.WAIVER OF SUBROGATIONNodeductibleappliestoglassdamageifthe
glass is repaired rather than replaced.TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US -of SECTION IV -11.TWO OR MORE DEDUCTIBLES
BUSINESS AUTO CONDITIONS is amended byUnderParagraphD.-DEDUCTIBLE -of SECTION adding the following:III -PHYSICAL DAMAGE COVERAGE,the
following is added:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 4 of 5of ISO Properties,Inc.,with its permission.)
We waive any right of recovery we may have c.Regardless of the number of autos deemed a
against any person or organization with whom total loss,the most we will pay under this
you have a written contract that requires such Hybrid,Electric,or Natural Gas Vehicle
waiver because of payments we make for Payment Coverage provision for any one
damages under this Coverage Form."loss"is $10,000.
16.RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision,
The definition of "bodily injury"in SECTION V-a.A "non-hybrid"auto is defined as an auto that
DEFINITIONS is replaced by the following:uses only an internal combustion engine to
move the auto but does not include autos"Bodily injury"means bodily injury,sickness or
powered solely by electricity or natural gas.disease sustained by any person,including
mental anguish or death resulting from any of b.A "hybrid"auto is defined as an auto with an
these.internal combustion engine and one or more
electric motors;and that uses the internal17.EXTENDED CANCELLATION CONDITION
combustion engine and one or more electric Paragraph 2.of the COMMON POLICY motors to move the auto,or the internal CONDITIONS -CANCELLATION -applies combustion engine to charge one or more except as follows:electric motors, which move the auto.
If we cancel for any reason other than 19.VEHICLE WRAP COVERAGEnonpaymentofpremium,we will mail or deliver
In the event of a total loss to an "auto"for whichtothefirstNamedInsuredwrittennoticeof
Comprehensive,Specified Causes of Loss,orcancellationatleast60daysbeforetheeffective
Collision coverages are provided under thisdate of cancellation.
Coverage Form,then such Physical Damage18.HYBRID,ELECTRIC,OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE
In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive,Specified Causes of which are displayed on the covered "auto"at theLoss,or Collision coverages are provided under time of total loss.Regardless of the number ofthisCoverageForm,then such Physical autos deemed a total loss,the most we will pay Damage Coverages are amended as follows:under this Vehicle Wrap Coverage provision for
a.If the auto is replaced with a "hybrid"auto or any one "loss"is $5,000.For purposes of this
an auto powered solely by electricity or natural coverage provision,signs or other graphics
gas,we will pay an additional 10%,to a painted or magnetically affixed to the vehicle are
maximum of $2,500,of the "non-hybrid"auto’s not considered vehicle wraps.
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 Page 5 of 5of ISO Properties,Inc.,with its permission.)
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
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.
The additional premium for this endorsement shall be %of the California workers'compensation pre-
mium.
Schedule
Person or Organization Job Description
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.)
Insurance Company Countersigned by
DATE OF ISSUE:Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to
loss to furnish this waiver.
UB9N00678A
Travelers Property Casualty Company of America
10/29/2021
HMH Design Professional Contract (Master) for
Various CIP Projects
Final Audit Report 2022-01-26
Created:2022-01-20
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAASqR7ic5M9iGOHQtaNvqZAjOLuNkLvGNk
"HMH Design Professional Contract (Master) for Various CIP Pr
ojects" History
Document created by Julia Kinst (juliak@cupertino.org)
2022-01-20 - 0:42:45 AM GMT- IP address: 216.198.111.214
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2022-01-20 - 0:45:29 AM GMT - Time Source: server- IP address: 216.198.111.214
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-01-20 - 0:45:32 AM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-01-20 - 1:09:16 AM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Jon Cacciotti (jcacciotti@hmhca.com) for signature
2022-01-20 - 1:09:19 AM GMT
Email viewed by Jon Cacciotti (jcacciotti@hmhca.com)
2022-01-21 - 5:27:25 AM GMT- IP address: 104.28.123.180
Email viewed by Jon Cacciotti (jcacciotti@hmhca.com)
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Email viewed by Jon Cacciotti (jcacciotti@hmhca.com)
2022-01-23 - 4:08:16 PM GMT- IP address: 104.28.124.180
Email viewed by Jon Cacciotti (jcacciotti@hmhca.com)
2022-01-24 - 4:09:13 AM GMT- IP address: 104.28.124.180
Email viewed by Jon Cacciotti (jcacciotti@hmhca.com)
2022-01-25 - 0:30:02 AM GMT- IP address: 104.28.123.181
Document e-signed by Jon Cacciotti (jcacciotti@hmhca.com)
Signature Date: 2022-01-25 - 10:38:33 PM GMT - Time Source: server- IP address: 73.231.146.13
Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
2022-01-25 - 10:38:36 PM GMT
Email viewed by Christopher D. Jensen (christopherj@cupertino.org)
2022-01-25 - 11:01:37 PM GMT- IP address: 172.226.3.26
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-01-25 - 11:07:23 PM GMT - Time Source: server- IP address: 47.144.198.48
Document emailed to Jimmy Tan, P.E. (jimmyt@cupertino.org) for signature
2022-01-25 - 11:07:26 PM GMT
Email viewed by Jimmy Tan, P.E. (jimmyt@cupertino.org)
2022-01-25 - 11:09:27 PM GMT- IP address: 104.47.73.254
Document e-signed by Jimmy Tan, P.E. (jimmyt@cupertino.org)
Signature Date: 2022-01-25 - 11:10:31 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2022-01-25 - 11:10:34 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2022-01-26 - 0:01:25 AM GMT- IP address: 104.47.73.254
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-01-26 - 0:01:33 AM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2022-01-26 - 0:01:33 AM GMT
