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21-259 Amendment #1 dated 10-4-22 BKF Engineer Amendment 1 for Pumpkin Drive and Fiesta Lane Storm Drain - Ph 11
FIRST AMENDMENT TO AGREEMENT 404 BETWEEN
THE CITY OF CUPERTINO AND BKF ENGINEERS
FOR PUMPKIN DRIVE AND FIESTA LANE STORM
DRAIN - PH 1
This First Amendment to Agreement 404 between the City of Cupertino and BKF Engineers
is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and BKF
Engineers, a Corporation (“Contractor”) whose address is 255 Shoreline Dr., Suite 200, Redwood
City, CA 94065, and is made with reference to the following:
RECITALS:
A. On November 29, 2021 Agreement 404 (“Agreement”) was entered into by and
between City and Contractor for Pumpkin Drive and Fiesta Lane Storm Drain - Ph 1.
B. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 2.1 of the Agreement is modified to read as follows: Basic Services. Consultant
agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of
Services, attached here and incorporated as Exhibits A and A-1, and as further specified in Consultant’s
written Proposal as approved by City, except for any provision in the Proposal which conflicts or is
inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City.
Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal
order regarding COVID-19: Exhibit A-1 of the Agreement is added to Exhibit A as Additional
Services and is attached hereto.
2. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on
the Effective Date and ends on December 31, 2023, unless terminated earlier as provided herein
(“Contract Time”). The City’s appropriate department head 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. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City
will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if
approved, a cumulative total amount that will be capped so as not to exceed $174,842.00 (“Contract
Price”), as specified in Exhibit C, Compensation, attached and incorporated here. The Contract Price
includes all expenses and reimbursements and will remain in place even if Consultant’s actual costs
exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price
4. Paragraph 4.2 of the Agreement is modified to read as follows: Basic Services. City will pay
Consultant $140,742.00 (“Lump Sum Price”) for the complete and satisfactory performance of the
Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and
expenses, including, but not limited to, sub-Consultants’ costs, materials, supplies, equipment, travel,
taxes, overhead, and profit. If the Basic Services are not fully completed, Consultant will be
compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services
that were completed to City’s reasonable satisfaction.
5. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
2
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
BKF ENGINEERS
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Agreement 2022-318 $116,700.00
Amendment #1 Extend term to 12/31/2023 $58,142.00
Total Agreement $174,842.00
Brian Scott
Principal/Vice President
Oct 4, 2022
Christopher D. Jensen
Director
Oct 4, 2022
Oct 4, 2022
Exhibit A-1
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
September 28, 2022
BKF No. C20211865-10
Ryan Do, P.E.
Department of Public Works
City of Cupertino
10300 Torre Avenue, Cupertino, CA 95014
Transmitted Via Email: RyanD@cupertino.org
Subject: Pumpkin Fiesta Phase 1 – Construction Documents
Additional Service Request #1
Dear Ryan,
As requested in your email dated September 19, 2022, we have prepared this additional service request
(ASR) for incorporating structural design of storm drain elements identified below.
1) Transition Structure No. 1, 2 and 3,
2) Junction Structure at Station 6+89, and,
3) Two Cast-in-place box culvert closure structures.
Scope of Work
Cornerstone Structural Engineering Group, Inc. (Cornerstone), will be preparing structural drawings,
calculations, and related specifications for 90% and Final 100% submittals. Cornerstone’s detailed scope of
work and assumptions is outlined in Exhibit A. BKF will revise and resubmit the 90% PS&E submitted on
August 5th and Final PS&E. BKF will revise items related to callouts, notes, references, details, sheet
numbering and specifications to incorporate Corrnerstone’s drawings and specifications.
The scope also includes time for Cornerstone to review RFI and submittals during construction related to
structural components. The budget includes review of up to three (3) submittals. See Exhibit A for
detailed scope.
Fee
We propose to provide this additional scope on a fixed fee basis, not to exceed $58,142. Please refer to
attachments for a detailed breakdown of fee by task. We also would like to request adding 3-weeks to the
project schedule to allow time to resubmit 90% package.
ADDITIONAL SERVICE REQUEST
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
Task BKF Labor Subconsultants Total
Task Description
Sr. PM Tech.
Manager
Design
Engineer
Cornerstone Structural
Engineering Group, Inc.
(Structural)
Total Fee
(incld. 10%
markup)
$237 $231 $151 LS
1. Project Management 20 $4,740
2. Field Investigation $0
3. Construction Documents
90% PS&E 4 4 16 $24,000 $30,688
Final PS&E 4 4 12 $14,000 $19,084
4. Bid and Construction Support $3,300 $3,630
Proposal Total 28 8 28 $41,300 $58,142
We thank you again for the opportunity to continue to work on this project. Please contact me at 650-
482-6313 if you have any questions regarding our scope of services.
Respectfully,
BKF Engineers
Sravan Paladugu, PE, CFM, QSD
Associate \ Sr. Project Manager
Enclosures: Exhibit A
www.cseg.com
986 West Alluvial Avenue – Suite 201
Fresno, CA 93711
tel (559) 320-3200
fax (559) 320-3201
O O
September 13, 2022
Revised September 28, 2022
BKF Engineers
255 Shorline Drive, Ste. 200
Redwood City, CA 94065
Attention: Sravan Paladuga, PE
Subject: Pumpkin Fiesta Phase 1
Storm Drain Junction and Tie-in Structures
Proposal to Provide Structural Engineering Services
Dear Mr. Paladuga
Cornerstone Structural Engineering Group, Inc. (Consultant) is pleased to submit the following proposal to
BKF Engineers (Client) to provide structural engineering services for the subject project. Based on
information provided by BKF, we understand that the Pumpkin Fiesta Storm Drain Project will require the
structural design of the following cast-in-place (CIP) concrete structures:
Transition Structure No. 1 (Station 2+07.67) and Transition Structure No. 2 (Station 3+94.39)
CIP concrete junction structure measuring approximately 5 ft. long x 6 ft wide by 6 ft. tall to tie a new 36
in. diameter precast reinforced concrete pipe (RCP) to a new 4 ft. by 2 ft. precast reinforced concrete box
(RCB) culvert. Transition Structure No. 2 is on a straight alignment while Transition Structure No. 1 is
slightly skewed in plan. The structures are approximately 7.6 ft. deep.
Transition Structure No. 3 (Station 9+30.13)
CIP concrete junction structure measuring approximately 6 ft. long x 10 ft wide by 9 ft. tall to tie an
existing 78 in. diameter precast RCP and two existing 36 in. diameter precast RCP to a new 7 ft. by 4 ft.
precast RCB culvert. The structure is approximately 7.6 ft. deep.
Junction Structure (Station 6+89.68)
CIP concrete junction structure measuring approximately 4 ft. long x 10 ft wide by 6 ft. tall to tie an
existing 36 in. diameter precast RCP to a new 7 ft. by 3 ft. precast RCB culvert and a 36 in. diameter
precast RCP. The structure is approximately 10.1 ft. deep.
Closure Structures (Station 8+05.56 and 8+70.81)
Two CIP concrete closure structures to allow vertical and horizontal angle changes at the 7 ft. by 3 ft.
precast RCB. The closure structures are anticipated to be CIP segments of the RCB that will be tied into
the precast RCB segments.
SCOPE OF WORK
DESIGN SERVICES
•Review civil plans prepared by BKF.
BKF Engineers
Pumpkin Fiesta Phase 1 - Storm Drain Junction and Tie-in Structures
September 13, 2022 – Revised September 28, 2022
Page 2 of 7
• Prepare structural calculations as required for the transition and junction structures. Structures will
designed in accordance with AASHTO LRFD Bridge Design Specifications, 8th Edition and the
recommended design loads provided in the project geotechnical report.
• Prepare construction drawings in AutoCAD 2021 format. Drawings are expected to include the
following sheets:
S-1 Project Design Data and Specifications
S-2 Transition Structure No. 1 and No. 2 Layout and Details
S-3 Transition Structure No. 3 Layout and Details
S-4 Junction Structure Layout and Details
S-5 Transition Structures Layout and Details
• Prepare material specifications in CSI format for BKF to incorporate into the project specification
book
• Perform independent quality control design review in-house
• Respond to one round of City plan-check comments
Deliverables
• One PDF set of structure plans with unchecked details and and one PDF set of structural design
calculations for BKF to submit for City plan check
• Final signed PDF set of structure plans, response to City plan check comments, and updated and
signed structure design calculations
CONSTRUCTION SUPPORT SERVICES
Review Contractor submittals required by the Structural Construction Documents. The following
submittals are anticipated and included in this scope:
a. Concrete mix design (1 reviews assumed)
b. Rebar shop drawings (2 reviews assumed)
c. Waterstop (1 review assumed)
Answering questions or Contractor generated Requests for Information (RFI)
DESIGN FEE
Consultant proposes to provide the scope of services described above as follows:
Design Servies:
Services to be provided on a fixed fee basis for a lump sum of $38,000.
Construction Support Services:
Services to be provided on a time and materials basis not to exceed $3,300
per our attached standard charge rate schedule.
Reimbursable Expenses:
To be billed on a time and material basis per the attached charge rate schedule not to exceed $500
without prior authorization. Anticipated reimbursable expenses include printing, shipping and travel
mileage reimbursement.
We will not exceed these budgets without your prior written authorization.
BKF Engineers
Pumpkin Fiesta Phase 1 - Storm Drain Junction and Tie-in Structures
September 13, 2022 – Revised September 28, 2022
Page 3 of 7
ASSUMPTIONS
Consultant’s services are based on the following Assumptions. In the event that the final project
requirements differ from such assumptions, Consultant’s services, schedule and compensation shall be
adjusted accordingly.
1. Consultant’s services shall be limited to those expressly set forth above, and Consultant shall have no
other obligations or responsibilities for the project except as provided in this Agreement or as agreed
to in writing.
2. Additional Services: Changes to the scope of services that may be required as the Project evolves will
be incorporated into this Agreement through written change requests identifying the change(s) in
scope and corresponding additional fee. In case of dispute, additional services will be provided to
avoid project delays and corresponding additional fees later resolved in good faith.
3. The Standard Professional Agreement Terms and Conditions attached hereto will be applicable to
this project and shall be included in this Agreement. All of Consultant’s services that are in any way
related to the project shall be subject to the terms of this Agreement.
4. Consultant shall be entitled to rely on the adequacy and accuracy of information provided by Client
or Client’s other consultants. Consultant will coordinate such information solely for the interface
with Consultant’s services and shall notify Client of any errors or inconsistencies actually identified
during such coordination. Consultant shall not be responsible for the acts or omissions of the Client,
Owner, Contractors, other consultants, or any other persons performing work on the Project who are
not under the direct control or authority of Consultant.
5. Consultant’s fees and expenses for amounts approved by the Client shall be due within 30 days of the
date of Consultant’s invoice, but shall not be considered late and shall not accrue interest until 30
days after Client’s receipt of payment from Owner (if applicable) so long as Client and Consultant
jointly pursue payment from Owner promptly and in good faith. In no event will Consultant be paid
any later than 180 days after the date of Consultant’s invoice.
6. Cornerstone’s responsibility will be limited to the structural design of the transition and junction
structures. The hydraulic design, including the required size, layout, and depth of the drainage
structures will be provided by BKF. BKF will be responsible for all layout information required to
locate the manhole structures as well as any necessary construction staging and traffic handling
required during construction.
7. It is assumed the transition and junction structures will consist of cast-in-place concrete.
Construction means and methods are the responsibility of the contractor and this proposal does not
include design provisions to accommodate construction techniques to build the manholes. All design
and details for precast manhole risers, access structure components (including ladders, landings,
grates, hatches, etc), connections of pipes to the junction structures will be in accordance with City of
Cupertino Standards.
8. Manhole structures will be supported by spread footings. It is assumed that pile foundations will not
be required.
9. This proposal does not include flexible couplings to accommodate settlement for the structures
relative to the pipes. If required, any manholes will be designed by BKF and shown on the civil plans.
Flexible connections will be shown schematically on the structure plans.
10. Utility design and or relocation is to be performed by others under separate contract.
11. A geotechnical report has been completed by Haley & Aldrich Inc. The design of the transition and
junctions structures will be based on the geotechnical report dated May 11, 2022.
12. All required permit applications and environmental documentation will be prepared and filed by
others.
13. BKF will provide utility locations and any required utility relocations required by the construction of
the storm drain system will be completed by others under separate contract.
BKF Engineers
Pumpkin Fiesta Phase 1 - Storm Drain Junction and Tie-in Structures
September 13, 2022 – Revised September 28, 2022
Page 4 of 7
14. For construction support services, this scope of services does not include redesign of the structural
items due to contractor proposed changes or contractor omissions during construction. If redesign
of the structures is required, additional budget will be necessary.
15. The City of Cupertino will provide a Quality Assurance Program or special inspections and material
testing program.
16. Client agrees that in accordance with generally accepted construction practices, construction
contractor and his subcontractors will be required to assume sole and complete responsibility for job
site conditions during the course of construction of the project, including safety of all persons and
property, and that this requirement shall be made to apply continuously and not be limited to normal
working hours.
We look forward to working with you on this project. Should you have any questions or comments please do
not hesitate to call.
Sincerely,
CORNERSTONE STRUCTURAL
ENGINEERING GROUP, INC.
Shawn M. Cullers, SE
President
Attachments: Standard Professional Agreement Terms and Conditions
Charge Rate Schedule
BKF Engineers
Pumpkin Fiesta Phase 1 - Storm Drain Junction and Tie-in Structures
September 13, 2022 – Revised September 28, 2022
Page 5 of 7
STANDARD PROFESSIONAL AGREEMENT TERMS AND CONDITIONS
These Standard Professional Agreement Terms and Conditions are appended to the letter proposal dated
September 13, 2022, attached hereto and made a part of this Agreement.
Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and the
Consultant, the risks have been allocated such that the Client agrees, on behalf of itself and anyone claiming by or
through Client, to the fullest extent permitted by law, to limit the liability of the Consultant and Consultant’s
officers, directors, partners, principals, employees, shareholders, owners and subconsultants for any and all claims,
losses, injuries, costs, damages of any nature whatsoever, claim expenses from any cause or causes, including
attorneys' fees and costs and expert-witness fees and costs, and all causes of action in law or equity, including but
not limited to negligence, professional negligence, strict liability, breach of contract, indemnity, and breach of
warranty, so that the total aggregate liability of the Consultant and Consultant’s officers, directors, partners,
principals, employees, shareholders, owners and subconsultants shall not exceed the greater of the amount paid to
Consultant for services rendered on this Project or $50,000, and in no event greater than Consultant’s available
proceeds of professional liability insurance. It is intended that this limitation apply to any and all liability or cause
of action however alleged or arising, unless otherwise prohibited by law. Client agrees to defend, indemnify and
hold Consultant harmless from and against any claim, demand, suit, or liability in excess of the amount set forth in
this paragraph. The contractor shall name Client and Consultant as additional insureds on the contractor’s general
liability insurance policy. Both Client and Consultant acknowledge that this limitation of liability has been expressly
agreed to between them as part of their negotiations in entering into this Agreement.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the Client or the Consultant. The Consultant's services under
this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim
against the Consultant because of this Agreement or the performance or nonperformance of services hereunder.
The Client and Consultant agree to require a similar provision in all contracts with contractors, subcontractors,
subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision.
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent
permitted by law, the Client and the Consultant, and each of their respective officers, directors, partners, principals,
employees, contractors and subconsultants waive and release any and all incidental, indirect or consequential
damages against each other arising out of or connected in any way to the Project or to this Agreement. This mutual
waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss
of income, loss of reputation, delays, disruptions, and any other consequential damages that either party may have
incurred from any cause of action including negligence, professional negligence, strict liability, breach of contract,
indemnity, and breach of warranty. Both the Client and the Consultant shall require similar waivers of
consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with
others involved in this project. Both Client and Consultant acknowledge that this provision has been expressly
agreed to between them as part of their negotiations in entering into this Agreement.
No Personal Liability: In no event shall the officers, directors, shareholders, principals, owners or employees of
Consultant be personally liable for any obligation under this Agreement, for any alleged breach of this Agreement,
for any direct, indirect, incidental or consequential losses or damage of any kind or nature whatsoever. The Parties
agree that the sole and exclusive remedy by Client for any and all obligations and claims shall be against the
contracting entity (i.e., the Consultant), and not against any owner, principal, shareholder, officer, director or
employee of Consultant. The Client expressly waives any applicable statute or regulation to the contrary.
Dispute Resolution: In an effort to resolve any conflicts or disputes that arise regarding the performance of this
agreement, the Client & Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a
mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties
mutually agree otherwise, such mediation shall be a pre-condition to the initiation of any litigation. If the parties
do not resolve a dispute through mediation pursuant to this section, the method of binding dispute resolution shall
be litigation in a court of competent jurisdiction. The laws of the State where the Project is located shall govern the
validity of this Agreement, its interpretation and performance. The parties further agree to include a similar
BKF Engineers
Pumpkin Fiesta Phase 1 - Storm Drain Junction and Tie-in Structures
September 13, 2022 – Revised September 28, 2022
Page 6 of 7
Dispute Resolution provision in their agreements with other independent contractors & consultants retained for
the project and require them to similarly agree to these Dispute Resolution procedures.
Standard of Care: Services provided by Consultant under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same profession currently
practicing in a similar locality under the same or similar circumstances. Consultant makes no other representation
or warranty, expressed or implied, as to Consultant’s designs, engineering, recommendations, plans, specifications,
calculations, and professional services. Client understands and agrees that neither Consultant nor any of
Consultant’s subconsultants owe any fiduciary responsibility to the Client.
Termination/Suspension: This Agreement may be terminated by either party upon 30 days’ advance written
notice of the termination date. In such event, the Client shall pay Consultant compensation for professional
services and reimbursable expenses up to and including said termination date, plus all expenses directly
attributable to termination for which Consultant is not otherwise compensated, in accordance with this Agreement.
If the Client fails to make payments to Consultant in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for suspension of services or termination. If the Project or
Consultant’s services are suspended for more than 90 consecutive days, Consultant may terminate this Agreement
by giving not less than seven days' written notice. Consultant reserves the right to retain possession of all
documents until full payment for services performed has been received. Consultant shall not be held liable for any
damages as a result of such suspension of services, withholding of documents, or termination.
Field Observation: Consultant shall have access to the Project site and access to the work in progress, wherever
located, at reasonable hours and shall be permitted to photograph the Project during construction and upon
completion for its records and future use. Consultant shall not be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of the construction work. Such observations shall not be relied
upon by others as acceptance of the work, nor construed to relieve the Contractor from its obligations and
responsibilities under the construction contract. Consultant shall not have control over and shall not be
responsible for (a) construction means, methods, techniques, sequences or procedures, (b) safety precautions and
programs in connection with the work, (c) construction schedule compliance or budget adherence, (d) Contractor's
failure to carry out the work in accordance with the Contract Documents, or (e) acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing portions of the work, since these
are solely the Contractor's responsibility under the contract for construction.
Integration: The Agreement, together with these Standard Professional Agreement Terms and Conditions, and any
Attachments and Exhibits expressly identified in the Agreement, constitutes the entire and integrated agreement
between Client and Consultant and supersedes all prior negotiations, representations, understandings, or
agreements, written or oral. In the event of a conflict between any provision of these Standard Professional
Agreement Terms and Conditions and the Agreement and/or its Attachments and Exhibits, these Standard
Professional Agreement Terms and Conditions shall control. This Agreement may only be amended, supplemented,
modified, or canceled by a duly executed written instrument signed by both the Client and Consultant.
Delegated Design: If professional design services or certifications by a design professional related to systems,
materials, or equipment are specifically required of the Contractor by the Consultant’s Contract Documents, the
Consultant will specify performance and design criteria that such services must satisfy. Client’s construction
contract will require the Contractor to cause such services or certifications to be provided by an appropriately
licensed design professional, whose signature and Professional Engineering seal shall appear on all drawings,
calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop
Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by
others, shall bear such professional’s written approval when submitted to the Consultant. The Client and the
Consultant shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals
performed or provided by such design professionals. The Consultant will review and take appropriate action on
submittals only for the limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents.
BKF Engineers
Pumpkin Fiesta Phase 1 - Storm Drain Junction and Tie-in Structures
September 13, 2022 – Revised September 28, 2022
Page 7 of 7
2022 CHARGE RATE SCHEDULE
Principal 260.00/hr
Associate 230.00
Construction Manager 220.00
Engineering Manager 205.00
Structural Observer 205.00
Assistant Structural Observer 195.00
Project Administrator 170.00
Senior Engineer 185.00
Project Engineer 170.00
Staff Engineer 160.00
Structural Designer II 150.00
Structural Designer I 140.00
Junior Engineer 120.00
Senior Computer Drafter 140.00
Computer Drafter 130.00
Junior Computer Drafter 120.00
Accounting Assistant 130.00
Marketing Coordinator 115.00
Administrative Assistant II 115.00
Administrative Assistant I 105.00
Expert Witness Services 500.00
Subconsultants Cost Plus 10%
Expenses Cost Plus 15%
CADD Services
Plots/Prints on Bond $1.50/sq. ft.
Mylar Plots $3.00/sq. ft.
Copies $0.05 per b/w copy
$1.00 per color copy
Charge Rates Applicable January 1, 2022 through December 31, 2022
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
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HARTFORD INSURANCE COMPANY 38288
XL Specialty Insurance Company 37885
633286713
A X 1,000,000
X 1,000,000
15,000
1,000,000
2,000,000
X
Y Y 7034315572 9/1/2022 9/1/2023
2,000,000
B 1,000,000
X
Y Y 7034315569 9/1/2022 9/1/2023
C X X 5,000,000Y70343156199/1/2022Y 9/1/2023
5,000,000
D X
N
Y 72WEOK8H0Z 9/1/2022 9/1/2023
1,000,000
1,000,000
1,000,000
E Professional Liability
Includes Pollution Liability DPR5001534 9/1/2022 9/1/2023 Per Claim
Annual Aggregate
$5,000,000
$7,000,000
Umbrella/Excess Liability policy is follow-form to underlying General Liability/Auto Liability/Employer's Liability.
RE:Pumpkin-Fiesta Storm Drain Phase 1.The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as
Additional Insured for General and Auto Liability as required by written contract or agreement.General Liability Insurance is primary and non-contributory per
policy form.A Waiver of Subrogation applies per the attached endorsement(s).Professional Liability Retroactive Date:01/01/1916.30 Days Notice of
Cancellation.
30 Days Notice of Cancellation
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows.If any other endorsement attached to this policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such provision,and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1.Additional Insureds
2.Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance
3.Additional Insured –Extended Coverage
4.Boats
5.Bodily Injury –Expanded Definition
6.Broad Knowledge of Occurrence/Notice of Occurrence
7.Broad Named Insured
8.Contractual Liability –Railroads
9.Estates,Legal Representatives and Spouses
10.Expected Or Intended Injury –Exception for Reasonable Force
11.General Aggregate Limits of Insurance –Per Location
12.In Rem Actions
13.Incidental Health Care Malpractice Coverage
14.Joint Ventures/Partnership/Limited Liability Companies
15.Legal Liability –Damage To Premises
16.Liquor Liability
17.Medical Payments
18.Non-owned Aircraft Coverage
19.Non-owned Watercraft
20.Personal And Advertising Injury –Discrimination or Humiliation
21.Personal And Advertising Injury -Contractual Liability
22.Property Damage –Elevators
23.Retired Partners,Members,Directors And Employees
24.Supplementary Payments
25.Unintentional Failure To Disclose Hazards
26.Waiver of Subrogation –Blanket
27.Wrap-Up Extension:OCIP,CCIP or Consolidated (Wrap-Up)Insurance Programs
7034315572CNA74858XX(1-15)Policy No:
6Page1of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
1.ADDITIONAL INSUREDS
a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A.through I.below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement,provided such contract or agreement:
(1)is currently in effect or becomes effective during the term of this Coverage Part;and
(2)was executed prior to:
(a)the bodily injury or property damage;or
(b)the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer
will not provide such additional insured with:
(1)a higher limit of insurance than required by such contract or agreement;or
(2)coverage broader than required by such contract or agreement,and in no event broader than that described
by the applicable paragraph A.through I.below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A.Controlling Interest
Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or
organization's liability for bodily injury,property damage or personal and advertising injury arising out of:
1.such person or organization's financial control of a Named Insured;or
2.premises such person or organization owns,maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or
demolition operations performed by,on behalf of,or for such additional insured.
B.Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect
to such co-owner's liability for bodily injury,property damage or personal and advertising injury as co-owner
of such premises.
C.Engineers,Architects or Surveyors Engaged By You
An architect,engineer or surveyor engaged by the Named Insured,but only with respect to liability for bodily
injury,property damage or personal and advertising injury caused in whole or in part by the Named Insured's
acts or omissions,or the acts or omissions of those acting on the Named Insured's behalf:
a.in connection with the Named Insured's premises;or
b.in the performance of the Named Insured's ongoing operations.
But the coverage hereby granted to such additional insureds does not apply to bodily injury,property damage
or personal and advertising injury arising out of the rendering of or failure to render any professional services
by,on behalf of,or for the Named Insured,including but not limited to:
7034315572CNA74858XX(1-15)Policy No:
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VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
1.the preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;or
2.supervisory,inspection,architectural or engineering activities.
D.Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for
bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named
Insured's maintenance,operation or use of such equipment,provided that the occurrence giving rise to such
bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
E.Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use
of such land,provided that the occurrence giving rise to such bodily injury,property damage or the offense
giving rise to such personal and advertising injury takes place prior to the termination of such lease.The
coverage granted by this paragraph does not apply to structural alterations,new construction or demolition
operations performed by,on behalf of,or for such additional insured.
F.Lessor of Premises
An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager,but
only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of
the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that
the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal
and advertising injury,takes place prior to the termination of such lease.The coverage granted by this
paragraph does not apply to structural alterations,new construction or demolition operations performed by,on
behalf of,or for such additional insured.
G.Mortgagee,Assignee or Receiver
A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver's
liability for bodily injury,property damage or personal and advertising injury arising out of the Named
Insured's ownership,maintenance,or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition
operations performed by,on behalf of,or for such additional insured.
H.State or Governmental Agency or Subdivision or Political Subdivisions –Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but
only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily
injury,property damage or personal and advertising injury arising out of:
1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which
this insurance applies:
a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,
canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk
vaults,street banners,or decorations and similar exposures;or
b.the construction,erection,or removal of elevators;or
c.the ownership,maintenance or use of any elevators covered by this insurance;or
7034315572CNA74858XX(1-15)Policy No:
6Page3of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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2
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4
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
2.the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a.Bodily injury,property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision;or
b.Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
I.Trade Show Event Lessor
1.With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured,but only
with respect to such person or organization's liability for bodily injury,property damage or personal and
advertising injury caused by:
a.the Named Insured's acts or omissions;or
b.the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products-completed operations hazard.
2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not
seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own
insurance means insurance on which the additional insured is a named insured.Otherwise,and notwithstanding
anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3.ADDITIONAL INSURED –EXTENDED COVERAGE
When an additional insured is added by this or any other endorsement attached to this Coverage Part,WHO IS AN
INSURED is amended to make the following natural persons Insureds.
If the additional insured is:
a.An individual,then his or her spouse is an Insured;
b.A partnership or joint venture,then its partners,members and their spouses are Insureds;
c.A limited liability company,then its members and managers are Insureds;or
d.An organization other than a partnership,joint venture or limited liability company,then its executive officers,
directors and shareholders are Insureds;
7034315572CNA74858XX(1-15)Policy No:
6Page4of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
but only with respect to locations and operations covered by the additional insured endorsement's provisions,and only
with respect to their respective roles within their organizations.
Please see the ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES provision of this endorsement for
additional coverage and restrictions applicable to spouses of natural person Insureds.
4.BOATS
Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft,Auto or
Watercraft:
This exclusion does not apply to:
Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the
Named Insured's inspection or surveying work.
5.BODILY INJURY –EXPANDED DEFINITION
Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury,sickness or disease.
6.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE
Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended
to add the following provisions:
A.BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence,
offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a
partner,executive officer,manager or member of a Named Insured,or to an employee designated by any of the
above to give such notice.
B.NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence,offense or claim and that failure is solely due to the Named Insured's
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part.However,
the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence,offense or claim.
7.BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following:
3.Pursuant to the limitations described in Paragraph 4.below,any organization in which a Named Insured has
management control:
a.on the effective date of this Coverage Part;or
b.by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies as a Named Insured,provided that there is no other similar liability insurance,whether primary,
contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have
7034315572CNA74858XX(1-15)Policy No:
6Page5of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a)any partnership,limited liability company or joint venture;or
(b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision,management control means:
A.owning interests representing more than 50%of the voting,appointment or designation power for the
selection of a majority of the Board of Directors of a corporation;or
B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or
sell property held by a trust.
4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above,this insurance
does not apply to:
a.bodily injury or property damage that first occurred prior to the date of management control,or that first
occurs after management control ceases;nor
b.personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to
employ.
8.CONTRACTUAL LIABILITY –RAILROADS
With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced
by the following:
Insured Contract means:
a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to a Named Insured or temporarily
occupied by a Named Insured you with permission of the owner is not an insured contract;
b.A sidetrack agreement;
c.Any easement or license agreement;
d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a
municipality;
e.An elevator maintenance agreement;
f.That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality)under which the Named
Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person
or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
Paragraph f.does not include that part of any contract or agreement:
7034315572CNA74858XX(1-15)Policy No:
6Page6of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
(1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of:
(a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys,
field orders,change orders or drawings and specifications;or
(b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or
damage;
(2)Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services,including those listed in (1)
above and supervisory,inspection,architectural or engineering activities.
9.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES
The estates,executors,heirs,legal representatives,administrators,trustees,beneficiaries and spouses of any
natural person Insured or living trust shall also be insured under this policy;provided,however,coverage is afforded
to such estates,executors,heirs,legal representatives,administrators,trustees,beneficiaries and spouses only for
claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks
damages from marital community property,jointly held property or property transferred from such natural person
Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal
representative,or spouse outside the scope of such person's capacity or status as such,provided,however,that the
spouse of a natural person Named Insured,and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named
Insured's business.
10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE
Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION
A.A separate Location General Aggregate Limit,equal to the amount of the General Aggregate Limit,is the most the
Insurer will pay for the sum of:
1.All damages under Coverage A,except damages because of bodily injury or property damage included in
the products-completed operations hazard;and
2.All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location.
Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Location General
Aggregate Limit of any other location.
B.All:
1.Damages under Coverage B,regardless of the number of locations involved;
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VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
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Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing
operations at a single location,except damages because of bodily injury or property damage included in
the products-completed operations hazard;and
3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single location,
will reduce the General Aggregate Limit shown in the Declarations.
C.For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE -PER LOCATION Provision,
"location"means:
1.a premises the Named Insured owns or rents;or
2.a premises not owned or rented by any Named Insured at which the Named Insured is performing
operations pursuant to a contract or written agreement.If operations at such a location have been
discontinued and then restarted,or if the authorized parties deviate from plans,blueprints,designs,
specifications or timetables,the location will still be deemed to be the same location.
For the purpose of determining the applicable aggregate limit of insurance,premises involving the same or
connecting lots,or premises whose connection is interrupted only by a street,roadway,waterway or right-of-way
of a railroad shall be considered a single location.
D.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for
Medical Expense continue to apply,but will be subject to either the Location General Aggregate Limit or the
General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at
a particular location.
E.When coverage for liability arising out of the products-completed operations hazard is provided,any payments
for damages because of bodily injury or property damage included in the products-completed operations
hazard,regardless of the number of locations involved,will reduce the Products-Completed Operations
Aggregate Limit shown in the Declarations.
F.The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF
INSURANCE -PER LOCATION Provision shall continue to apply as stipulated.
12.IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for
the Named Insured,will be treated in the same manner as though the action were in personam against the Named
Insured.
13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the Insuring Agreement is
amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following:
b.This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured's primary business purpose,and only if:
(1)such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2)the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will
be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence;
and
7034315572CNA74858XX(1-15)Policy No:
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VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
B.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled
Exclusions is amended to:
i.add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii.delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement,including but not
limited to express warranties or guarantees.
iii.to add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination,humiliation or harassment,including but not be limited to claims based
on an individual's race,creed,color,age,gender,national origin,religion,disability,marital status or sexual
orientation.
Dishonesty or Crime
Any actual or alleged dishonest,criminal or malicious act,error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state
or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C.DEFINITIONS is amended to:
i.add the following definitions:
Health care incident means an act,error or omission by the Named Insured's employees or volunteer
workers in the rendering of:
a.professional health care services on behalf of the Named Insured or
b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages,medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a.Physician;
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VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
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CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
b.Nurse;
c.Nurse practitioner;
d.Emergency medical technician;
e.Paramedic;
f.Dentist;
g.Physical therapist;
h.Psychologist;
i.Speech therapist;
j.Other allied health professional;or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing.
ii.delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any
common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a
single occurrence;
iii.amend the definition of Insured to:
a.add the following:
the Named Insured's employees are Insureds with respect to:
(1)bodily injury to a co-employee while in the course of the co-employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business;and
(2)bodily injury to a volunteer worker while performing duties related to the conduct of the
Named Insured's business;
when such bodily injury arises out of a health care incident.
the Named Insured's volunteer workers are Insureds with respect to:
(1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the
Named Insured's business;and
(2)bodily injury to an employee while in the course of the employee's employment by the Named
Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident.
b.delete Subparagraphs (a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED.
D.The Other Insurance condition is amended to delete Paragraph b.(1)in its entirety and replace it with the
following:
Other Insurance
7034315572CNA74858XX(1-15)Policy No:
6Page10of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
b.Excess Insurance
(1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer
instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased
specifically by the Named Insured to be excess of this coverage.
14.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES
A.Past Joint Ventures,Partnerships,Limited Liability Companies
The following is added to WHO IS AN INSURED:
If the Named Insured was a joint venturer,partner,or member of a limited liability company and such joint
venture,partnership or limited liability company terminated prior to or during the policy period,such Named
Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but
only to the extent that:
a.any offense giving rise to personal and advertising injury occurred prior to such termination date,and the
personal and advertising injury arising out of such offense,first occurred after such termination date;
b.the bodily injury or property damage first occurred after such termination date;and
c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture
or limited liability company.
If the joint venture,partnership or limited liability company is or was insured under a consolidated (wrap-up)
insurance program,then such insurance will always be considered valid and collectible for the purpose of
paragraph c.above.But this provision will not serve to exclude bodily injury,property damage or personal and
advertising injury that would otherwise be covered under the Architects,Engineers And Surveyors General
Liability Extension Endorsement provision entitled WRAP-UP EXTENSION:OCIP,CCIP,OR
CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS.Please see that provision for the definition of
consolidated (wrap-up)insurance program.
B.Participation In Current Professional Joint Ventures
The following is added to WHO IS AN INSURED:
The Named Insured is also an Insured for participation in a current joint venture that is not named on the
Declarations,but only if such joint venture meets all of the following criteria:
a.Each and every one of the Named Insured's co-venturers are architectural,engineering or surveying firms
only;and
b.There is no other valid and collectible insurance purchased specifically to insure the joint venture.
However,the Named Insured is an Insured only for the conduct of such Named Insured's business within such
a joint venture.The Named Insured is not insured for liability arising out of the acts or omissions of other co-
venturers,nor of their partners,members or employees.
C.WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
Except as provided under this Architects,Engineers And Surveyors General Liability Extension
Endorsement or by the attachment of another endorsement (if any),no person or organization is an Insured with
respect to the conduct of any current or past partnership,joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
7034315572CNA74858XX(1-15)Policy No:
6Page11of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
00
0
2
0
0
0
7
2
7
0
3
4
3
1
5
5
7
2
9
2
3
8
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
15.LEGAL LIABILITY –DAMAGE TO PREMISES /ALIENATED PREMISES /PROPERTY IN THE NAMED
INSURED'S CARE,CUSTODY OR CONTROL
A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
j.Damage to Property
Property damage to:
(1)Property the Named Insured owns,rents,or occupies,including any costs or expenses incurred by you,
or any other person,organization or entity,for repair,replacement,enhancement,restoration or
maintenance of such property for any reason,including prevention of injury to a person or damage to
another's property;
(2)Premises the Named Insured sells,gives away or abandons,if the property damage arises out of any
part of those premises;
(3)Property loaned to the Named Insured;
(4)Personal property in the care,custody or control of the Insured;
(5)That particular part of real property on which the Named Insured or any contractors or subcontractors
working directly or indirectly on the Named Insured's behalf are performing operations,if the property
damage arises out of those operations;or
(6)That particular part of any property that must be restored,repaired or replaced because your work was
incorrectly performed on it.
Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to
premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of
the owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer
consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described
in LIMITS OF INSURANCE.
Paragraph (2)of this exclusion does not apply if the premises are your work.
Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph (6)of this exclusion does not apply to property damage included in the products-completed
operations hazard.
Paragraphs (3)and (4)of this exclusion do not apply to property damage to:
i.tools,or equipment the Named Insured borrows from others,nor
ii.other personal property of others in the Named Insured's care,custody or control while being used in the
Named Insured's operations away from any Named Insured's premises.
However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to:
a.property at a job site awaiting or during such property's installation,fabrication,or erection;
b.property that is mobile equipment leased by an Insured;
7034315572CNA74858XX(1-15)Policy No:
6Page12of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
c.property that is an auto,aircraft or watercraft;
d.property in transit;or
e.any portion of property damage for which the Insured has available other valid and collectible
insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its
exclusions.
A separate limit of insurance and deductible apply to such property of others.See LIMITS OF INSURANCE
as amended below.
B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C.The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5.above,$25,000 is the most the Insurer will pay under Coverage A for damages arising out of any
one occurrence because of the sum of all property damage to borrowed tools or equipment,and to other
personal property of others in the Named Insured's care,custody or control,while being used in the Named
Insured's operations away from any Named Insured's premises.The Insurer's obligation to pay such property
damage does not apply until the amount of such property damage exceeds $1,000.The Insurer has the right but
not the duty to pay any portion of this $1,000 in order to effect settlement.If the Insurer exercises that right,the
Named Insured will promptly reimburse the Insurer for any such amount.
D.Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by
the following:
6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit
is the most the Insurer will pay under Coverage A for damages because of property damage to any one
premises while rented to the Named Insured or temporarily occupied by the Named Insured with the
permission of the owner,including contents of such premises rented to the Named Insured for a period of 7
or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of:
a.$500,000;or
b.The Damage To Premises Rented To You Limit shown in the Declarations.
E.Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following:
(ii)That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by
the Named Insured with the permission of the owner;or for personal property of others in the Named
Insured's care,custody or control;
16.LIQUOR LIABILITY
Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
7034315572CNA74858XX(1-15)Policy No:
6Page13of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
00
0
2
0
0
0
7
2
7
0
3
4
3
1
5
5
7
2
9
2
3
9
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
17.MEDICAL PAYMENTS
A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the
following:
7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the
Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one
person.The Medical Expense Limit is the greater of:
(1)$15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or
(2)the amount shown in the Declarations for Medical Expense Limit.
B.Under COVERAGES,the Insuring Agreement of Coverage C –Medical Payments is amended to replace
Paragraph 1.a.(3)(b)with the following:
(b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and
18.NON-OWNED AIRCRAFT
Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended as follows:
The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured,provided that:
1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada,designating that person as a commercial or airline transport pilot;
2.the aircraft is rented with a trained,paid crew to the Named Insured;and
3.the aircraft is not being used to carry persons or property for a charge.
19.NON-OWNED WATERCRAFT
Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended to delete subparagraph (2)of the exclusion entitled Aircraft,Auto or Watercraft,and
replace it with the following.
This exclusion does not apply to:
(2)a watercraft that is not owned by any Named Insured,provided the watercraft is:
(a)less than 75 feet long;and
(b)not being used to carry persons or property for a charge.
20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION
A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled
Exclusions is amended to:
1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
7034315572CNA74858XX(1-15)Policy No:
6Page14of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but
only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a)the Named Insured;or
(b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a
limited liability company)of the Named Insured.
2.add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
discrimination or humiliation directly or indirectly related to the employment,prospective employment,past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental,
lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured.
Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from
Provision 1.ADDITIONAL INSURED of this endorsement;or
attachment of an additional insured endorsement to this Coverage Part.
21.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY
A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -LIMITED
CONTRACTUAL LIABILITY provision,the following changes are made to the section entitled
SUPPLEMENTARY PAYMENTS –COVERAGES A AND B:
1.Paragraph 2.d.is replaced by the following:
d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following:
So long as the above conditions are met,attorney's fees incurred by the Insurer in the defense of that
indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred
7034315572CNA74858XX(1-15)Policy No:
6Page15of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
00
0
2
0
0
0
7
2
7
0
3
4
3
1
5
5
7
2
9
2
4
0
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed
to be damages for personal and advertising injury and will not reduce the limits of insurance.
C.This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply
if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this
Coverage Part.
This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22.PROPERTY DAMAGE –ELEVATORS
A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3),(4)and (6)of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23.RETIRED PARTNERS,MEMBERS,DIRECTORS AND EMPLOYEES
WHO IS INSURED is amended to include as Insureds natural persons who are retired partners,members,directors
or employees,but only for bodily injury,property damage or personal and advertising injury that results from
services performed for the Named Insured under the Named Insured's direct supervision.All limitations that apply to
employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision.
24.SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows:
A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit;and
B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000.limit.
25.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure.
26.WAIVER OF SUBROGATION -BLANKET
Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1.the Named Insured's ongoing operations;or
2.your work included in the products-completed operations hazard.
However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement,and only if such contract or agreement:
7034315572CNA74858XX(1-15)Policy No:
6Page16of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
1.is in effect or becomes effective during the term of this Coverage Part;and
2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the
claim.
27.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS
Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any
construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance
Programs (C.C.I.P.)is attached,then the following changes apply:
A.The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was
involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of:
1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's
ongoing operations at the project,or during such operations of anyone acting on the Named Insured's
behalf;nor
2.Bodily injury or property damage included within the products-completed operations hazard that arises
out of those portions of the project that are not residential structures.
B.Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available
to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up)
insurance program,but only as respects the Named Insured's involvement in that consolidated (wrap-up)
insurance program.
C.DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the
prime contractor/project manager or owner of the construction project has secured general liability insurance
covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled
Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30%or more of the square foot area is used or is intended to
be used for human residency,including but not limited to:
1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit
developments;and
2.the common areas and structures appurtenant to the structures in paragraph 1.(including pools,hot tubs,
detached garages,guest houses or any similar structures).
However,when there is no individual ownership of units,residential structure does not include military housing,
college/university housing or dormitories,long term care facilities,hotels or motels.Residential structure also
does not include hospitals or prisons.
7034315572CNA74858XX(1-15)Policy No:
6Page17of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
00
0
2
0
0
0
7
2
7
0
3
4
3
1
5
5
7
2
9
2
4
1
CNA PARAMOUNT
Architects,Engineers and Surveyors General Liability
Extension Endorsement
This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Provision
does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
7034315572CNA74858XX(1-15)Policy No:
6Page18of18EndorsementNo:
VALLEY FORGE INSURANCE COMPANY 09/01/2022EffectiveDate:
BKF ENGINEERSInsuredName:
Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Business Auto Policy
Policy Endorsement
ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN
AGREEMENT TO NAME AS AN ADDITIONAL INSURED.
1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the
person or organization scheduled above is an insured under this policy.
2.The insurance afforded to the additional insured under this policy will apply on a primary and
non-contributory basis if you have committed it to be so in a written contract or written agreement
executed prior to the date of the “accident” for which the additional insured seeks coverage under this
policy.
All other terms and conditions of the policy remain unchanged
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective
date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
BUA 7034315569
Endorsement No: 12; Page: 1 of 1 Policy Page: 70 of 226
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606
Form No: CNA71527XX (10-2012)
Endorsement Effective Date:
Policy No:
Policy Effective Date: 09/01/2022Endorsement Expiration Date:
© Copyright CNA All Rights Reserved.
Business Auto Policy
Policy Endorsement
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN
CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT
REQUIREMENT PRIOR TO LOSS.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or
organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"
or the "loss" under a contract with that person or organization.
Policy No:
Policy Effective Date:
Form No: CA 04 44 10 13
© Copyright Insurance Services Office, Inc., 2011
BKF Engineers
09/01/2022
7034315569
09/01/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights
from us
72WEOK8H0Z
09/01/2022
BKF Engineers
255 Shoreline Drive,Suite 200
Redwood City,CA 94065-1428
09/01/2023
Pumpkin Drive and Fiesta Lane Storm Drain - Ph 1
1 of 11
Design Professional Agr (Single) / October 2021
DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE)
WITH BKF ENGINEERS
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and BKF Engineers (“Consultant”), a Corporation for Pumpkin Drive and Fiesta Lane Storm Drain -
Ph 1 (“Project”), and is effective on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set
forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further
specified in Consultant’s written Proposal as approved by City, except for any provision in the
Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as
otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance
with any applicable local, State, or Federal order regarding COVID-19.
2.2 Additional Services. City may request at any time during the Contract Time that Consultant
provide additional services for the Project, which are not already encompassed, expressly or implicitly,
in the Agreement, the Scope of Services, or the Proposal (“Additional Services”). Additional Services
must be authorized in writing by City and Consultant will not be paid for unauthorized Additional
Services rendered. Additional Services are subject to all the provisions applicable to Basic Services,
except and only to the extent otherwise specified by City in writing.
All references to “Services” in the Agreement include Basic Services and Additional Services, unless
otherwise stated in writing. The Services may be divided into separate sequential tasks, as further
specified in this Agreement, the Scope of Services, and Consultant’s Proposal.
Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must
promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or
mitigate any delay, liability, and costs resulting from its errors or omissions.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2022, unless
terminated earlier as provided herein (“Contract Time”). The City’s appropriate department head 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 Exhibit
B, Schedule of Performance, attached and incorporated here. 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
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work on each separate task upon receiving City’s Notice to Proceed (“NTP”), and must complete each
task within the time specified in Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient
time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic
Services and Additional Services, if approved, a cumulative total amount that will be capped so as not
to exceed $116,700.00 (“Contract Price”), as specified in Exhibit C, Compensation, attached and
incorporated here. The Contract Price includes all expenses and reimbursements and will remain in
place even if Consultant’s actual costs exceed the capped amount. No extra work or payment is
permitted in excess of the Contract Price.
4.2 Basic Services. City will pay Consultant $82,600.00 (“Lump Sum Price”) for the complete
and satisfactory performance of the Basic Services in accordance with Exhibit C. The Lump Sum Price
is inclusive of all time and expenses, including, but not limited to, sub-Consultants’ costs, materials,
supplies, equipment, travel, taxes, overhead, and profit. If the Basic Services are not fully completed,
Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage
of Basic Services that were completed to City’s reasonable satisfaction.
4.3 Additional Services. City has the discretion, but not the obligation, to authorize Additional
Services up to an amount not to exceed $34,100.00 Additional Services provided to City’s reasonable
satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance
will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an
hourly basis, Consultant will be compensated for actual costs only of normal business expenses and
overhead, with no markup or surcharge (“Reimbursable Expenses”). Consultant will not be entitled to
reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City
offices or to the Project site.
4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the
Amount due for the preceding month. City will pay Consultant within thirty (30) days following
receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize
and provide subtotals for Basic Services and Additional Services, and must state the percentage of
completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any
disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is
unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts
shall be subject to the Dispute Resolution provision of this Agreement.
a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice
must also include, for each day of Services provided: (i) name and title of each person
providing Services; (ii) a succinct summary of the Services performed by each person;
(iii) the time spent per person, in thirty (30) minute increments; (iv) the hourly billing
rate or Sub- Consultant charge and payment due; and (v) an itemized list with amounts
and explanation for all permitted reimbursable expenses.
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b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the
City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract
Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses.
5. INDEPENDENT CONTRACTOR
5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture
of the City. Consultant is solely responsible for the means and methods of performing the Services
and shall exercise full control over the employment, direction, compensation and discharge of all
persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits,
worker’s compensation, retirement, or any City benefit.
5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its sub-
Consultants that they have the qualifications and skills to perform the Services in a competent and
professional manner, as exercised by design professionals performing similar services in the S an
Francisco Bay Area. Services may only be performed by qualified and experienced personnel or
subconsultants who are not employed by City and do not have any contractual relationship with City
excepting this Agreement. All Services must be performed as specified to City’s reasonable satisfaction.
5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that
they are properly licensed, registered, and/or certified to perform the Services, as required by law, and
that they have procured a valid City Business License, if required by the Cupertino Municipal Code.
5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant’s
employees and sub-Consultants whose names are included in this Agreement and incorporated
Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants 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 sub-Consultants relative to the portion of their work.
5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all
tools, materials, and equipment required to perform the Services under this Agreement.
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
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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 sub-Consultants, 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.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest
(including copyright interests) of Consultant in any product, memoranda, study, report, map, plan,
drawing, specification, data, record, document, or other information or work, in any medium, prepared
by Consultant under this Agreement (“Work Product”), 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 a third-party without prior
written approval by City
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work
Product prepared/created by Consultant and its sub-Consultants 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 sub-Consultants 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 its sub-Consultants 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
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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 four (4) years from the date of City’s final payment.
8.2 Consultant will provide City full access to Consultant’s books and records for review and
audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data,
documents, proceedings, and activities related to this Agreement. If a supplemental examination or
audit of Consultant’s records discloses non-compliance with appropriate internal financial controls, a
contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the
costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided
access to records of reimbursable expenses and the instruments of service/deliverables for review and
audit. 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 for the project under this Agreement, during the term of this
Agreement and for one (1) year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including
flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper
articles. No signs may be posted, exhibited, or displayed on or about City property, except signage
required by law or this Agreement, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law and except for losses caused by the sole or active
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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
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.
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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.
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 Consultant has submitted and City has reasonably 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 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
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Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.
Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination
by Consultant or any of its sub-Consultants 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 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 is
familiar with and agrees to abide by the City’s rules governing gifts to public 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 Ryan Do, 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’s reasonable approval, Consultant’s Project
Manager for all purposes under this Agreement will be Brian Scott, 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.
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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.
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 against City. The Agreement and obligations of the parties are subject to all valid
laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities). 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 initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other
proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party
will be entitled to reasonable attorney fees and costs. This Section 18 survives the
expiration/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 the Parties, of every kind or nature,
and supersedes any and all other agreements and understandings, either oral or written,
between them. Any modification of this Agreement will be effective only if in writing and signed by
each 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.
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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.
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 to the persons below in writing to the persons
below, and will be considered effective on the date of personal delivery, the delivery date confirmed
by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States
Mail, postage prepaid, registered or 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: Ryan Do
Email: RyanD@cupertino.org
To Consultant:
BKF Engineers
255 Shoreline Dr., Suite 200
Redwood City, CA 94065
Attention: Brian Scott
Email: BScott@BKF.com
27. EXECUTION
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant
has the right, power, and authority to enter into this Agreement and carry out all actions herein, and
that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of
Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original
and all of which, taken together, constitute a single binding instrument.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective
Date stated earlier in this Agreement.
CITY OF CUPERTINO BKF ENGINEERS
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
Brian Scott
Principal/Vice President
Nov 29, 2021
Brian Scott
Christopher D. Jensen
Nov 29, 2021
Director of Public Works
Roger Lee
Nov 29, 2021
BKF ENGINEERS
1730 N. First Street, Suite 600, San Jose, CA 95112 | 408.467.9100
BKF No. P20211865-01
November 16, 2021
Ryan Do, P.E.
Department of Public Works
City of Cupertino
10300 Torre Avenue, Cupertino, CA 95014
Transmitted Via Email: RyanD@cupertino.org
Subject: Pumpkin Fiesta Phase 1 – Construction Documents
Dear Ryan:
BKF Engineers welcomes the opportunity to submit this proposal for preparing construction documents for Phase
1 portion of the Pumpkin Fiesta storm drain system. To arrive at the estimated effort required by our office for this
project, we have provided our understanding of the project and outlined a proposed scope of services, assumptions,
and associated fee.
PROJECT UNDERSTANDING
There is currently significant flooding along Pumpkin Drive and Cranberry Drive west of the Union Pacific railroad
tracks and along November Drive and Fiesta Lane east of the Union Pacific railroad tracks. This area is near JFK
Middle School and Highway 85. Phase 1 improvements would increase the size of pipes downstream (i.e., east of
the railroad) between November Drive and Festival Drive. The storm drain improvements are identified in the City
Master Plan to lower the hydraulic grade line along the system which will allow additional peak flows to enter the
storm drain system when the system is upsized under the railroad. Phase 1 improvements include:
1) Upsizing roughly 600-ft pf 18-inch pipe to 36-inch,
2) Upsizing roughly 200-ft of 36-inch pipe to 60-inch, and,
3) Upsizing roughly 60-ft of 48-inch pipe to 72-inch.
It is proposed to upsize the storm drain system in its current alignment and flow line profile. All catch-basins
connected to the existing pipe will be disconnected and reconnected to the new pipe.
It is our understanding that the project will qualify for statutorily exempt from CEQA per Section 15282 of the CEQA
Guidelines since the storm drain line does not exceed one mile in length and would be located within existing public
right-of-way. It is therefore assumed that City will prepare and file notice of exemption.
SCOPE OF SERVICES
The following scope of work is for preparing construction documents for Phase 1 portion of the Pumpkin Fiesta
storm drain system.
TASK 1: PROJECT MANAGEMENT
This task includes project monitoring and administration, attendance in project meetings, project coordination,
defining and tracking tasks, preparation of progress schedules and quality assurance/quality control (QA/QC)
activities.
• Project Management – BKF will provide general project management and sub-consultant oversight, prepare a
detailed schedule and updates showing planned milestones and deliverables to be achieved for completion of
the project. BKF will also track the budget and issue monthly invoices.
Exhibits A, B, C
November 16, 2021
Page 2 of 7 BKF ENGINEERS
• Progress Meetings – We will schedule regular project development meetings over the phone to discuss the
status of the project, upcoming efforts, issues and other relevant information. BKF plans on scheduling/
attending up to four (4) meetings to check in on a regular basis to discuss progress and design issues constraints.
We assumed up to 1-hour for each meeting.
• QA/QC – BKF will perform QA/QC checks for each submittal in accordance with BKF’s Quality Manual prior to
submitting to the City or any other agency.
Deliverables:
»Schedule Updates
»Invoices
»Email of Meeting Minutes and Action Items
TASK 2: FIELD INVESTIGATIONS
This task includes conducting limited field surveys and geotechnical investigations to support design development.
2.1 Topographic Survey
Since the proposed storm drain will be replaced in its current alignment, an extensive topographic survey is not
needed to prepare design drawings. As such, our filed survey will be limited to the following:
- Manhole rim/invert elevations and pipe diameters for storm drain and sewer mains
- Catch-basin rim/invert elevations and pipe diameter
- Water valve rim elevation and depth of valve nut
- DigAlert 811 paint marks
- Street curb returns and up to five (5) street cross-sections between back of walks
Survey will be performed using GPS RTK on State Plane and NAVD88 datum. BKF will use 1-foot contours
generated from City aerial survey and City/County GIS property lines as background data to supplement our field
survey. Prior to dipping the storm/sewer manholes and catch-basins, BKF will coordinate with City staff to clear
debris and standing water. Since this is a residential street, it is assumed that traffic control plan, encroachment
or other permits are needed to perform field surveys. It is also assumed that boundary survey and easement
mapping is not required because the storm drain line is located entirely within existing public right-of-way.
Deliverables:
»Topographic survey map (CAD and PDF files)
2.2 Utility Investigations
Depending on the depth of storm drain, upsizing of the pipe in its current flow line profile will could potentially
be in conflict with sewer, water or other service laterals. During preliminary design under Task 3, we will identify
if there are any utilities that are perceived to be in conflict and notify City. If City is unable to gather additional
information through their coordination with internal staff and partner agencies, it is recommended to perform
utility investigation.
To minimize potholing effort, we will initially locate utilities in the field using electromagnetic field induction and
Ground Penetrating Radar (GPR). Prior to scheduling GPR survey, we will identify specific areas along the proposed
storm drain alignment where GPR is required. Doing so will minimize cost without compromising quality. BKF will
identify metallic utilities (i.e. electric, telephone, gas and water) and non-metallic utilities with visible tracer wire.
Since the actual length of GPR required cannot be determined at this time, for the purpose of budgeting, we
assumed conducting GPR survey for up to 50 feet along storm drain alignment.
November 16, 2021
Page 3 of 7 BKF ENGINEERS
2.3 Potholing (optional)
If the GPR survey identifies any utilities to be in close conflict, we will prepare to pothole the utility to accurately
locate it both horizontally and vertically. Based on GPR survey, we will develop a potholing plan for locating and
profiling existing underground utilities, and once approved by the City, will be responsible for conducting the
required potholing and site restoration. BKF will submit potholing table summary report describing all findings in
Excel format electronically. For the purpose of budgeting, BKF assumed four (4) pothole locations to a depth of
10 feet. It is assumed that an encroachment permit is not required from City to perform this work in right-of-way
and that City will provide traffic control, if needed.
Deliverables:
»GPR and pothole plan (Excel and PDF files)
»Electronic copy of pothole table summary report showing pothole identification, utility, depth of cover,
material, pavement information and other pertinent information (Excel and PDF files)
2.4 Geotechnical Review
Our sub-consultant, Haley and Aldrich, Inc. (HAI), performed a cursory review of geology maps and found that
the depth of groundwater is more than 50 feet. Given the length of the project, nature of work, anticipated depth
of groundwater, and its location in a residential neighborhood, the need for a geotechnical field boring
investigation is not expected and is therefore not included in this scope.
HAI will perform desktop review of publicly available geotechnical data and will provide geotechnical engineering
recommendations for the storm drain replacement project. The geotechnical scope includes:
·Review of readily available geotechnical and geologic reports pertaining to the project site including
California Geologic Survey (CGS) published maps and reports available on the California State Water
Resources Control Board website GeoTracker;
·Engineering analyses based on the results of field investigations presented in the CGS mapping and the
existing subsurface investigation reports (if available);
-If applicable geotechnical borings are not available from GeoTracker, we will use general properties
for the area based on geologic mapping. The geologic mapping is a broad tool than site specific
borings and will be conservative in nature.
·Preparation of one geotechnical report presenting our conclusions and recommendations regarding:
-Soil and groundwater conditions at the site;
-Site seismicity and seismic hazards including potential from seismic events;
-Foundation design criteria for the new manholes including design criteria for vertical and lateral
support of the substructures (if required);
-Uplift evaluation of the substructures and recommendations (if required);
-Temporary shoring design parameters and evaluation of the open cuts stability for the open trench
constructions;
-Flexible asphalt-concrete pavement designs;
-Site grading, including criteria for expansive soils, fill quality, and compaction; and
-Construction considerations (as appropriate).
Deliverables:
»Geotechnical Recommendations Memorandum (PDF files)
November 16, 2021
Page 4 of 7 BKF ENGINEERS
2.5 Environmental Testing (Optional)
The project site is not located in an area where there are known open environmental cases or historical property
uses that could have caused environmental impacts based on HAI cursory review of available environmental
records. As such, performing environmental testing to pre-characterize the soil for a small project such as this is
not needed in their opinion. We therefore providing this task as optional service.
HAI will advance two borings in vicinity of the work area to collect and analyze soil and groundwater samples to
provide preliminary information regarding the environmental quality of the soil and groundwater within the
planned excavation area. The work area is not adjacent to historical release sites with potential residual soil
impacts, however if the soil will be directly loaded and transported offsite or reused, then pre-characterization
may expedite this process. Prior to implementation of the field program, HAI will:
·prepare a Site-specific Health and Safety Plan;
·notify Underground Service Alert of Northern California to located underground utilities within public
right-of-way areas; and,
·subcontract with a private utility locator to identify underground utilities in the immediate vicinity of the
proposed boring location(s).
An exploratory boring permit will not be obtained as it is not required by the Santa Clara Valley Water District
(SCVWD) for exploratory borings less than 45 feet bgs. HAI will obtain drilling services from a California-
licensed driller to advance two borings using a direct push rig to approximately 15 feet bgs. One composite
soil sample and one groundwater sample will be collected and analyzed the boring, samples will be analyzed
for:
·California Code of Regulations (CCR) Title 22 metals using United States Environmental Protection Agency
(USEPA) Method 6010/7471;
·Volatile organic compounds (VOCs) and total petroleum hydrocarbons as gasoline (TPHg) using USEPA
Method 8260; and
·Total petroleum hydrocarbon as diesel (TPHd) and motor oil (TPHmo) using USEPA Method 8015.
In addition, we have assumed that up to two soil samples will require leachability analyses, both the California
Waste Extraction Test (WET)/Soluble Threshold Limit Concentration (STLC) and the Resource Conservation and
Recovery Act (RCRA) Toxicity Characteristic Leaching Procedure (TCLP), for one metal.
The analytical laboratory results will be compared against the CCR Title 22 and the RCRA regulatory thresholds
to determine if the excavated soil may require disposal as hazardous waste. In addition, these results may be
compared against the Environmental Screening Levels (ESLs) established by the San Francisco Bay Regional
Water Quality Control Board to determine if the excavated soil could potentially be reused.
Upon completion of the field exploration work, the borings will be filled to the surface with a neat cement grout
and patched to match the surrounding pavement. We’ve assumed that all samples will be submitted for
laboratory analysis and no excessive soil cuttings will be generated requiring disposal. Since this work will be in
City ROW, we understand that both fees and the requirement for an encroachment permit will be waived. We
further understand that a traffic control plan will also not be required, and that cones and signs may be used.
Deliverables:
»Updated Geotechnical Recommendations Memorandum and testing results (PDF files)
TASK 3: CONSTRUCTION DOCUMENTS
BKF will develop construction documents in three design stages, i.e., 60%, 90%, and Final, to provide adequate
review and oversight. At each stage, we will meet with the City staff to discuss outstanding items, issues and
resolution.
November 16, 2021
Page 5 of 7 BKF ENGINEERS
Using the information gathered under Task 2, we will prepare and submit design drawings, specifications and
estimates at each design submittal stage for City review. The final submittal will be used be used by the City to
prepare bid package. We will use the City standard title sheet, border, general notes (if available), and details. It is
assumed that City will prepare front end boiler plate and special provisions and that BKF will prepare technical
specifications. We will use CSI format for technical specifications. We will submit one full-size hard copy (24” x 36”),
and one electronic (PDF) copy at each design submittal stage for City review. The submittal at each stage will include
the following:
A. Design Drawings
•Title sheet, general notes sheet, and existing condition survey map using data gathered under Task 2
•Site preparation and demolition plan showing existing storm drain to be removed and storm drain that
needs to be connected to proposed storm drain.
•Plan view showing the horizontal alignment in relation to the existing topographic features and existing
utilities gathered as part of Task 2.
•Profile view of the proposed pipeline showing the pipeline invert elevation’s ground profile above the
centerline of the pipeline alignment, and existing utilities (i.e., sewer mains, storm drains, gas).
•Identifying permanent utility relocations required for water, gas and communication that are confirmed
through potholing under Task 2.
•Construction details for manholes, concrete collar, trench section bedding and backfill, trench asphalt
restoration, sewer service lateral relocations, catch-basins, etc.
•California MUTCD details for temporary traffic control during construction. It is assumed that contractor
will prepare traffic control plan for City review and approval as part of construction submittals.
B. Specifications and Estimates:
•60%, 90% and Final technical specifications, bid item schedule and descriptions
•60%, 90% and Final construction cost estimate
C. Responses to the City’s review comments along with return of mark- ups
Utility service laterals that are not confirmed through potholing under Task 2 will be shown at assumed depth based
on general observed practices. The scope assumes that utility re-relocation due to change is storm drain diameter
is not required. If relocation of water or sewer service laterals is identified during design, we will prepare specification
and revocable bid items to cover utility relocations encountered during construction. It is assumed that gas, electric,
and communication relocations, if required, will be coordinated by City with respective agencies for relocation
before or during construction.
It is assumed that structural design is not needed to replace existing manholes or to tie into existing manholes and
is therefore not provided. We will used City standard details and concrete collars for manholes and tie-ins,
respectively. If needed, we will use pre-cast details to accommodate large diameter pipes that exceed City standard
details.
Deliverables:
» One full-size hardcopy (24” x 36”), and one electronic (PDF) copy of Plans
» On a USB flash drive: AutoCAD (version 2010 or higher) files for all design drawings, technical specifications in
MS Word and PDF formats, and cost estimates in MS Excel and PDF formats
TASK 4: BID AND CONSTRUCTION SUPPORT
It is our understanding that City staff or City designated construction management firm will be taking the lead
during bidding and in managing contractor during construction including responding to day-to-day construction
support activities and that our role will be limited. To that end, we have assumed a total of 40-hours for Task 4.
November 16, 2021
Page 6 of 7 BKF ENGINEERS
Task 4.1: Bid Support
BKF will provide engineering support and assist City, as required, during the bid phase of the project. Bid phase
services may include:
•Assistance with and preparation of responses to questions or clarification of aspects of the design and/or
specifications
•Preparation of conformed drawings with any addenda issued during the bid period
Deliverables:
»Formal response to inquiries to the City, either in email or memo written format
»One set of conformed plans and specifications stamped and signed, labeled “Issued for Construction”
Task 4.2: Construction Support
It is assumed that City or construction management firm will take the lead in responding and reviewing
construction schedules and updates, site observations, site inspections, quality testing, special inspections,
schedule of values and payments, coordination with stakeholders, notifications, disputes, claims, etc.,. BKF will
assist the City during construction phase by conducting the following tasks:
• Attend the pre-construction meeting and one (1) construction progress meeting.
• Review of design submittals including schedule and traffic control plans. Up to 10 submittals are budgeted.
• Respond to contractor requests for information (RFI). Up to 4 RFIs are budgeted.
• Prepare Record Drawings based upon red-lines provided by the contractor and field reviews. The Record
Drawings shall be prepared digitally, using AutoCAD. Final Record Drawings shall be submitted electronically,
in PDF and CAD format.
Deliverables:
»Submittal reviews as word or pdf files
»Response to RFIs as word or pdf files
»Record Drawings in digital format
November 16, 2021
Page 7 of 7 BKF ENGINEERS
COMPENSATION
BKF proposes to complete the base scope of work outlined for a fee, based on time and material, not to exceed
$82,600. Listed below is the breakdown of fees for each subtask.
Task BKF Labor Sub-consultants Total
Task Description
Sr.
PM TM Design
Eng.
Survey
2-Men
Crew
Utility
Locator
2-Men
Crew
HAI
(Geotechnical)
Preston
Pipeline
(Potholing) Total Fee
$218 $213 $140 $339 $345 Fee/Hr or LS $4,000
1. Project Management 40 $8,720
2. Field Investigation
2.1 Topographic Survey 2 4 16 $6,410
2.2 Utility Investigation 2 4 8 $4,542
2.3 Potholing (Optional) 4 $17,600
2.4 Geotechnical Review 2 $4,500 $5,376
2.5 Environmental Testing (Optional) $15,000 $16,500
3. Construction Documents
60% PS&E 24 40 80 $24,952
90% PS&E 16 24 60 $17,000
Final PS&E 8 12 30 $8,500
4. Bid and Construction Support 8 12 20 $7,100
Total (including optional tasks) 96 94 194 20 8 $19,500 4 $116,700
Total (excluding optional tasks) 96 94 194 20 8 $4,500 0 $82,600
These figures are based on January 1, 2021, to December 31, 2021, billing rates and may be escalated on January 1,
2022, for any incomplete portion of the work. Rate escalation will be in general conformance with the cost of living
index for the San Francisco Bay Area. Reimbursable expenses are anticipated for reproduction, mileage, express and
messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-
percent markup basis. We will notify you in advance of work on issues that are outside the scope of work, thus not
covered by this agreement.
For tasks requested by the City not defined in this Scope of Services, BKF will identify them as potential Additional
Services. We can provide a scope and fee for these items or they may be tracked separately as Additional Services
and billed on a time and materials per our attached rate schedule. Thank you for the opportunity to present this
proposal. We look forward to assisting you on this project. Please contact me at 650-482-6313 if you have any
questions regarding our scope of services.
Respectfully,
BKF Engineers
Sravan Paladugu, P.E.
Sr. Project Manager
BKF ENGINEERS
PROFESSIONAL SERVICES RATE SCHEDULE
JANUARY 1, 2021 – DECEMBER 31, 2021
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal/Vice President $251.00
Senior Associate/Vice President $225.00
Associate $219.00
Senior Project Manager | Senior Technical Manager $218.00
Project Manager | Technical Manager $213.00
Engineering Manager | Surveying Manager | Planning Manager $197.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $183.00
Project Engineer | Project Surveyor | Project Planner $160.00
Design Engineer | Staff Surveyor | Staff Planner $140.00
BIM Specialist I, II, III $140.00 - $160.00 - $183.00
Technician I, II, III, IV $133.00 - $142.00 - $155.00 - $167.00
Drafter I, II, III, IV $104.00 - $114.00 - $123.00 - $138.00
FIELD SURVEYING
Survey Party Chief $182.00
Instrumentman $157.00
Survey Chainman $117.00
Utility Locator I, II, III, IV $95.00 - $135.00 - $161.00 - $184.00
Apprentice I, II, III, IV $72.00 - $97.00 - $107.00 - $113.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $239.00
Senior Construction Administrator $207.00
Resident Engineer $154.00
Field Engineer I, II, III $140.00 - $160.00 - $183.00
ASSISTANTS
Project Assistant $88.00
Engineering Assistant | Surveying Assistant | Planning Assistant $86.00
Clerical | Administrative Assistant $74.00
Expert witness rates are available upon request.
Subject to the terms of a professional services agreement:
Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as
reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and
reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees;
insurance; transportation on public carriers; meals and lodging; and consumable materials.
Allowable mileage will be charged at the prevailing IRS rate per mile.
Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due
accounts.
Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts
1
Form Updated Sept. 2019
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 $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 Sept. 2019
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
11/18/2021
AssuredPartners Design Professionals Insurance Services,LLC
3697 Mt.Diablo Blvd.,Suite 230
Lafayette CA 94549
Nancy Ferrick
510-272-1400
nancy.ferrick@assuredpartners.com
License#:6003745 Travelers Property Casualty Company of America 25674
BKFENGI-02 The Travelers Indemnity Company of Connecticut 25682BKFEngineers
255 Shoreline Drive,Suite 200
Redwood City CA 94065-1428
Hartford Accident and Indemnity Company 22357
XL Specialty Insurance Company 37885
272488859
B X 1,000,000
X 1,000,000
X Contractual Liab 10,000
X Cross Liab/x,c,u 1,000,000
2,000,000
X
Y Y 6808J585363 9/1/2021 9/1/2022
2,000,000
B 1,000,000
X
X X
Y Y 8101S651542 9/1/2021 9/1/2022
A X X 5,000,000YCUP8J5950069/1/2021Y 9/1/2022
5,000,000
C X
N
Y 72WEOK8H0Z 9/1/2021 9/1/2022
1,000,000
1,000,000
1,000,000
D Professional Liability
Includes Pollution Liability DPR9983160 9/1/2021 9/1/2022 Per Claim
Annual Aggregate
$5,000,000
$7,000,000
Umbrella policy is follow-form to underlying General Liability/Auto Liability/Employer's Liability.
RE:Pumpkin-Fiesta Storm Drain Phase 1.The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as
Additional Insured for General and Auto Liability as required by written contract or agreement.General Liability Insurance is primary and non-contributory per
policy form.A Waiver of Subrogation applies per the attached endorsement(s).Professional Liability Retroactive Date:01/01/1916.30 Days Notice of
Cancellation.
30 Days Notice of Cancellation
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
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COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
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øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷
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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
ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®Ý±³°¿²·»ôײ½òß´´®·¹¸¬®»»®ª»¼ò п¹»ï±ºï
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.
6808J585363 11/18/2021
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COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò
̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ
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ײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò
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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.
11/18/20216808J585363
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 #6808J585363
6808J5853636808J585363
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 #6808J585363
Policy Number: 8101S651542
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A.BROAD FORM NAMED INSURED
B.BLANKET ADDITIONAL INSURED
C.EMPLOYEE HIRED AUTO
D.EMPLOYEES AS INSURED
E.SUPPLEMENTARY PAYMENTS -INCREASED
LIMITS
F.HIRED AUTO -LIMITED WORLDWIDE COV-
ERAGE -INDEMNITY BASIS
G.WAIVER OF DEDUCTIBLE -GLASS
PROVISIONS
A.BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II -COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un
til the 180th day after you acquire or form the or
ganization or the end of the policy period, which
ever is earlier.
B.BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II -COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
H.HIRED AUTO PHYSICAL DAMAGE -LOSS OF
USE -INCREASED LIMIT
I.PHYSICAL DAMAGE -TRANSPORTATION
EXPENSES -INCREASED LIMIT
J.PERSONAL PROPERTY
K.AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M.BLANKET WAIVER OF SUBROGATION
N.UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C.EMPLOYEE HIRED AUTO
1.The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II -COV
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi
ness.
2.The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV -BUSI
NESS AUTO CONDITIONS:
b.For Hired Auto Physical Damage Cover
age, the following are deemed to be cov
ered "autos" you own:
(1)Any covered "auto" you lease, hire,
rent or borrow; and
(2)Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights
from us
72WEOK8H0Z
09/01/2021
BKF Engineers
255 Shoreline Drive,Suite 200
Redwood City,CA 94065-1428
09/01/2022
BKF Engineer Amendment 1 for Pumpkin Drive
and Fiesta Lane Storm Drain - Ph 1
Final Audit Report 2022-10-05
Created:2022-10-04
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAASchMmYe20DyMFJBR9v99BqJeWBD7BnWd
"BKF Engineer Amendment 1 for Pumpkin Drive and Fiesta Lan
e Storm Drain - Ph 1" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-10-04 - 9:46:35 PM GMT- IP address: 35.229.54.2
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
2022-10-04 - 9:49:33 PM GMT
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2022-10-04 - 9:51:38 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-10-04 - 9:51:41 PM GMT
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Approval Date: 2022-10-04 - 10:28:25 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to bscott@bkf.com for signature
2022-10-04 - 10:28:28 PM GMT
Email viewed by bscott@bkf.com
2022-10-04 - 10:41:01 PM GMT- IP address: 104.28.124.111
Signer bscott@bkf.com entered name at signing as Brian Scott
2022-10-04 - 11:24:40 PM GMT- IP address: 50.209.179.1
Document e-signed by Brian Scott (bscott@bkf.com)
Signature Date: 2022-10-04 - 11:24:41 PM GMT - Time Source: server- IP address: 50.209.179.1
Document emailed to christopherj@cupertino.org for signature
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2022-10-04 - 11:55:57 PM GMT- IP address: 64.165.34.3
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-10-04 - 11:55:58 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Matthew Morley (mattm@cupertino.org) for signature
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Document e-signed by Matthew Morley (mattm@cupertino.org)
Signature Date: 2022-10-05 - 0:36:33 AM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-10-05 - 0:53:09 AM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2022-10-05 - 0:53:09 AM GMT
