08-124 SSA Landscape Architects, IncAGREEMENT
CITY OF CUI~ERTINO 0 3 2 8 0 4
10300 Torre Avenue, Cupertino, CA 95014
408-777-3200 NO.
BY THIS AGREEMENT, made and entered into this 9t" day of September, 2008, by and between the CITY
OF CUPERTINO (hereinafter referred to as CITY) and SSA Landscape Architects, Inc., 303 Potrero
Street, Suite 40-C, Santa Cruz, CA 95060, Phlone: 831-459-0455 (hereinafter referred to as
CONTRACTOR), in consideration of their mutual covenaints, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Provide landscape architectural and related civil engineering and survey services for Sterling Barnhart Park,
Project 9126, including design services and construction phase support, per the attached scope of services.
EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement:
EXHIBIT A -PROPOSAL; EXHIBIT B -RATE SCHEDULE; EXHIBIT C -INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on September 9,
2008 and shall be completed before December 31, 200£1.
COMPENSATION: For the full performance of this AgrE~ement, CITY shall pay CONTRACTOR
an amount not to exceed $82,000.00 and per the attached Exhibit A.
California Labor Code, Section '177'1 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $'1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the i;ity, its officers, agents and employees from any and all damage
and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for acts of Contractor in pertorming services described herein.
Insurance. Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject t~~ the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color,
national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent
contractor and Contractor is not authorized to bind the City to any cortracts or other obligations in executing this agreement. Contractor
certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Terry W. Greene, AIA DEPAI2TMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written aibove.
CONTRACTOR
Title ~~[~„~~Ci-
Soc. Sec. # or Tax I,D. ~ ~ -~~ ~~
reset c
CITY OF CUPERTINO
Reviewed By:
erry W. Greene, City Architect
Approved By: U ~~~
Ralph A_ Qualls Jr., Direct Public Works
EXPENDITURE DISTRIBUTION
• F2_ _ N -E E
~ 420-9'126-9300
~~
$82,000.00
rC1~.; ~, D~ .~ -a8 ~ ll~-
EXHIBIT A
SCOPE OF WORK 8~ FEE PROPOSAL
SSA Landscape Architects, Inc.
For Schematic Design through Construction F~hase Services for the
Sterling Barnhart Park Project
Working with Public Works staff of the City of Cupertino (hereinafter referred to as Client), SSA Landscape Architects, [nc.
(herein after referred to as SSA) will complete the following phases:
Phase One - Schematic Design Refinement
Phase 'lwo - Design Development
Phase Three Construction Documents
Phase Four - Bidding
Phase Five - Construction Administration
SSA will prepare plans for the implementation of the Sterling Bar~~Yiart Park Project as programmed in Option Four prepared
by hill and Associates and as described below. SSA will act as the Prime Consultant for this project and will subcontr<ut with
the following subconsultants:
Civil Engineering -Bowman and Williams
The following consultants, if necessary, will be retained by the City under separate agreements:
Geologist
Geotechnical Engineer
Hydrologist
Enviroxunental Consultant
underground Utility Location Service
Throughout the project SSA and its subconsultant team will coordinate with the consultants hired by the City as described and
limited to below.
Phase One -Schematic Design
a. Attend one design team kick-off meeting with consultant team, environmental consultant and appropriate City staff
to introduce the team and discuss the project goals and program and timelines and protocol for communication and
direction and identify standards for grading and storm drainage design and other potential conditions of approval
and identify the process for garnering approvals and exnironxnental clearances. Identify timelines, milestones and
deliverables for approvals and clearances.
b. SSA will prepare minutes from the above meeting outlining timelines, milestones, ac ion items, and submittal
package requirements.
c. Collect all existing documents from the City including reports and minutes from public meetings, design plans and
base information if available, and prepare electronic batce for site analysis and schematic design.
d. Visit site with base map from above and identify any special features, opportunities and constraints and mark with
paint or flags items that the surveyor should pick up and include in the new survey described below.
e. Coordinate with surveyor to prepare topographic and boundary survey that will include 50 foot grid of spot elevations
and/or S foot contours, pavements and improvements, trees, easements and rights-of-ways, utilities above and below
grade, and fencing.
£ Prepare cost estimate for project as designed in Option 4 including general conditions, inflation, escalation and all
soft costs.
g. Meet with City to review cost estimate and determine next steps to either adjust design in quantity or quality, identify
work that could be future phases, bid as additive alternates, or might be eligible for grant funding.
h. Based on feedback and direction from the above meetin;~ and the existing program and concept (developed by Hill
and Associates titled option /) SSA will refine the concept design based on feedback from City from the construction
cost estimate meeting in item g above and constraints aid opportunities identified from all of the above tasks.
i. Present refined schematic plan to Ciry in one meeting and collect feedback and direction on final refinements.
j. SSA will prepare minutes form the above meeting outlining action items and directives from City.
k. Make final refinements described above to schematic plan and prepare illustrative drawings for presentation to Parks
and Recreation Commission, City Council or other body as directed. Illustrative drawings will include colored plan
view and one or two section elevations.
1. SSA will develop grading and drainage concepts based on existing topographic survey and then review with civil
engineer and City staff to confirm feasibility and make adjustments as necessary to comply with requirements
identified in Task a above. Civil engineer will prepare cut and fill calculations for rough grading, and storm
drainage detention capacity requirements for a ten year storm at pre-development runoff rates.
m. Prepare updated construction cost estimates based on the refined schematic plan.
n. Present refined concept plan to City and collect feed back for incorporation in to Design Development Phase
o. After incorporation of minor modifications to the final plan as directed by the City.
Phase Two -Design Development
a. Based on direction from City and input gathered under Phase One described above, refine the final concepts and
recommendations into Design Development plans for the proposed improvements, including Uie following plans
and/or items:
1. Cover Sheet
2. Existing Conditions
3. Demolition Plans (only minor demolition as it is assumed that previous owner San Jose Water
Company will already have completed major demolition and site clearing)
~. Site Plan
5. Grading and Drainage Plan with x.pdated calculations for cut and fill and hydraulics
6. Site Cross Sections
7. Erosion Control Plan
8. Landscape and Irrigation Plan
9. Materials, Colors and Finishes Board
b. Prepare updated construction cost estimate based on Design Development Plans.
c. Coordinate with consultant team throughout the preparation of Design development Plans.
d. Meet with other utility departments to determine process for connections to water.
e. Provide up to two additional re-submittals for re-routing. These re-submittals include refining the plans per
review comments; coordination with the City Departments and other jurisdictional agencies on the
documentation required to submit complete permie applications (assumes a CEQA exemption applies).
Additional routing and re-submittal of the plans beyond the two described above will be considered an
Additional Service when issues related to the re-submittal have not been discussed or required in previous review
comments from City Departments or divisions or jurisdictional agencies.
f. Meet with City in City offices or on the park site one time during the Design Development Phase to present,
review and collaborate on ideas and collect feed baa:k on refinements to plans.
Phase Three Construction Documents
This phase begins once the design development package has been approved by the City and received necessary clearances.
Environmental clearance and permitting requirements should be identified prior to commencement of the construction
documents task.
a. Prepare construction drawings to 75% completion for review by City. Submit six (6) sets of 22" x 34" plans for
initial review by staff. 75% Construction Document:: will include:
1. Cover Sheet
2. Existing Conditions Plan
3. Site Plan
4. Site Preparation and Demolition Plan
5. Erosion Control Plan (including SV(/PPP and Air Quality & Dust Control Plans)
C. Storm Drainage Plan
7. Grading Plan
8. Layout Plan (may be combined with Materials and Finishes plan or Site Plan)
9. Materials and Finishes Plan
10. Playground Equipment Plans
11. Irrigation Plan
12. Planting Plan
13. Construction Details
14. Draft Technical Specifications in the Construction Specification Institute (CSI) format. NOTE:
City to prepare Division 0 and 1 and all special and general conditions "front end" and bid
documents portion of the project manual.
b. Meet with City to collect comments and feedback on one marked up set of plans and draft technical
specifications.
c. Per review comments, revise drawings and specifications and resubmit six (6) sets of each at 95% completion
for review by City and involved agencies.
d. Prepare updated detailed probable estimate of cons.ruction cost. The estimate will be broken down by trades or
types of work.
e. Prepare final technical specifications and assist the City in preparation of bid form. General and Special
Conditions to be prepared by the City.
f. Allow for two rounds of revisions to Construction Documents between JS% complete and 100% construction
documents based on feedback City and involved agencies .Changes required beyond the Uiird round of revision
and not related to omissions or errors in plans will be considered an Additional Service.
g. Coordinate with the SSA consultant team as well as the consultant team under contras t with the City during the
preparation of 100% Construction Documents.
h. Meet with City up to two times during the preparation of final construction documents for general coordination
issues.
i. After Ciry Departmental review of the project, meet with City to collect comments and feedback to be
incorporated into Uie final set of construction documents. Provide technical assistance for inquires during the
Building Permit process.
j. Incorporate final comments into final construction and bid documents.
k. Based on final bid ready construction documents, prepare updated construction cost estimate.
Phase Four Bidding Phase
a. Assist Ciry in advertising for bids in the legal section of no more than two newspapers, including the preparation
of notice to bidders.
b. As requested, set up P1anWe11 at San Jose Blueprint or similar venue for distribution of plan sets, specifications
and addenda to all bidders and plan rooms.
c. Attend and facilitate one pre-bid meeting on site and record all bidders in attendance and record any questions
brought up that need to be addressed by addenda.
d. Respond to written questions from bidders through the preparation and distribution of numbered addenda
through the P1anWe11 or via standard City procedures.
e. Attend bid opening and analyze and review bids with City.
f. Assist the City with review of contractor's compliance with qualification and license requirements.
g. Assist the City in determining lowest responsible bidder.
Phase Five -Construction Phase Services
a. Attend one pre-construction meeting with the City and the contractor. City will take notes on action items and
record key topics of the meeting.
b. Attend construction meetings and site visits every other week to check the progress of the project for up to 3
months. Should the project extend beyond the a11oC.ed three months (due to weather or other conditions not in
the control of SSA) additional meetings will be provided under an amendment to the original agreement or as
Additional Services.
c. Review contractor prepared meeting minutes and follow up with contractor on action items, correspond via
email, and phone.
d. Review and process project submittals and shop drawings and coordinate with other consultants on review.
e. Visit the site for observation and verification of compliance with the plans and specifications up to 4 times at key
milestones during the construction as identified dw•ing construction meetings. Should additional site visits be
required they will be provided under an amendment to the original agreement or as an Additional Service.
f. Provide plan clarification through the RFI (Request. for Information) process through written responses.
g. Coordinate construction phase services of subconsu Rant team.
h. After notification from contractor that the project is substantially complete, attend punchlist walkthrough with
subconsultant team and Client to verify completion of project in compliance with the plans and specifications.
i. Prepare written formal punchlist based on the above walkthrough and distribute to Client and contractor.
j. After notification of completion of punchlist, meet a.t the site with the City and contractor to verify completion of
the punchlist items. At the conclusion of this meeting a determination will be made whether or not the
landscape and irrigation maintenance period can bagin; if not, it will require an additional site
inspection review once uncompleted items in the punchlist have been completed and approved. 't'his additional
site inspection review is not included within this scope of work as it should be back charged to the contractor. If
it is necessary this will be billed as an Additions Service.
k. Review contractor as-built information and deliver °eviewed contractor marked up plans to the Client as well as
scanned PDF electronic files.
1. Assist the City with Notice of Completion and project. close out.
m. Conduct final acceptance walk-through at the end ~f the maintenance period and provide written report of
conditions or any warranty work that may be necessary.
Additional Services
SSA may provide additional services, as requested in advance by the Client. Additional services will be negotiated separately
based on the billing rates contained in the attached "SSA Rate Schedule". Additional services for this contract not to exceed
$1,230 and must be authorized in writing by the Client prior to the commencement of work. Additional services may include,
but are not limited to:
1. Revisions based on inconsistent direction, data or approvals previously provided by the Client
2. Unforeseen changes in the scope of work, design program, budget, or schedule
3- Attendance at any meetings not listed above
4. Construction phase management and documentation
5. Stmctural engineering and architecture services should apre-fabricated restroom building not be utilized.
6. Any other service not described within this scope of work.
Fee Proposal
The fees for the above scope of work tasks are as follows
Phase One -Schematic Design $~ 1 ,695.00
Phase Two -Design Development $9,1 50.00
Phase Three Construction Documents $30,315.00
Phase Four -Bidding $3,060.00
Phase Five -Construction Phase Services $12,240.00
Surveyor & Civil Engineer $12,650.00
Reimbursable Expense Allowance $1 ,650.00
Additional Services Allowance $1 ,230.00
Total Proposed Fees Phases One -Five $82,000.00
These services are proposed to be provided on a not to exceed hourly basis based on the hours and rates on the attached
estimated fee spreadsheet. Fees will be billed monthly based on the actual effort in each task. Should it be determined that
some tasks are not required or do not require the estimated effort, fees for that phase or task may be used for other tasks in
other phases that require more effort than estimated.
Services to be Provided by the City
1. Procurement of services of consultants listed under project understanding to be contracted directly with the City.
'2. City review, comment and directives as requested by SSA
3. Location of utilities and irrigation equipment not Iccated or identified by the Underground Service Alert.
4. Coordination and administration of reviews and approvals by internal and external jurisdictional agencies.
~D,~~.~`~ L A N D S C A P E
RATE SCHEDULE -Exhibit B
STANDARD BILLING RATES
Effective through December 2008
PROFESSIONAL SERVICES
A R C H I T E C T S I N C
Principal Landscape Architect $~ 84.00 /Hour
Associate $70.00 /Hour
Project Manager $45.00 /Hour
Biologist $350.00 /Hour
Landscape Architect $22.00 /Hour
AutoCAD Technician $~ 02.00 /Hour
Staff Clerical, Administrative $95.00 /Hour
Expert Witness (Preparation) $470.00 /Hour
Expert Witness (meetings and hearings) $595.00 /Hour
REIMBURSABLE EXPENSES
Subconsultants Direct Billing x ~.~0
In-House Ofifice Services: As listed below x ~ .~ O
Plotting: Transparencies:
Color Bond $4.85/sf C~~lor $4.00/each
Black & White Bond $3_~O/sf Black and White $3.00/each
Vellum $4.45/sf
Mylar $ ~ 0.10/sf
Color Laser Prints: Blueprints:
8.5 x ~ ~ $.55/each 2~F x 36 $2.20/each
7 7 x 17 $.90/each 30 x 42 $2.80/each
Black & White Laser Prints: CD Media:
8.5 x ~ ~ $.12/each CDR $6.00/each
17 x 17 $.20/each CDRW $8.50/each
Outside Reimbursable Expenses:
Reproduction, photography, shipping and postage,
miscellaneous expenses Direct Cost x ~ .'10
Travel:
Within Santa Cruz, San Benito, Santa Clara,
San Mateo and Monterey Counties No Charge
Mileage outside of the above counties $.73/ mile
Other travel expenses Cost x ~ . ~ O
EXHIEi1T C
INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain for the ~~uration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, his/her
agents, representatives, employees or subcontractors. CONTRACTOR shall maintain at all times
during the performance of the Agreement the follo~nring insurance and endorsements:
A. Workers' Compensation and Employer's Liability Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one million dollars
($1,000,000.00) per accident for injury, de=ath or disease to any employee, or statutory
limits. The policy shall contain an endorsement waiving all rights of subrogation against the
City, its officers, officials, employees or volunteers.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall include coverage for bodily injury and property
damage for owned (if any), hired anc~ non-owned vehicles and shall not be less than
one million dollars ($1,000,000.00), combined single limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include coverage
for bodily injury, property damage and personal injury for premises operations,
product completed operations and contractual liability. The amount of the insurance
shall not be less than one million dollars ($1,000,000.00) per occurrence and two
million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made
policies are not acceptable.) Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional Liability Insurance (including Contractual Liability) shall include
coverage for claims for professional acts, errors or omissions and shall not be less
than one million dollars ($1,000.,000.00) per claim and one million dollars
($1,000,000.00) in the aggregate.
C. Additional Insurance Provisions
1 . The CITY shall have the right to inspect or obtain a copy of the original policies of
insurance.
2. The general and auto liability poli~~ies shall be endorsed to name the City, its
officers, officials, employees or volunteers as insureds for liability arising out of work
or operations performed by or on behalf of the Consultant including materials, parts
or equipment furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the Consultant's
insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 10 1 1 85), as a
separate Owner's and Contractor's Protective Liability Policy, or on the Entity's own
form.
3. The General, Auto, and Professional Liability policies shall be endorsed to provide
primary insurance coverage for all claims related to the services provided under this
contract.
4. CONSULTANT shall furnish to the ~~ITY within 15 days following the execution of
this Agreement, the required certificates and endorsements. The certificate of
insurance shall state the policy will not be cancelled without thirty (30) days written
notice to the CITY (or 1 O days notices for cancellation due to nonpayment).
5. All policies, endorsements, ceriificates, and/or binders shall be subject to approval
by the City Manager of the City of Cupertino as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the
City Manager or his designee.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
Verification of Coverage
CONTRACTOR shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. All ceriificates and endorsements are to be received
and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the contractor's obligation to provide them.
The City reserves the right to require complete, cerl:ified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Waiver of Subrogation
CONTRACTOR hereby grants to City a waiver of any right to subrogation which any insurer of said
CONTRACTOR may acquire against the Entity by virtue of the payment of any loss under such
insurance. This provision applies regardless of whether or not the City has requested or received
a waiver of subrogation endorsement from the insurer.
ACORO CERTIFICATE OF LIABIL171f INSURANCE oiizizo s
PRODUCER ~619~ 574-6220 FAX (619 574-6288
Insurance Office of America, Inc.
DBA IOA Insurance Servi ces THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1773 Hancock Street, Ste. 180
San Diego, CA 92110
INSURERS AFFORDING COVERAGE
NAIC #
INSURED INSURER A: Travel erS Indemnity CO Of Ct 256$2
IN3uRER B: Navigators Insurance Company
SSA Landscape Architects, Inc. IN',3URERC
303 Pot taro Street, Suite 40 C wsuRER D:
Santa Cruz, CA 95060 INSURER E.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR ECG 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI MS.
INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATON LIMITS
GENERAL LIABILITY 680-7508 L257-TCT-O8 01/31/2008 01/31/2009 EACH OCCURRENCE $ 1 OOO OO
X COMMERCIAL GENERAL LIABIL ITV DAMAGE TO RENTED $ 300, OO
CLAIMS MADE ~ OCCUR MED EXP (Any aria parson) $ S, OO
A PERSONAL & ADV INJURY $ 1 OOO OO
_ GENERAL AGGREGATE $ 2
OOO
OO
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO PRODUCTS -COMP/OP AGG ,
,
$ 2 , OOO , OO
-
POLICY X
JECT LOC
AUT OMOBILE LIABILITY 680-7508 L257-TCT-08 O1 /31 /2008 01/31/2009 COMBINED SINGLE LIMIT
$
ANY AUTO (Ea eccidenq Include
ALL OWNED AUTOS
BODILY INJURY
$
A SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY
$
X NON-OWNED AVTOS (Per accident)
PROPERTY DAMAGE
$
(Par accidenq
GARAGE LIABILT' AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC
OTHER THAN $
AUTO ONLY. AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE
OCCUR ~ CLAIMS MADE AGGREGATE $
DEDUCTIBLE
RETENTION $ $
WORKER8 COMPENSATON AND UB7112YS1-1-O8 O9 /01/2008 09/01/2009 X WC STATU- OTH-
'
' I T
A EMPLOYERS
LIABILT
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 OOO OO
OFFICER/MEMBER EXCLUDED
It
es
describe under FORM # E.L. DISEASE - EA EMPLOYEE $ 1 , OOO, OO
y
,
SPECIAL PROVISIONS below yy[ 99 0,3 76 00
E.L. DISEASE -POLICY LIMIT
$ 1 , OOO OO
Professional NY-08-EGR-532996-NV 04/7.3/2008 04/13/2009 51,000,000 Per Claim
B Liability-Architects & 53,000,000 Aggregate
En ineers 510,000 Deductible
DESCRIPTION OF ORERATIONS / LOCATION31 VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
E: Sterling Barnhart Park
ity ofCUpertino are Additional Insured as per the attached endorsement.
Waiver of Subrogation applies for WC.
~10 day notice of cancellation applies for non-payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Cupe rt i no ''° 3O DAYS WRITTEN NOTCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Terry W. Greene, AA, Publ is Works Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILTY
10300 Torre Avenue OF ANY KIND UPON THE INSURER, fiS AGENTS OR REPRESENTATrvE3.
Cupertino, CA 95014 AUTHORIZED REPRESENTATNE
7ol~n Tenuto MURPHM
ACORD 25 (200'1108) OOACORD CORPORATION 1988
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE PC)LICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGlNEE:RS AND SURVEYORS)
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This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE: PART
1. WHO IS AN INSURED (Ssction 11) is amended to
include any person or organization that you agree
in a "contract or agreement requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
a. Only with respect to liability for "bodily injury",
."property damage" or "personal injury"; and
b. If the injury or damage arises out of the per-
formance, by you or your subcontractor, of
"your work" to which the "contrail or agree-
ment requiring insurance" applies. Such per-
son or organization does not quality as an
additional insured with respell to their inde-
pendent acts or for "bodily injury", "property
damage" or "personal injury" for which that
person or organization has assumed liability
in a contract or agreement.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a_ This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part_
b. This insurance does not apply to the render-
ing of or failure to render any "professional
services".
c. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in that "contract or agree-
ment requiring insurance", or the limits shown
in the Declarations for this Coverage Part,
whichever are. less. This endorsement does
not increase. the limits of insurance stated in
the LIMITS OF fNSURANCE (Section Ill) for
this Coverage Part.
3. The following is added to Paragraph a. of 4.
OthBr Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contrail or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage 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 additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(~) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contrail or
agreement requiring insurance". But this insur-
ance. still is excess over valid and cotlec4ble other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Ua
in COMMERCIAL GENERAL LIABILITY CON-
DiT10NS (Ssction IV)=
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" pertormed by you, or on your behalf, under
a "contract or agreement requiring. insurance" with
that person or organization. We waive these
rights only where you have agreed to do So as
part of the "contrail or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed_
5. As respects the insurance provided to the addi-
tional insured by this endorsement, the following
definition is added to DEFINITIONS (Section V):
CG DS 81 09 06 ®2006, The St. Paul Travebrs Insurance Companies, tnc_ Page 1 of 2
+InGUdas copyrighted material of Insurance S~xvices Office, Inc., With lt8 permfsSlon.
oo7aa+
COMMERCIAL GENERAL LIABILITY
"contract or agreement requiring insurance"
means that part of any contrail or agreement un-
der which you are required to inGude a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
".property damage" occurs, and the ^personal in-
jury" is caused by an offense committed:
a. After you have entered into that contrail ar
agreement;
b. While that part of the contrail or agreement is
in effeil; and
c. Before the end of the policy period.
All other terms of your policy remain the same.
Page 2 of 2 ®2oDe, The St. Paul Travelers Insurance Companies, Inc. CG DS 81 OS 06
Includes copyrighted mateNal of Insurance Services Office, Inc_, wffh its permission.
TRAVELERS
WORKERS COl~?PENSATION
AND
E1~~LOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (00) - 001
POLICY NUMBEP:: ~iTB7112Y51-1-OS >
WAIVER OF OUR RIGHT TO Il2ECOVER FROM OTHERS
ENDORSEMENT -CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyorie liable for an injury covered by this policy. We
will not enforce our right against the person or organizaiaon named In the Schedule.
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 5% of the California workers' compensation
premium otherwise due on such remuneration.
City of Cupertino
Park
Schedule
Sterling Barnhart
ALL PERSONS OR ORGANIZATIONS
THAT ARE PARTIES TO A CONTRACT
THAT REQUII2E5 YOU TO OBTAIN
THIS. AGREEMENT. PROVIDED YOU
EXECUTED THE CONTRACT BEFORE
THE LOSS.
DATE OF ISSUE: 09/12/08 ST ASSIGN:
r~
t
C ..
OFFICE OF THE PUBLIC WORKS DIRECTOR
CITY HALL
70300 TORRE AVE~lUE ~ CUPERTINO, CA 950Y4-3255
C O P E RT I N O TELEPHONE: (408) 777-3354 ~ FAX: (408) 777-3333
September 22, 2008
Mr. Steve Sutherland
SSA Landscape Architects, Inc.
303 Potrero Street, Suite 40-C
Santa Cruz, CA 95060
Re: Sterling Barnhart Park, Project 9126
Dear Steve,
Enclosed is afully-executed copy of the agreement for services to design park improvements for the
Sterling-Barnhart site in Cupertino. We look forward to working with SSA Landscape Architects
and moving ahead with this project.
Sincerely,
~~~ ~~~
Gail Seeds
Enclosure
cc: T. Greene, C. Lynaugh, File 9126