07-092, Paul Olmos
'"
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NO. RftJ.K7 tJ-b
BY THIS AGREEMENT, made and entered into this _day of 2007. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name PAUL OLMOS. CONTRACTOR
Address 2049 COOLIDGE DRIVE City SANTA CLARA Zip 95051 Phone 408-985-9506
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree .as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
PROFESSIONAL SERVICES FOR CONSTRUCTION INSPECTION FOR THE MCCLELLAN RANCH FACILITIES
IMPROVEMENT PROJECT THROUGH MAY 31,2008.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ~ .ENTERED
EXHIBIT A - AUTOMOBILE INSURANCE CERTIFICATE - U
TERMS: The services and/or materials furnished under this Agreement shall commence on AUGUST 1, 2007
and shall be completedbefore MAY 31. 2008
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $87:00 PER HOUR
FOR AN AMOUNT NOT TO EXCEED $ 35,000.00
California Labor Code, Section 1771 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 City, 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 performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to 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 contracts 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 Gail Seeds. Proiect Manaaer
DEPARTMENT. Parks & Recreation
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 above.
CONTRACTOR:
CITY P\ C_lfE"RTI~:
EXHIBIT B
Insurance Requirements
Contractor shall procure and maintain for the duration 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 agents,
representatives, einplo),(ees or subcontractors.
Contractor shall maintain limits no less than:
1. General Liability: (Including products-completed operations, personal & advertising injury)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance or
other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this
project/iocation or the general aggregate iimit shall be twice the
required occurrence limit.
2. Automobile Liability:
$1,000,000 per accidentfor bodily injury and property damage.
~!(~
\J.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City
may require the Contractor to provide proof of ability to pay losses and related investigations,
claim administration, and defense .expenses within the retention. .
Other' Insurance Provisions ..
The general liability and automobile liability policies are to contain, or be endorsed to contain,
the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as
insureds with respect to liability arising out of work or operations performed by or on behalf of
the Contractor,
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
.
4. Each insurance policy.required by this clause shall'be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice (10 days
for non-payment) has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vll,
unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage, the Entity requires that coverage be
maintained for a period of 5 years after completion of the contract. . .
VerifICation of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. All certificates 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, certified 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 Ipss under such
insurance. This provision applies regardless of whether or not the City has requested or received
a waiyer. of subr()gation endorsement from the insurer.
\ ' ~
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tZl Np.JC: 19240
B
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CEIl.TlflCtoTE Of INSUll.toNCE
OA iE Of
CERi\f\CA iE: 8110101
POUC~ PERIOD'. This p<>\\C'/ IS efted\"e
01131/2001
iO
0'\13'\12008
'\2:0'\ A.M. standard iime
IR
'" 95051
\J\N#2B4HB15'l2KK349466
AGENi
PRODUCER Of RECORD
NAME Of BROKER
F\aC\(_aartlett.\nsurance
1111 W. E\ camino Rea\
suite 213
sunn'(la\e, CIA.. 94081
pH l408) 131-0111
\.ic #QC40929
t4 AAtAW"GON B150:
~ated beloW is described in the po\iC'/ as:
t..OO\,.\ON"\' \NSUREO:
clf'I' Of CUPERTlIlO. \1S OffICERS. Off~' EIAp\'o~EES.
AND VO\-UIlTEERS INsulIJ'MCE IS PI'lMi'R~ "to 'filE INsUllEO
O'iER O,.HER \NSUAANCE.
10300 ,.ORRE ,,~E
CUPER,.\NO, Ofit. 95014
JIoI"S I>lDlcATEO BELOW B~ 1'J'l.y: 11'1 T\'IE I\'lCLUDED COLUIoI>l IS ""fORD
Co'iEAAGES \.\"\,.S OF \NC\.UOEO
\.\tA\"S Of \NC\.UOEO \.\"B\\.\1"t
\.\"B\\.\1"t
\'< tZl "" PERSON"\. \NJUR'l 0
$ 1,000,000 PRO,.EC,.\ON
$ 1,000,000
IAB\U\'< tZl SUPPLEMENiA\. 0
$ 1,000,000 SiAiUiOR't' COVERAGE
0 uninsured B\ $ 100,000 Ea. per, tZl
,N A.C,V, less 500 SS underinSured Motorists $ 300,000 Ea. "cc.
o Dim. oed UM PO
o ",C.V 0 3500 ~
:.\-\ENSNE o ",C,V. \ess 500 ALL R\SK Of O\RECi PHYSiCAL
,.,. """ oed 0
$ 1,000 per pers. 0 LOSS OR OAt.AAGE
EO fOR N30'o/E DESCRIBED 'o/E\'IICLE
. po\\cY prov\deS: . .
cancel such poliCY at any tIme as provided
)l'I'IpanY shall notify the Lie~\1Older when not
:ancellation shall be effectl'le as to the
I'd the campan'/ shall have the right. on liKe
, ...--' I....... E.....-"' 01 s""" pOlIcY. '0 ..... .....-. .
he. . .. -<ed b" \he ~,-, "" ...-0"'''' 1i>b""'''''''- _..........
. ...as'" __ as $ ...00. ., . .- ~ . . P '" .j\>...-
....1IeS """ 10 "'" ..- '" ........- -"'" as """"""", ,~.' . h ~
. , oan"",_...an<\ no ._men'...-- ...".ft.l sue
~'::. ;'...- .... Ie" ('0)"'" to- \he "''''''':'' "'..- .- (10 "'"
CERTIFIS:A tE OF 1t"~URANCE
GENERAL LIAllllTY
EFFECTIVE DATE
OF CERTIFICATE
August 7, 2007
THE HARTFORD INSURANCE COMPANY
HARTFORD PLAZA, 890 ASYLUM AVE.
hereby certifies that the following Insurance Is In force:
POLICYHOLDER
POLICY NUMBER
OLMOS-1
POLICY PERIOD
8/15/2007 - 8/15/2008
PAUL OLMOS
2049 COOLIDGE
SANTA CLARA, CA. 95051
The person or organization designated below Is described In the policy as:
CITY OF CUPERTINO, IT'S OFFICERS, OFFICIALS,
EMPLOYEES, AND VOLUNTEERS.
D LIENHOLDER (Loss Payable Clause)
D ADDITIONAL INTERESTED PARTY
x ADDITIONAL INSURED
x CERTIFICATE HOLDER
Coverages designated are afforded as stated below:
$1,000,000 PER OCCURANCE, $2,000,000 GENERAL AGGREGATE LIABILITY
To the person or organization stated above:
This policy, as respects the Interest of the loss payee, additional Interested party, additional insured or certificate
holder named herein, may be canceled by the Company during the policy period by giving such person or
organization 30 days written notice at Its last address known to the company.
Proof of such mailing Is deemed sufficient proof of such notice.
This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by
the policy referred to above.
BU1380-1
PAGE 1 OF 1
CERTIFICATE OF INSURANCE
EFFECTIVE DATE
OF CERTIFICATE
August 10, 2007
ALLSTATE INSURANCE COMPANY
HOME OFFICE - NORTH BROOK, IL 60062
hereby certifies that the following insurance is in force:
POLICYHOLDER
POLICY NUMBER
POLICY PERIOD
PAUL OLMOS
2049 COOLIDGE
SANTA CLARA, CA. 95051
OLMOS-1
08/15/2007 TO 08/15/2008
The person or organization designated below is described In the policy as:
THE CITY OF CUPERTINO, IT'S OFFICERS, OFFICIALS,
EMPLOYEES, AND VOLUNTEERS.
CASTRO VALLEY
CA. 94546
D LIENHOLDER (Loss Payable Clause)
D ADDITIONAL INTERESTED PARTY
IZI ADDITIONAL INSURED
IZI CERTIFICATE HOLDER
Coverages designated are afforded as stated below:
BUSINESS LIABILITY $1,000,000 2,000,000 AGGREGRATE
THIS INSURANCE IS PRIMARY TO THE INSURED OVER OTHER INSURANCE.
To the person or organization stated above:
This policy, as respects the Interest of the loss payee, additional interested party, additional insured or certificate