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12-086 David J. Powers, 20840 McClellan Rd Subdivision and Zoning ChangeAGREEMENT BETWEEN THE CITY OF CUPERTINO AND David J. Powers FOR CONSULTANT SERVICES FOR 20840 McClellan Road Subdivision and Zoning Change THIS AGREEMENT, for reference dated July 3, 2012, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and David J. Powers & Associates, Inc (California corporation) whose address is rein after referred to as "Consultant "), and is made with reference to the foll ing: ! V, l RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cany on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on July 3rd, 2012, and shall terminate on December 31St, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount of $24,580, which is included in Exhibit A and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 110- 2211 fund. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCU Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his /her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive; liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the tern hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 11. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITION AGAINST TRANSFERS: 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 without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Consultant, at his /her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. City at: All notices, demands, requests, or approvals from Consultant to City shall be addressed to City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Gary Chao, City Planner All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: David J. Powers & Associates, Inc 18. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 19. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 20. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. 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.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 21. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 22. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 23. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 24. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms cr provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT David J. Powers & Associates, Inc By J' d ti W . S"Kle,, Title PreS-.OPM%- Date -1170 It z CITY OF CUPERTINO A Municipal Corporation By lary Chao Title, Citv Pl anne Date, Z-'t 1 Z -o (7r RECOMMENDED FOR APPROVAL: �4 � 4"/1 ?A a By_Aarti Shrivastava Title Community Development Director APPR)VE S TO FORM: By_� - City Attorney .,r) 4 p � 1 07 11 91 j /)"o /I ),- -11, ATTEST: Alt�­Clerk MIDI ` & ASSOCIATES, INC. 20840 MCCLELLAN ROAD SUBDIVISION AND ZONING CHANGE SCOPE OF SERVICES JUNE 18, 2012 The 0.96 -acre project site is located on the south side of McClellan Road between South Stelling Road and McClellan Court (APN 359- 20 -31). The project proposes to subdivide the parcel into four lots, allowing for the development of three single family homes. The fourth lot (Parcel D) is anticipated to be used as a private road. The site's existing General Plan designation is Low Density Residential. Existing zoning for the site is RI-10-Single Family Residential and would be amended to R1 -7.5, allowing for the proposed lot sizes ranging; from 8,051 to 13,075 square feet. Construction of individual residences is not proposed at this time. Two residential buildings are present on the site. A remnant orchard is located in the southern portion of the property along with two sheds. It is anticipated that these buildings and some or all trees would be removed if the site is redeveloped under the proposed subdivision and zoning change. David J. Powers and Associates (DJP &A) will prepare an Initial Study (IS) in accordance with the California Environmental Quality Act (CEQA) and City of Cupertino standards. The IS will provide an objective determination of the environmental impacts resulting from implementation of the proposed subdivision and rezoning for the project site. The project may be eligible for a Negative Declaration (ND), assuming no significant environmental impacts are identified by the Initial Study that cannot be mitigated to a less than significant leval by measures included in the project. The specific tasks included in this scope of work are outlined below. 1.0 PREPARATION OF ADMINISTRATIVE: DRAFT INITIAL STUDY 1.1 Project Description The IS will describe the proposed project based upon information provided to DJP &A by the City of Cupertino. This scope of work assumes that the City will provide DJP &A with the relevant project information on the proposed subdivision and rezoning of the project site. The IS will contain maps, photographs, tables, and other graphics to illustrate and summarize information presented in the IS. 1.2 Environmental Setting. Impacts and MitiEation Measures The IS will include an environmental checklist, consistent with the CEQA Guidelines, which will be used to identify potentially significant impacts from the residential project. For each subject area in the environmental checklist, the Initial Study will include an overview of the environmental setting within which the project is located. 20840 McClellan Road Subdivision and Zoning Change ® ®fl June 2012 mu Page 1 ®M® The IS will address in more detail all issues identified as having other than "No Impact" on the checklist. It is anticipated that the RrimM issues to be discussed will include: biological resources, cultural and historic resources, hazards and hazardous materials, hydrology and water quality, and land use. These primary issues are described below. Biological Resources The project site is a low density residential site with two residences and several sheds located at the southeastern portion of the site. Trees located at the southern portion of the site appear to consist of remnant orchard trees. The site appears to provide habitat for wildlife adapted to suburban habitats and is bordered by existing residential development. Impacts to biological resources on the site will be assessed based upon a site visit and tree survey provided by the City or project applicant. If native trees, such as oaks, or protected cedar trees are observed on the project site, the IS will identify standard mitigation measures for tree removal and protection, in accordance with the City of Cupertino's Protected Tree Ordinance. Mitigation measures will be described for significant biological resource impacts, as appropriate. Cultural and Historic Resources The project site is not located along a stream course or in an oak grove considered to be archaeologically sensitive. The potential for encountering buried archaeological resources will be addressed based upon existing information and policies in the City of Cupertino General Plan. The existing buildings on the site are over 50 years old. The Cupertino General Plan identifies Historic Sites, Commemorative Sites and Community Landmarks currently present in the City (Figure 2 -G of the Cupertino General Plan). Existing buildings on the project site at 20840 McClellan Road are not identified as historic structures and are not on a Historic Site, Commemorative Site or designated as a Community Landmarks in the City of Cupertino General Plan. The existing structures on the site would not be evaluated for potential historic architectural integrity and merit as they are not listed in the General Plan and do not appear to exhibit architectural features that have the potential to be considered of historic significance. Mitigation measures will be described for significant cultural resources impacts, as appropriate. Hazards and Hazardous Materials Due to the historic use of the project area for agricultural uses, soils may be contaminated with pesticides or heavy metals. The IS will describe the possibility for the proposed subdivision and rezoning to result in a hazardous material impact based on a Phase II Environmental Site Assessment or Soil Investigation provided to DJP &A by the City or applicant. Mitigation measures will be identified for any significant hazardous material impacts. 20840 McClellan Road Subdivision and Zoning Change W] June 2012 mom Page 2 Rion Hydrology and Water Quality The IS will describe existing hydrologic conditions in the project area and generally assess construction impacts that could result from implementation of the project based upon conceptual plans provided by the project applicant. The site is located within Zone X and is not within the 100 year floodplain for Regnart Creek. Program level mitigation measures based upon the City's Municipal Code and NPDES permit requirements will be identified to minimize significant hydrological and water quality impacts. Land Use The IS will describe existing land uses and the land use designation and zoning of the project site. The project is proposing to subdivide the site into four lots with anticipated future development of three single family homes and a private access road. In addition, the project proposes a rezoning for the site to change the existing zoning (RI-10 Single .Family Residential) to RI-7.5 Single Family Residential. Effects of the proposed subdivision and rezoning for the site will be discussed. The IS will also describe the surrounding land uses and any land use compatibility issues related to the foreseeable residential redevelopment. The IS will identify appropriate mitigation for any land use impacts found to be significant. Other Environmental Issues In addition to the issues describe above, DJP &A will address other environmental issues including aesthetics, agricultural resources, air quality, greenhouse gas emissions, mineral resources, noise, population and housing, public services, recreation, transportation, and utilities and service systems. 2.0 SUBMITTAL OF DRAFT INITIAL STUDY Upon completion of the Administrative Draft IS, DJP &A will submit an electronic copy and up to five (5) hard copies of the Administrative Draft IS to the City of Cupertino Community Development Department for review. The document will be revised in response to the continents received from the City. DJP &A will provide up to 20 copies of the Initial Study for circulation. In the event substantial comments (beyond the up to four (4) hours allocated for responses to comments) or objections to the Initial Study are received by the City, DJP &A will provide assistance to defend the Initial Study/Negative Declaration on a time and materials basis as an extra work item, upon the City's authorization. 20840 McClellan Road Subdivision and Zoning Change 01311 June 2012 110® Page 3 ME 3.0 MITIGATION MONITORING AND REPORTING PROGRAM DJP &A will prepare a draft Mitigation Monitoring and Reporting Program (MMRP) for the project. The WARP will summarize the mitigation measures identified for all significant impacts, the responsible implementation agency, the monitoring phase, and the enforcement or monitoring agency. The draft MMRP will be submitted for review and comment to the City of Cupertino. 4.0 MEETINGS AND COORDINATION This scope of work does not include DJP &A attendance at meetings. DJP &A can attend meetings with the project team or public hearings on a time and materials basis, upon your request and authorization. 5.0 OPTIMUM SCHEDULE An optimum schedule for completion of the IS is outlined below. DJP &A can commit to maintaining the schedule in the areas which are within our control. However, a corresponding slip in the schedule will occur as a result of unanticipated delays beyond our control, including failure to receive project - related information in a timely manner, need for additional technical analyses, delays in administrative review, and continuances of public hearings or similar events. TASK DURATION Receive authorization to proceed and all information from City (including Tree Survey and Soil Investigation listed in Section 7.0) - -- DJP&A completes Administrative Draft IS/MND 4 weeks City review of Admin. Draft IS/MND 2 weeks DJP &A revises document 1 weeks City posts notice with the County Clerk 2 days Public Circulation of Draft IS (20 days) 3 weeks TOTAL +/- 10 weeks 6.0 BUDGET The cost for preparation of the IS is estimated not to exceed a maximum of $ 24,580. All costs will be charged on a time and materials basis, commensurate with work completed, in accordance with the attached fee schedule. If DJP &A does not need all the time that has been budgeted, we will only bill for the time actually spent completing the work. Payment will be due on a monthly basis. A breakdown of the IS cost estimate by task is provided below. 20840 McClellan Road Subdivision and Zoning Change 01313 June 2012 MGM Page 4 MIRE COST ESTIMATE DJP &A Costs to Prepare Initial Study In -House Hours & Document Processing $ 23,510 Expenses* Reproduction & Reimbursable Expenses $ 1,070 Total Estimated Initial Study Budget $ 24,580 Note: *Subconsultants and reimbursable expenses are cost plus 15% 7.0 INFORMATION TO BE PROVIDED BY THE APPLICANT OR CITY OF CUPERTINO • PDF electronic files of subdivision map and conceptual project plans • Soil Investigation (Testing for residual orgar,ochlorine pesticides and metals) • Tree Survey per City of Cupertino Tree Protection Ordinance standards • Information on the adequacy of stormwater find sanitary sewer systems to serve the site and any planned infrastructure improvements in the area. • Appropriate student generation ratio for school districts that would serve the site. 20840 McClellan Road Subdivision and Zoning Change ®1313 June 2012 ®0 Page 5 owe ACORD TM CERTIFICATE OF LIABILITY INSURANCE Data( 4 /201 /YR) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Heffernan Professional Practice Insurance Brokers License No. 0564249 CONTACT Carlos Roque NAME: PHONE 714- 361 -7700 A/C,No.Ext : FAX 714 - 361 -7701 A/C,No : EMAIL carlosr @heffins:com ADDRESS: 6 Hutton Centre Drive, Suite 500 Santa. Ana, CA 92707 WVD INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Ins Co of Am 25674 David J. Powers and Associates Inc. INSURER B: Hanover American Insurance Co. 36064 1871 The Alameda, Suite.200 INSURER C: Continental Casualty Co. 20443 INSURER D: San Jose, CA 95126 INSURER E: DAMAGE TO RENTED PREMISES( Ea occurrence) INSURER F: CLAIMS -MADE X] OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. INSP. TYPE OF INSURANCE ADDL SURF POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR WVD (MM/DD/YYYY ) (MM /DD/YYYY A GENERAL L.LIABILITY X X 6806824L268TIL13 12/03/2013 12/03/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL. GENERAL LIABILITY DAMAGE TO RENTED PREMISES( Ea occurrence) $1,000,000 CLAIMS -MADE X] OCCUR MED: EXP- (Any one person) $10,000 PERSONAL & ADV INJURY $2;000,000 GENERAL AGGREGATE $4,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $4,000,000 POLICY X PROJECT LOC $ A AU TOMOBILE LIABILITY x x BA6820L15313GRP 12/03/2013 12/03/2014 COMBINED SINGLE LIMIT $1,000,000 - (Ea accident) BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED X BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $1;000,000 A EXCESS LIAB CLAIMS -MADE CUP2C590211 1347 12/03/2013 12/03/2014 AGGREGATE .$1,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY Y /N. TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOFVPARTNER /EXECUTIVE/ B' OFFICER /MEMBER EXCLUDED? ❑ N/A WZ3981630001 01/13/2014 01/13/2015 E.L. DISEASE - EA EMPLOYEE .$1,000,000 (Mandatory in N.H.) If yes, describe under DESCRIPTION'OF E.L. DISEASE- POLICY LIMIT $1,000,000 OPERATIONS below PROFESSIONAL LIABILITY C N/A EEH28834749C 03/26/2014 03/26/2015 PER CLAIM $1,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional: Remarks Schedule, ihmore.space.is required) Re: Job #12- 080/20840 McClellan Rd. City of Cupertino, its City Council, boards and commission, officers, employees and volunteers are named as additional insured and primary/ non contributory clause applies to the general and automobile Liability policies- see attached endorsement and a waiver of subrogation applies to the general & auto liability policies -see attached endorsements. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) @1 -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Cupertino THE DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Simon Vuong 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino, CA.95014 ACORD 25 (2010/05) @1 -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NO_: 68068241_268TIL13 . CONIMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement'modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a contract or agreement requiring insurance' to include as an additional insured on this Coverage Part, but only with respect to liability for `bodily injury', "property damage" or "personal injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury( for' which that person or organization has assumed liability, in a contract or agreement. The insurance provided to such additional insured1s limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part_ e. This insurance does not apply to the rendering of or failure to render any "professional services "_ The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, 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 INSURANCE (Section III) for this Coverage Part_ B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL_ GENERAL LIABILITY CONDITIONS (Section IV); However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional 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 additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) 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 "contract or agreement requiring insurance "_ But this insurance still is excess over valid and collectible 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. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 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" performed 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 ` "contract or agreement requiring insurance" With such person or organization entered into by you before, and in effect when, the "bodily £G D3 81 09 07 0 2007 The Travelers Companies; Inc. Page 1 of 2 Includes, copyrighted material of Insurance Services Office, Inc., with Its permission. injury" or -property damage" occurs, or the "personal injury" offense is committed_ D. The follovAng definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means ,that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage" occurs, and the 'personal injury' is caused by an offense committed:. a. After you have entered into that contract or agreement b. While that part of the contract or agreement is in effect-, and c. Before the end of the policy period CG D3 81' 09 07 @ 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance S(irvices Office, Inc., with its permission. POLICY NUMBER: BA682OL15313GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. 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 carefullyto determine rights, duties, and what'is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G: PHYSICAL DAMAGE TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION Il — LIABILITY COV- ERAGE: 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 Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained to Section II. B. EMPLOYEE HIRED AUTO H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., 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 awn: (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 that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, rented or borrowed with a driver is not a Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in that "em- An Insured, of SECTION li — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 0 2010 The Travelers Indemnity Company. All rights reserved. Page t of 3 Includes copyrighted material of Insurance ,Services Office, Inc; with its permission. COMMERCIAL AUTO FIJI Any employi' of yi3urs rs art "insured ` ­vv tile us mg aeovered "apt ©' you dan.f own fr'ire orborror rn your i�usrnsss Qe yt?ur eprsonal a,N irs SUPPI:EMEIJTARY iPAYMENTS.. aIP+ICREASE�' LIMITS! 1 T%ie following replaces Paragraph A Z (2} of ` (4 }; All re son bl, experi "ses it caged by lhe. "rrrsured' at our request aneEudirrgactua9 lass,f ernu?gs up tc $5l}f e day+ tie ea`use of tlraaenoff from =work E TRAILERS., ,INCREASED. LOA[3rCAPACITYI< Thy fallowing ,replaces Paogrpii`` of''SEC TION f` —'q VERED AtFTOS'; 1 `Traalersd' ,with load capacity of 100& Pounds qr less desrgried pnmanly ior` lravl';_ on public;roads F, HIR�EI AUTiO%:PWYSIGAL'CIAMAGE - repdirEar (eplacerraent resrIts in getter than (rke kind car ql atrty tye will not p for the., -. N A. ""art�+ur�t`of �etterrrtent (} A deciuctileegta "I tm ilia iiigtlest Physicdl ` D�"r°ta�e d�du� file �ppiieable� lv;; any <aivrw��: ;covered:" autY; , {�} ThFs CWv rage Ekf rt3ron; James ni t aPrP,ly fU ; {a} Any 'auto' that rs hued r riled or rbo> `> {b} ;Any a_u #o tFs` t is tarred reviled or, Dar, :TRANSPORTATION: =We writ. pay u{i.to S50.per day io a,maxrmum of` t 5C�0 `for terrrporary transpcartation expense rn ezrrred l }y you because of the tote! theft of a cov Bred ato. of;ttie pnvae passenger. "ty+pe' H' ..AUDIO; VISUAL AND DATA ELECTRONIC EQUIPMENT INCREASEDtiWT Paragraph C 2. Limit 4f Insuranc'e of .SEC , N IIl'<• . PH SICAL'-DAMAGE.COVE , AGE> is 'deleted:,: WAIVER OF =DEDUCTIBLE ``GLASS' ..The fdllawlr g + added:to f ragraph D Deduc #t ble a of , SECTIOI+ Ill;h ' PWlr'SICAL; bAtk�AGl< -Nci dedaactilale fora ecrvered' 'auto vvsll apply ion ,gl s`s damage F the glass rs. rape €r i ::rather-, an, �replaceci. J. :PERSONAL EFFECTS' -' The following is: addedlo 1'aragrapt,i4 4 Covee -:, =age Ex enst6ns of SECt }UIV (II :.PHYSICAL:. 'DAMAGE CC,IVERACiE., Car l7N(rb1'A+e4t _ Personal Effects Coverag;e;y loss 'er. t }L ingoi`rc�n your covered auto Ic}`TW; cost, of: repairing or 'replacing thee: Thal coverage only aPprlies rrt thQ eti +ant of a tr�tal'. damagedh or slolen , °property with';- oth& , theft of'your ct�uered auto ` property of like kind and qualitW, _ ,,.. .,, ;. } n i ' naf Efecs dyer-, n dad c�bteap y 2A s 0" Per. ;adtustrrient for_depr�ciat�can and p8�ysicIG age :. r dit►ari tivill be m'a e u� de #err arg,.actua F. cash aaltle rn #te`vnt cif t4 #al,.,Ross ;: Page.€s #: - g1t7 Thp,Travalarg lndamnit f omgi ?ny All rr hl d ". . _ c�i ra 20.07' 10 Ineliide, r�spyr+gt+t d inatpri l:�1 in5u*a 8,`ae rviCas tjrtice „tiic wiih i srperMMon. : K:, AIRBAGS The followjng 'is_ added to Paragrap 3 Ezclu= SEGTION'::IE# .: PHYSICAL [) A,M . GE;: ,COVERAGE. L:, AIJ,T{}LDAN;,LEASE GAP: The followingpis added to Paragraph: A 4 CQVer ache Extensions bf:`SEE;TlQN III = PHYSICAL:,. DAMAGE COVERAGE 1, Auto Loan Lease Gip °C overage for,. Private. f?as$enp+i TyoevVefiicles° oT COMMA R, CIAL`AI, to ' {aj ':O +�ercfue> lease or- °loan`:pajirr�ents at >tha:� {bJ',:�jnansraf penalties mpo�e uneie a: S r r '+ -. a f' Je, pse far excessjve use ,ak banal,'- . �earry .'and tear Qr Gjlg���ileae~; {cj Securify dj?pgsits not: return by th- „Ies =` ;.star {r!j "GQ "sts For extended warranties; Creds Insurajee purchased'.; wjth:`" fhe kaan o" lease andu' {ej ,Garr}f aver balances..from previous loans:'. ;Hot leases: � . M'c:SLANKE 1N'AIVEI7'`O SUBJ0GA71ON ? ;The fallcyMn r`epiaces Parac�taph A "5 Transfer >Qf Rights Df Reco+rery Against OtFiers To: lis,�, �o'f SECT #C >E�i' IV `BUSINESS AUTO' C{}AJUt; TIt7NS 5 transfer Of ftiglits OfRecc�vety Against;: Duets To Us Vtil84alv.e any. riaii ;of`reecbverv.%ve• may have, CA.T$.20'4 7. (,d', uy ?Si1C1 iho;ir�vdlar ;;ln�,amrily (tmP pny All A h +s raeaav4, d IIi I4b4�49S C{9'"}. CIi�j1( C�j,F'f�r%.It fl4 �if1'� �3i�a�lrti P� jx (V I(: F? �j[il Coy: ��"IS` N ilxl l..a C?fli <c