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13-181 Richard C. Coco, Master Agreement for Project and Construction Management Consultant Services OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 [Ell TELEPHONE: (408)777-3223• FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTINO June 9, 2014 Richard C. Coco 3602 Pleasant Crest Drive San Jose, CA 95148 Re: Service Order 2 & 3 for the 2013 Pavement Maintenance Project-Phase 2 Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works MASTER AGREEMENT PO#: 33012 SERVICE ORDER PO#: 2 Maximum Compensation: $26,000 Term: NTP:June 2,2014 END DATE: August 11,2014 Approval by: City Manager ❑ Director ❑ Date: City Council ❑ Item Number: Date: Consultant: Firm Name: Richard C. Coco Inspection Consultant Address: 3602 Pleasant Crest Drive Contact: Richard C. Coco Phone: (408) 644-5428 PROJECT DESCRIPTION Project Name: Project Management for the 2013 Pavement Maintenance Project- Phase 2 (Project No. 201.3-05) Description: Time and reimbursables between June 2, 2014 and August 11, 2014 for service in accord with Exhibit A-2 of the Master Agreement(attached hereto for reference) ❑ Attachment A: Includes Description of Project, Scope of Services,Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Roger Lee FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $100,000 Previously Encumbered on MA: $ 60,000 Amount of previously Encumbered balance expended: $ 48,571 Amount available_to be Encumbered for a SO: $ 51,429 --- - -- - - ---$-- 26,000- CE NC-UMBER:-Account No.-270-8404-93'?5-SO-4-2 oe-3 77 429 Total Expended and Encumbered to date.. $ , Master Agreement Balance: $ 22,571 Service Order#2 City of Cupertino Page 1 of 2 Asphalt Project Management—Richard Coco Y 1 i L'i:U ............................... t! APPROVALS f Consultant: O�G� �� Date: Director of Public Works: _ Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Name: Service Order tt2 City of Cupertino Page 2 of 2 Asphalt Project Management Richard Coco :'c>^ b. z ...} is s a,; ct z Yi Y.. .. e€.- m......x , ...... .............: ....... .... L. EXHIBIT A-2 SCOPE OF SERVICES The CONSULTANT shall provide certain Project and Construction Management services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and onl (1) upon written request from the C-ITY's Director of Public Works or CITY's Assistant Director of Public Works and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1-GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public Works Director or CITY'S Assistant Director of Public Works. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Project and Construction Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such.services.Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the CITY's designated Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Project and Construction Management services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. Consultant services under this Master Agreement may include,but are not limited to: City of Cupertino Exhibit A2-Scope of Services Pa Project and Construction Management Services-Richard Coco ge 1 of 3 EXHIBIT A-2 SCOPE OF SERVICES A. Project Design Phase 1) Review for compliance to industry wide standards, cost effectiveness, constructability, and quality control for City contract documents for the 2013 Pavement Maintenance Project-Phase 2 (project no. 2013-05). Specific documents to review include: a. Bid Form-Document 00400 b. General Conditions-Document 00700 C. Special Conditions-Document 00800 d. Traffic Control Requirements-Document 00820 e. Technical Specifications-Document 00850 f. General Requirements-Document 00860 g. Work Hour Restrictions-Attachment A B. Construction Phase: 1) Lead project and construction management of the 2013 Pavement Maintenance Project- Phase 2. Coordinate with designated City staff, City consultants and Contractor as required. Services to include: a. Attend and participate in pre-construction meeting. b. Submit for City review and approval the following documents: 1) Submittal review 2) Change Order review 3) Daily Inspection Reports including correspondence logs 4) Monthly pay estimate reports 5) Request for information review c. Timely review and comment of Contractor submittals/certificates of compliance. d. Timely review and comments on vn:itial and revised Contractor project schedules. e. Maintain quality control of materials and processes as required by Contract documents. f. Coordinate field meetings with Contractor as needed to maintain intent of contract documents. g. Maintain daily inspection reports noting location, type of work being performed, quantification of Contractor forces,, summarization of contract working days and other items of note. h. Tabulation of bid quantities as needed to review and recommend pay requests from contractor. i. Collect and review material tags, test results and other records as required by Contract documents. j. Timely respond to Contractor questions in the field. k. Address local resident and business concerns including access to driveways, maintenance of work areas,noise complaints and needs of temporary signage. City of Cupertino Exhibit A2-Scope of Services Project and Construction Management Services-Richard Coco Page 2 of 3 iS EXHIBI:']I' A-2 SCOPE OF `'iERVICES 1. Report to designated City staff any questions or concerns that materially affect cost, quality, time, safety or relations with residents/businesses. m. Files (both hard copies and electronic copies) containing the above along with communications, City instructions,punch lists and other project information will be maintained. n. Photographs of various work areas both before and after improvements. o. Ability to match Contractors work schedule, including work at night. C. Facilities Provided 1. It is understood that Consultant will comE�equipped with basic hand tools and personal protective equipment for inspection purposes and a personal vehicle for use in performing the necessary work. It is also understood that a workspace may be required at the Service Center (10555 Mary Avenue),but is not mandatory. END OF EXHIBIT City of Cupertino e Exhibit A2-Scope of Services Project and Construction Management Services-Richard Coco Page 3 of 3 ,".s....; ?, zf.#...:.�i .: R.. �' >.,c3 ti .3 tx_}..+,..�.. 5:�.."'ty...... MASTER AGREEMENT PO#: 33012 SERVICE ORDER PO#: 3 Maximum Compensation: $22,000 Term: NTP:June 2,2014 END DATE: August 11,2014 Approval by: City Manager ❑ Director ❑ Date: City Council ❑ Item Number: Date: Consultant: Firm Name: Richard C. Coco Inspection Consultant Address: 3602 Pleasant Crest Drive Contact: "Richard C. C.000 Phone: (408) 644-5428 PROJECT DESCRIPTION Project Name: Project Management for the 2013 STP Overlay Proms (Project No. 2013-04) ❑ Description: Time and reimbursables between June 2, 2014 and August 11, 2014 for service in accord with Exhibit A-3 of the Master Agreement(attached hereto for reference) ❑ Attachment A: Includes Description of Project, Scope of Services,Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Roger Lee FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $100,000 Previously Encumbered on MA: $ 86,000 Amount of previously Encumbered balance expended: $ 48,571 Amount available to be Encumbered for a SO: $ 25,429 ENCUMBER Account No. 270_8404=932 SO # 3' 25000 ; Total Expended and Encumbered to date: $ 99,571 Master Agreement Balance: $ 429 City of Cupertino Service Order#3 Asphalt Project Management—Richard Coco 2013 STP Overlay Project Page 1 of 2 _.._ 5. 3, ,..�.:.F . ...t.' .. APPROVALS consultant: rd Director of Public Works: f - Date: ®� ---- Date: A&--2&4 Appropriation Certification: I hereby certify th, in the above fund for the above contract as estimated an unexpended a date of signature. p appropriation is available .nated and that funds are available as of this City Finance: Name: City of Cupertino Asphalt Project Management—Richard Coco 2013 STP Overlay Project Service Order3 h; z t Page f 2 , b EXHIBIT A-3 a SCOPE OF SERVICES The CONSULTANT shall provide certain Project and Construction Management services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and only (1)upon written request from the C:ITY's Director of Public Works or CITY's Assistant Director of Public Works and (2) as def-kied in a fully executed SERVICE ORDER, Exhibit B. SECTION 1- GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public Works Director or CITY'S Assistant Director of Public Works. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Project and Construction Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICIE ORDER which shall clearly provide the nature of the specific services, the time 1i1i1:it within which such services must be completed, and the compensation for such services.Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the CITY's designated Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Project and Construction Management services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. Consultant services under this Master Agreement may include,but are not limited to: City of Cupertino Exhibit A3-Scope of Services Project and Construction Management Services-Richard Coco 2013 STP Overlay Project Page 1 of 3 y 2 3 a EXHIBIT A-3 a SCOPE OF 151ERVICES A. Project Design Phase 1) Review for compliance to industrywide standards, cost effectiveness, constructability, and quality control for City contract documents for the 2013 STP Overlay Project, Federal-Aid Project No. STPL-5318(029) (City Project No. 2013-04). Specific documents to review include: a. Bid Form—Document 00400 b. General Conditions-Document 00700 c. Special Conditions—Document 00800 d. Traffic Control Requirements—Document 00820 e. Technical Specifications—DOCUmE-rlt 00850 f. General Requirements—Document 00860 g. Work Hour Restrictions—Attaclunent A B. Construction Phase: 1) Lead project and construction management of the 2013 STP Overlay Project. Coordinate with designated City staff, City consultants and Contractor as required. Services to include: a. Attend and participate in pre-construction meeting. b. Submit for City review and approval the following documents: 1) Submittal review- 2) Change Order review 3) Daily Inspection Reports including correspondence logs 4) Monthly pay estimate reports 5) Request for information review c. Timely review and comment of Contractor submittals/certificates of compliance. d. Timely review and comments on initial and revised Contractor project schedules. e. Maintain quality control of materials and processes as required by Contract documents. f. Coordinate field meetings with Contractor as needed to maintain intent of contract documents. g. Maintain daily inspection reports noting location, type of work being performed, quantification of Contractor forces, summarization of contract working days and other items of note. h. Tabulation of bid quantities as needed to review and recommend pay requests from contractor. i. Collect and review material tags, test results and other records as required by Contract documents. City of Cupertino Exhibit A3-Scope of Services Project and Construction Management Services-Richard Coco 2013 STP Overlay Project Page 2 of 3 EXHIBIT A-3 SCOPE OF SERVICES J j. Timely respond to Contractor questions in the field. k. Address local resident and business concerns including access to driveways, maintenance of work areas,noise complaints and needs of temporary signage. 1. Report to designated City staff any questions or concerns that materially affect cost, quality, time, safety or relations with residents/businesses. m. Files (both hard copies and electronic copies) containing the above along with communications, City instructions, punch lists and other project information will be maintained. ri. Assist City staff with Federal reporting requirements. o. Photographs of various work areas both before and after improvements. p. Ability to match Contractors work schedule, including work at night. C. Facilities Provided 1. It is understood that Consultant will come equipped with basic hand tools and personal protective equipment for inspection purposes and a personal vehicle for use in performing the necessary work. It is also understood that a workspace may be required at the Service Center (10555 Mary Avenue),but is not mandatory. END OF EXHIBIT City of Cupertino e Exhibit A3-Scope of Services Project and Construction Management Services-Richard Coco 2013 STP Overlay Project Page 3 of 3 p ,, —CGTY OF CUPERTINO aster Agree ent Consultant Services ', SERVICE ORDER MASTER AGREEMENT PO #: Maximum Compensation: $60,000.00 Service Order No.: 1 Account No.: 110 ► -G x <3� Term: NTP: November 18, 2013 END DATE: January 31, 2016 Approval by: City Manager ❑ Director ® Date: City Council ❑ Item Number: _ Date: Consultant: Firm Name: Richard C. Coco Inspection Consultant Address: 3602 Pleasant Crest Drive Contact: Richard C. Coco Phone: (408) 644 -5428 PROJECT DESCRIPTION Project Name: Apple Campus 2 Interiin Inspection Services Z Description: Time and Reimbursables between Nov. 1.8, 201.3 and June 30, 2014 for service in accord. with Attachment A -1. of the Master Agreement (attached hereto for reference). ❑ Attachment A:. Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Chad Mosley FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $100,000.00 Previously Encumbered on MA: $ 0 Current unencumbered amount in MastE,r Agreement: $100,000.00 ENCUMBER: Account No. 110 - 8101 - 932:7 SO Total to date:. $ 60,000.00 Master Agreement Balance: $ 40,000.00 Contract Manager: Chad Mosley Date: 12/11/13 x City of Cupertino Service Order# Type of svc - Consultant Name Page 1 of 2 , :L.: tt...b:¢)ITX'£().:�: 'rt ?i.i.I:3 Ii- t<I.yyS(£t3..:'. �`�i i.$(tiiiiE.' '1 } .._. .... ...... .... .... APPROVALS CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Consultant: �.; cL• (4 Coco Date: 1 i d ZD i 3 Director of Public Works: .� -- Date: 11— . rl /13 Appropriation Certification: I hereby certify that an uriexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: t11 3 Date: ,', C�, l3 City, of Cupertino Service Order # Type of svc - Consultant Name Page 2 of 2 ... � ill# EXHIBIT A -1 APPLE CAMPUS 2 INTERIM INSPECTION SERVICES Proiect and Scope of Work Apple is currently developing a new corporate campus which will require infrastructure improvements and relocations be built along the property frontage, on City of Cupertino streets and right -of -way. Consultant will provide inspection of city -owned facilities and portions of work and facilities owned by others, which the City has requested be monitored during the construction period. The proposed services may include attending various meetings (preconstruction, job progress, internal & inter- agency).and inspection of sanitary collection systems,, storm water systems, water systems streets, curb, gutter, sidewalks, sound walls, streetlights, temporary traffic control systems; traffic signal systems, electrical utility, joint trenches, traffic signals, landscaping and other infrastructure. Consultant will provide inspection services for the Apple Campus 2 project for an interim period, until such time the City chooses a firm or individual to provide inspection services based on a formal 'Request for Proposal'. During this interim period, Consultant will observe and document activities for items being inspected, and will observe and document operations and suggest adjustments to operations such as: traffic control, excavation, grading, pipeline installation, backfill, testing, paving, etc. He will check the materials installed throughout the off -site locations and verify substantial compliance with the plans and specifications approved by the City. He will also address local business concerns including access to driveways, maintenance of work areas, and needs for temporary signage. Assistance may also include other duties assigned by the City such as submittal rE!views. Base services will plan for coverage of all field operations, assuming the potential for 12 -hour weekday shifts and occasional Saturday work.. Deliverables I. Daily inspection reports noting general location, type of work being performed and other items of note. II. Daily photographs of the various work areas. III. Monthly progress reports summarizing work performed and photos of progress. IV. Review of Record Drawings maintained by the Apple Campus 2 contractors. V. Misc. records /material tags and test results for items incorporated into the work will be monitored and collected to ensure quality. VI. Files (both hard copies and electronic copies). containing the above along with communications, client instructions, punch lists; and other miscellaneous project information will be maintained. Facilities Provided It is understood that Consultant will come equipped with basic hand tools for inspection purposes, a personal vehicle for use in performing the necessary work. It is also understood that a desk may be required, at the jobsite; but is not a mandatory requirement for inspection services. MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND RICHARD C. COCO FOR PROJECT AND CONSTRUCTION MANAGEMENT CONSULTANT SERVICES THIS MASTER AGREEMENT, for reference dated November 18, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and, RICHARD C. COCO (a sole proprietor) whose address is 3602 Pleasant Crest Drive, San Jose, CA 95148; telephone no. (408) 644 -5428 (hereinafter referred to as "Consultant "), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry 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 Project and Construction Management Services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on January 31, 2016 unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Consultant shall provide services under this Master Agreement on an "as needed" basis and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed Service Order as set forth in Exhibit B, Service Order Process; both Exhibits which are attached hereto and incorporated herein by this reference. The City has sole discretion to authorize any Service Order and has no obligation to do so under this Master Agreement. City of Cupertino Consultant Master Agreement Project & Construction Management Services — Richard C. Coco Page 1 of I 1 3. SCHEDULE OF PERFORMANCE: All Consultant services under this Master Agreement shall be completed on or before the end of the Master Agreement Term. Each authorized Service Order shall include its own defined Schedule of Performance. In no case shall any Service Order's schedule of performance extend beyond the Master Agreement Term. 4. CONSULTANT COMPENSATION: The maximum compensation to be paid to Consultant under this Master Agreement shall not exceed One Hundred Thousand Dollars ($ 100,000.00). The rate of payment is set out in Exhibit C, titled "Compensation ", which is attached hereto and incorporated herein. No payment shall be made under this agreement unless authorized by a fully executed Service Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum compensation for this Master Agreement as defined above. METHOD OF PAYMENT: The method of payment for services performed under this agreement is set out in Exhibit C, titled "Method of Payment ", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each authorized Service Order, clearly stating; the total Contract amount, amount paid to date, the work performed and percent complete, and amount due. All requests for payment from Consultant to City shall be addressed to the City to: Attention: Chad Mosley City of Cupertino 10300 Torre Ave. Cupertino CA 95014 6. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 7. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 2 of 11 with the practice of a professional that specializes in performing professional services of a like nature and complexity, and agrees that all services shall be performed by similarly qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 8. 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. 9. IMMIGRATION REFORM AND CONTROL ACT (IRCA): 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. 10. 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. 11. PROJECT COORDINATION CITY: The Director of Public Works, or designated agent, shall be representative of City for all purposes under this Agreement. Chad Mosley is hereby designated as the Director of Public Works' agent and shall supervise the progress and execution of this Agreement. City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 3 of 1'1 CONSULTANT: Consultant shall assign a single Consultant Project Executive to have overall responsibility for the progress and execution of this Agreement for the Consultant. If, subsequent to the execution of the Agreement, circumstances or conditions require a substitute Consultant Project Inspector for any reason, the proposed replacement Consultant Project Inspector shall be subject to the prior written acceptance and approval of the City Director of Public Works or the above named designated agent. The designated Consultant Project Inspector for the Agreement term shall be Richard C. Coco. 12. HOLD HARMLESS: 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 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. 13. 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 13A, 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) Liabili Commercial general liability coverage in the following minimum limits: City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 4 of 11 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 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 term 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 coverage, 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 City of Cupertino Consultant Master Agreement Project & Construction Management Services — Richard C. Coco Page 5 of 11 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. 14. 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 or Statement of Economic Interest (Form 700) 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, et seq. of the California Code of Regulations. 15. 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, sub lessee, 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 venture 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. 16. SUBCONSULTANT APPROVAL: Unless prior written consent from City is obtained, only those people and sub consultants whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs sub consultants, such sub consultants shall be required to furnish proof of workers' compensation insurance and shall also be required City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 6 of 11 to carry, at a minimum, general, automobile and professional liability insurance equal to the insurance maintained by the Consultant as required by this agreement. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 17. 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. 18. 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. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 19. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 7 of 11 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 during normal business hours, and gives City the right to examine and audit same, and to make transcripts there from 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. 20. 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. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Chad Mosley All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Richard C. Coco 3602 Pleasant Crest Drive San Jose, CA 95148 21. 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 City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 8 of 11 performance of this Agreement. The City shall notify the Consultant of such default ,in writing, specifying the nature of such default and the steps necessary to cure such default, If, after receipt by Consultant, such default is not cured within the time specified, 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. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 22. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 23. 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. 24. 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. 25. WAIVER: A waiver by City of any breach of any tern, 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: City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 9 of 11 Llll�l,ll -�i I'll Iii ._,111-0ii.uli.111_ f,I lloll\,1\"! 1",[ "II;. 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. 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 27. 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. 28. REPRESENTATION OF AUTHORITY: The person executing this agreement on behalf of the CONSULTANT does hereby represent and warrant that the CONSULTANT is a sole proprietor in the State of California and has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement. 29. 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 or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 10 of 11 CONSULTANT RICHARD C. COCO A Sole Proprietor �% IYCA •. • • Title c 0k2 Pow � o CITY OF CUPERTINO A Municipal Corporation Timm Borden, Director of Public Works Date Date _,%i�Q e'rt r /z/ 2 o l'2, APP O ED AS TO FORM: Tax I.D. No.: A Carol Korade, City Attorney Address: 3602 Pleasant Crest Drive ATTEST: San Jose, CA 95148 �f Grace Schmidt, City rierk Contract Amount: Account No.: City of Cupertino Consultant Master Agreement Project & Construction Management Services - Richard C. Coco Page 11 of 11 EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide certain Project and Construction Management services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the ��ITY's Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1- GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public Works Director or authorized Agent. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Program and Project Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. Unauthorized services performed by the CONSULTANT shall be at no cost +to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Inspector for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the C'ITY's designated Project Inspector. SECTION 2. BASIC SERVICES The Consultant shall provide Project and Construction Management services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. Consultant services under this Master Agreement may include, but are not limited to: City of Cupertino Exhibit A -Scope of Services Project & Construction Management Services — Richard C. C .)co Page 1 of 2 EXHIBIT A SCOPE OF SERVICES A. Project Design Phase 1) Assists City staff during Public Meetings for stakeholder input. 2) Provides City with project plan review and site visits during the project design process, project design development. 3) Provides City review of final project specification and documents. B. Construction Phase: 1) Provides assistance to the construction phase of multiple projects as directed by the City. 2) Provides City with project(s) progress reports. 3) Assists City with project submittal reviews. 4) Assists City with contractor /developer correspondence, public and stakeholder meetings. 5) Coordinates and attends preconstruction conferences, and coordinates with the City issuance of project notice to proceed. 6) Coordinates project schedules and progress with other agencies as required by project documents. 7) Provides on -site inspection of project (s), as required by project activities /schedules, or as directed by the City. 8) Compiles /files daily project progress reports, contract documents, project pictures, and communicates with City in a timely manner project deficiencies. 9) Assists City with project change orders and contractor /developer requests for change orders. 10) Provides inspection of all assigned project's City approved contract change order(s). 1.1) Provides review and comments to the City's project acceptance documentation. 12) As directed by the City, coordinates accepted project infrastructure with City Maintenance personnel. 13) Provides other project Construction Phase support as directed by the City. END OF EXHIBIT City of Cupertino Project & Construction Management Services — Richard C. Coco Exhibit A -Scope of Services Page 2 of 2 EXHIBrr A -1 APPLE CAMPUS 2 INTERIM INSPECTION SERVICES Project and Scope of Work Apple is currently developing a new corporate campus which will require infrastructure improvements and relocations be built along the property frontage, on City of Cupertino streets and right -of -way. Consultant will provide inspection of city -owned facilities and portions of work and facilities owned by others, which the City has requested be monitored during the construction period. The proposed services may include attending various meetings (preconstruction, job progress, internal & inter - agency) and inspection of sanitary collection systems, storm water systems, water systems streets, curb, gutter, sidewalks, sound walls, streetlights, temporary traffic control systems, traffic signal systems, electrical utility, joint trenches, traffic signals, landscaping and other infrastructure. Consultant will provide inspection services for the Apple Campus 2 project for an interim period, until such time the City chooses a firm or individual to provide inspection services based on a formal 'Request for Proposal'. During this interim period, Consultant will observe and document activities for items being inspected, and will observe and document operations and suggest adjustments to operations such as: traffic control, excavation, grading, pipeline installation, backfill, testing, paving, etc. He will check the materials installed throughout the off -site locations and verify substantial compliance with the plans and specifications approved by the City. He will also address local business concerns including access to driveways, maintenance of work areas, and needs for temporary signage. Assistance may also include other duties assigned by the City such as submittal reviews. Base services will plan for coverage of all field operations, assuming the potential for 12 -hour weekday shifts and occasional Saturday work. Deliverables I. Daily inspection reports noting general location, type of work being performed and other items of note. II. Daily photographs of the various work areas. III. Monthly progress reports summarizing work performed and photos of progress. IV. Review of Record Drawings maintained by the. Apple Campus 2 contractors. V. Misc. records /material tags and test results for items incorporated into the work will be monitored and collected to ensure quality. VI. Files (both hard copies and electronic copies) -containing the above along with communications, client instructions, punch lists, and other miscellaneous project information will be maintained. Facilities Provided It is understood that Consultant will come equipped with basic hand tools for inspection purposes, a personal vehicle for use in performing the necessary work. It is also understood that a desk may be required at the jobsite, but is not a mandatory require ment for inspection services. EXHIBIT B SERVICE ORDER PROCESS The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed Service Order.. SECTION 1- SERVICE ORDER INITIATION A. The City Public Works Director or his designee shall provide written request for Consultant services as defined in this agreement. The Consultant and City shall meet to discuss the services after which the consultant shall provide a written proposal including specific scope of services, performance schedule, and compensation to the City. B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order. C. The City shall prepare a Project Service Order consistent with the City's standard form, Service Order, and Attachment A. The Service Order shall, at a minimum, include (1) specific scope of services, deliverables, schedule of performance, and compensation. SECTION 2- SERVICE ORDER EXECUTION D. Both parties shall execute the Service Order as evidenced by the signatures of the authorized representatives defined in Article 11 of the Master Agreement, Project Coordination, and the date signed. E. The Consultant shall begin work on the scope of services o—y after receipt of a fully executed authorized Service Order defining those services. Consultant understands and agrees that work performed before the date of the authorized Service Order or outside the scope of services once a Service Order is signed and authorized shall be at no cost to the City. F. The maximum compensation authorized by a single Service Order and /or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement. END OF EXHIBIT City of Cupertino Exhibit B- Service Order Process Project & Construction Management Services — Richard C. Coco Page 1 of 1 EXHIBIT C COMPENSATION The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the Cibi and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Consultant Compensation, of the Master Agreement. Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City. Consultant Hourly Rate(s) The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders: Labor Category Master Agreement Hourly Rate Project Manager/ Project Inspector $72.00 Project Inspector Saturday or Sunday Work Hours $110.00 Reimbursable Expenses Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to: • Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions; • Software required by City other than Microsoft Word, Excel, PowerPoint, and Project; Adobe Acrobat; and a photo editor program. • Travel expenses to the extent allowed by City policy; City of Cupertino Exhibit C- Compensation Project & Construction Management Services — Richard C. Coco Page 1 of 2 EXHIBIT C COMPENSATION • Mileage • Sub - consultants required by project scope of services; • Safety equipment required by City policy or the project scope of services; • Mass mailing notifications; • Expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment. The City shall compensate the Consultant for such reimbursable expenses only with prior written authorization by the City representative designated in Article 11, Project Coordination, of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum compensation for the Service Order. The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall be separately identified on the Consultant invoice. Method of Payment The Consultant shall submit an invoice to the City by the 5th business day of each month that clearly identifies the work performed in the previous month and authorized reimbursable expenses. All invoices from Consultant shall be addressed to City at: Attention: Chad Mosley City of Cupertino 10300 Torre Ave. Cupertino CA 95014 The invoice shall identify the applicable period of work, a description of the work performed consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable expenses, Service Order maximum compensation, Service Order compensation to date including invoice number, total invoice amount for current invoice, Service Order maximum compensation balance remaining. All Consultant payments shall be addressed to: END OF EXHIBIT City of Cupertino Exhibit C- Compensation Project & Construction Management Services — Richard C. Coco Page 2 of 2 Aco° CERTIFICATE OF LIABILITY INSURANCE DATE (11 11/14/2013 /2013 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, =XTEND 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(ien) must 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). PRODUCER Phone: (360) 598 -3700 Fax: (360) 598-3703 :CNTACT MICHAEL J. HALL & COMPANY IiAME: MICHAEL J. HALL & COMPANY PHONE 360 5984700 ")` (360) 598 -3703 HALL &COMPANY �A'�' W-E- — R-MAIL 19660 10TH AVENUE N.E. kDDRESS: POULSBO WA 98370 INSURERS) AFFORDING COVERAGE NAICTt wsURERA RLI Insurance Company 113056 INSURED Richard C Coco 3602 Pleasant Crest Drive San Jose CA 95148 INSURER B INSURER C INSURER D. INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 187087 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN 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. INSR LTR TYPE OF INSURANCE _ -. GENERAL LIABILITY ADD'L INSR SUER VWD POLICY NUMBER POLICY EFF (MMIDDNYYY) 11114/13 POLICY EXP _ (MMfDD 11/14/14 LIMITS E 500,000'i A _ PSBOD02599 _. EACH OCCURRENCE X GENERAL LIABILITY -DAMAGE TO REINTED__ - E 1,0,000 (COMMERCIAL PREMISES (Ea occurence) $ 10,000 CLAIMS -MADE X OCCUR MED. EXP (Any one person) X ! OCP, XCU, BFPD PERSONAL & ADV INJURY E 1,000,000 X 1 Separation of Insured GENERAL AGGREGATE $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG t 1,000,000 s POLICY PRO- 1 _ _ JECT _ LOC AUTOMOBILE LIABILITY _ $ 1,000,000 _ PSA0001626 - 11/14113 _- 11/14/14 B'NESINGLE D""R A (CFO g X ANY AUTO BODILY INJURY (Per person) E ALL OWNED AUTOSULED BODILY INJURY (Per accident) E AUTOS NON -OWNED HIRED AUTOS PROPERTY DAMAGE _ AUTOS (Peraeadent) - E UMBRELLA LIAO OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DIED ' RETENTION $ E WORKERS COMPENSATION WIC STATU- OTH TORY LIMITS ER $ AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/ E.L. EACH ACCIDENT E OFFICER/ EXCLUDED? EXCLUDED? MIA E.L. DISEASE -EA EMPLOYEE E in NH) (Mandatory n NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT E A Professional Liability: Claims Made Form RDP0012829 11/14/13 11/14/14 $1,000,000 Per Claim $1,000,000 Aggregate 1 - -- DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are Additional Insureds on the Commercial General Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non - contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability in favor of the Additional Insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE _ Attention: Chad Mosley Laura Ledbetter ACORD 25120101051 The ACORD name and logo are registered marks of ACORD