Loading...
17-067 Balance Hydrologics, Consultant Services for Stevens Creek Cooridor Phase 2 Bank RepairAGREEMENT BETWEEN THE CITY OF CUPERTINO AND BALANCE HYDROLOGICS FOR CONSULT ANT SERVICES FOR STEVENS CREEK CORRIDOR PHASE 2 BANK REP AIR THIS AGREEMENT, for reference dated May 9, 2017, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Balance Hydrologies, Inc., a California corporation whose address is 800 Bancroft Way, Suite 101, Berkeley, California 94710 (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 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 the date this agreement is executed and shall terminate on December 31, 2017, unless terminated earlier as set forth herein ~-- 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A". titled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: Page 1 of 16 Steven s Creek Phase 2 Bank Repair The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Twenty Four Thousand Eight Hundred Ninety Dollars ($24,890.00). The rate of payment is set out in Exhibit C, titled "Compensation", 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 phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. ST AND ARD 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. 7. 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. Page 2 of 16 Stevens Creek Phase 2 Bank Repair ,• 8. 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. 9. 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. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Gail Seeds is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Anne Senter. 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all Page 3 of 16 Stevens Creek Phase 2 Bank Re pair 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, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. 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, that arise out of, pertain to, or relate 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. 12. 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 paragraph 12A, 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 Page 4 of 16 Stevens Creek Phase 2 Bank Repair 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, ConsultanLshall look solely to hisjheLinsurance-for recm1:e-ry:~- 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 Pa ge 5 of 16 Steven s Cree k Phase 2 Bank Re pair 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. 13. 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. 14. 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 Page 6 of 16 Steven s Creek Phase 2 Bank Repair 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. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in 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. 16. 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. 17. 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. Page 7 of 16 Stevens Creek Phase 2 Bank Repair 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. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. 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. 19. 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. Page 8 of 16 Stevens Cree k Phas e 2 Bank Re p a ir All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino Quinlan Community Center 10185 North Stelling Road Cupertino CA 95014 Attention: Ms. Gail Seeds All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Balance Hydrologies 800 Bancroft Way, Suite 101 Berkeley, CA 94710 Attention: Mr. Ed Ballman 20. 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. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted-0r-issued by City. A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the Page 9 o f 16 Steven s Cree k Ph ase 2 Bank Re pair City will result m either delay and/or forfeit of outstanding payment to Contractor. B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810, et seq. which provides that w o r k p erform ed by employees o f co ntractors in excess o f 8 h ours per d ay, and 40 h ours during any one week, mus t b e co mpen sa te d as overtim e, at not less than 1 1/2 tim es the bas ic rate of pay . C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, s tr ai ght time and ove rtime h o urs w orked each day and week, and the a ctual p er d ie m wages paid to each jo urneyman, apprentice, w o rk er, or other employee employe d b y him or h er in co nnecti on w ith this Agr eem ent. Th e Pay roll Re cords shall b e m ad e av ail abl e for ins p e ction a s prov ide d in California Labor Co d e Se ction 1776. D. APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 22. 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. 23. 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 . 24. 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. Page 10 o f 16 Stevens C ree k Phas e 2 Bank Re p a ir 25. INTEGRATED CONTRACT: This Agreement represents the full and complete unders tanding 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 four:i-d in City Administrative Procedures. ~ · · B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Adminis trative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement b y 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 b y 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. 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. Page 11 o f 16 Steven s C ree k Ph ase 2 Ba nk Re p a ir P.O. No.: ______ _ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Balance Hydrologies L.«L~ By ___ ...::.._ ___ "'""""""'---- Name Edward D. Ballman Title V /P ; Principal Engineer Date May 12 , 2017 Tax I.D. No.: 94-3073197 Address : 800 Bancroft Way , Suite 101 Berkeley, CA 94710 Steven s Cree k Phase 2 Ba nk Re p a ir CITY OF CUPERTINO A Municipal Corporation APPROVED AS TO FORM: ( Randolph Stevenson Hom City Attorney ATTEST: G~~c:t,,. ')}- Grace Schmidt, Ci;cieri: , F-) /--f I Contract Amount: $24,890 .00 Account No.: 42 7-90-88 1-900-905 Page 12 o f 16 EXHIBIT A SCOPE OF SERVICES Stevens Creek Corridor Phase 2 Bank Repair All work is to be consistent with the pennits, regulatory requirements and enviromnental commitments for the Stevens Creek CoITidor Park and Restoration Phase 2 project. Work includes services by Balance Hydrologies professional staff, and subconsultant Jana Sokale Environmental Planning including biologists Debra Chromczak and Lynne Trulio. City seeks to ensure that work meets criteria for FEMA reimbursement. Task 1. Field Reconnaissance Consultant will review the site, evaluate post-stonn conditions of creek banks and assess extent of repair actions needed. Task 2. Develop Repair Plan and Implementation Actions Consultant will develop a plan for repairing creek bank damage and develop actions for implementation to help restore the creek channel to the pre-stonn design intent. Task 3. Environmental and agency coordination Consultant will assist with coordination with involved agencies. Task 4. Select plantings and woody material Consultant will select and assist in securing native plantings suitable for the creek bank repair and restoration design intent. Consultant will select woody material for placement into the bank repair areas , consistent with the design intent which involved strategic placement of woody material at select locations along the channel. Task 5. Wildlife surveys and observations Consultant will provide preconstruction wildlife surveys for presence of protected wildlife consistent with pennitting, resource agency, and project requirements and applicable regulations. Consultant will provide wild li fe observation prior to and dming work to confinn that work is conducted in a manner that meets applicable requirements. Consultant will document findings and they will be included in the Task 7 memorandum. Task 6. Implementation activities and field work Field review repair work by contractor and provide direction for activities needed to repair creek banks and reestablish conditions that support the design intent. Repair work will include elements similar to the original 2013-14 construction, such as wrapped fill lifts using natural coir mesh, topsoil installation , placement of woody material, willow placement, and installation of select native plantings. Task 7. Prepare memorandum Consultant will prepare a memorandum that fully describes the activities that were implemented and is suitable for inclusion in the next monitoring report. Memorandum shall include photographs and a section view of the typical repair(s). Task 8. Project Management Consultant will provide project management and project administration as required. Pa ge 13 of 16 Ste vens Creek Phase 2 Bank Repair EXHIBIT B COMPENSATION Stevens Creek Corridor Phase 2 Bank Repair Basic Services Fee Estimate by task: Task 1 Task2 Task 3 Task4 Task 5 Task 6 Task 7 Task 8 Subtotal Reimbursable Expenses Reimbursable Expenses Allowance : $270 Mileage fees (assume 450 miles) Additional Services Additional Services Allowance: NTE $3,500 To be expended only upon advance City authori zation, in writing, for work outside the basic scope of services COMPENSATION SUMMARY Basic Services Reimbursable Expenses , Allowance Additional Services, Allowance TOT AL, Not to Exceed: Stevens Creek Phase 2 Bank Re pair Page 14 of 16 $ 2,040 2 ,380 560 560 1,120 11,310 2 ,370 780 $ 21,120 $21,120 $ 270 $3,5 00 $ 24.890 EXHIBITB continued FEE AND EXPENSES ESTIMATE Professional Fees Sr. Principal Principal Senior Staff Profes siona l Other Staff Prof es sional (Sokale} Senior Project Adm ini strator Senior Report Specialist H drolo ic Technician Ex enses Direct Expenses Mileage Mileage, 4-Whe e l Drive * No tes • 4WD ra tes apply only if required by site conditions. See Balance policy re 4WD. Rate $235 $200 $155 $140 $95 $85 80 450 miles @ miles @ Hours 0 26 48 58 2 2 0 $0 .60 $0 .63 Estimated Fee + Reimb. Expenses Additional Services Allowance TOTAL Labor Allocation $0 .00 $5 ,200 .00 $7,440 .00 $8 ,120.00 $190 .00 $1 70.00 0.00 Subtotal $21 , 120 .00 Expenses Subtotal $270.00 $0 .00 $270.00 $21,390 .00 $3,500 .00 $24,890 .00 Project-re lated expenses will be bill at cost p lus I 0%; including work by outside consultants and analytical o r testing laboratories. Page 15 of 16 Steven s Cree k Phase 2 Ba nk Re p a ir EXHIBITC SCHEDULE OF PERFORMANCE All creek bank repair work and related actions including field work shall be completed by June 30, 2017 unless otherwise acceptable to the City. City's intent is to implement activities as soon as practicable with intended implementation by June 2017. The memorandum describing the work shall be submitted to City by August 15 , 2017. Page 16 of 16 Stevens Creek Phase 2 Bank Repair Client#· 727 BALANHYDR ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 10/18/2016 THIS CERTIFICATE IS ISSUED AS A MATIER 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(ies) 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 ~~~!~cT Mandy Guo Dealey, Renton & Associates iA~gNJo Extl : 510 465-3090 I r..et No): 510 452-2193 P. 0. Box 12675 ~tD~~ss: mguo@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC # 510 465-3090 INSURER A: Travelers Property Casualty Co 25674 INSURED INSURER B: Hartford Accident & Indemnity 22357 Balance Hydrologies, Inc. INSURER c : American Automobile Ins. Co. 21849 800 Bancroft Way, Suite 101 INSURER D , Admiral Insurance Company 24856 Berkeley, CA 94710-2227 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAV E BEEN ISSUED TO THE INSURED NAMED A BOVE 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 A FF ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A LL THE TERMS , E XC LUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN M AY HAVE BEEN REDUCED BY PA ID CLAIMS. INSR TYPE OF INSURANCE [!',DDL SUBR POLICY NUMBER 1taM81Jyy1 1taM8rMY, LIMITS LTR INSR WVD A X COMMERCIAL GENERAL LIABILITY 6806H288826 10/26/2016 10/26/2017 EAC H OCCURRENCE s1 000 000 ~ D CLAIMS -MAD E ~ OCCUR ~~~~f§H9E~~~J~r?encel s1 000 000 f-- MED EXP (Any one person) s10 000 - PERSON AL & ADV INJURY s1 ,000,000 - GEN 'L AGGREGATE LIMIT APPLIES PER : GENERAL AGG REG ATE s2,000,000 ~ ~PRO-n LOC PRODUCTS -COMP/OP AGG s2,000,000 POLICY JECT OTHER : $ 8 AUTOMOBILE LIABILITY 57UEGPV2266 10/26/2016 10/26/2017 COMBIN ED SINGL E LIMIT s1,000,000 <Ea accidenn - X ANY AUTO BODILY INJURY (Per person) s ALL OWN ED ~ SCHEDULED BOOIL Y INJURY (Per accident) S -AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ ,__ s A 2 UMBRELLA LIAB ~ OCCUR CUP7384Y02A 10/26/2016 10/26/2017 EACH OCCURR ENCE s2 000 000 EXCESS LIAB CLA IMS-MADE AGGR EG ATE s2 000 000 OED I I RETEN TION s s C WORKERS COMPENSATION WZP81034526 08/31/2016 08/31/2017 X I PER I fO TH - AND EMPLOYERS ' LIABILITY I <::TATIITC' ER Y/N ANY PROPRIETOR/PARTNER/E XECUTI VE Cm E.L. EACH ACC IDENT s1 000 000 OFFIC ER/MEM BER EXC LUDED ? N N /A (Mandatory in NH) E.L. DISE AS E -EA EMPLOYEE s1 ,000,000 If yes , descri be under DESCRIPTION OF OPERAT IONS below E.L. DISE AS E -POLICY LIMIT s1 ,000,000 D Professional FEIECC2052602 10/26/2016 10/26/2017 $5,000,000 per Claim Liability $5,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Sc hedule, may be attached If more space is required) General Liability Policy excludes claims arising out of the performance of professional services. Balance No: 213119. The City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are additional insureds as respects to General & Automobile Liability per policy form wording. Such insuranceisPrimary & Non-Contributory. A Waiver of Subrogation applies to General, Automobile and workers compensation coverages. See attachments. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA TE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I JJt:r A.. ,.,, ,, -""'""-- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #51850070/M1850047 AZM POLICY NUMBER: 6806H288826 COMMERCIAL GENERAL LIABILITY ISSUE DATE : 10/26/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,. SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: City of Cupertino Attn: City Manager 10300 Torre Avenue Cuperti no , CA 95014 PROJECT/LOCATION OF COVERED OPERATIONS: SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS CONT: The City of Cupertino , its City Council, boards and commissions , officers , employees and volunteers PROVISIONS 1. The following is added to SECTION II -WHO IS AN INSURED: The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part , but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that , the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you . The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement . The insurance provided to such additional insured is limited as follows: e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance ". This endorsement does not increase the lim- its of insurance described in Section Ill -Lim- its Of Insurance . g. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to that additional insured ap- CG D3 82 09 15 © 2015 The Travelers Indemnity Company. All rights reserved . Page 1 of 2 Includes the co pyrighted material of Insurance Services Office, In c., with its permi ss ion COMMERCIAL GENERAL LIABILITY plies only to such "bodily i njury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or t he end of the pol icy period , whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the addit ional i.nsured shown in the Schedule above is excess over any valid and collect ible othe r insurance , whethe r primary , excess , contingent or on any other basis , that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requ iring insurance" that this in- surance provided to the additional insured under this Coverage Part must apply on a primary bas is or a primary and non-contributory basis , th is in - su rance is primary to other insurance available to the additional insured which covers that person or organ ization as a named insured for suc h loss , and we will not share with t he ot he r insu ran c e , provided that: (1) The "bodily i njury" or "property damage" for which coverage is sought occurs ; and (2) The "personal injury" for which cove rage is sought arises out of an offense committed ; after you have s igned that "written contract requir- ing insurance". But this insurance provided to the additional insured still is e xcess over va lid and collectib le other insurance , whether primary , ex- cess , contingent or on any other bas is , that is ava ilable to the additional insured when that per- son or organization is an addit ional insu red under any other insurance . 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS : We waive any r ight of recovery we may have against the add it ional insured shown in the Schedule above because of payments we make for "bodily inj ury", "property damage" or "personal injury" ar ising out of "your work " on or for the pro- ject, or at the location , shown in the Schedule above , performed by you or on your behalf, done under a "written contract requ iri ng insurance " w it h that person or organization . We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be - fore , and in effect when , the "bodily injury" or "property damage" occurs , or the "personal injury" offense is committed . 4. The follow ing defin ition is added to the DEFINI- TIONS Section : 'Written contract requiring insu rance" means that part of any writt en contract with t he pe rson or or- gani z ations shown in the Schedule above , under which you are required to include that person or o rgan ization as an addi t ional insured on th is Cov- e rage Part , provided that the "bodily injury" and "prop e rty damage" occurs and the "personal inju- ry " is caused by an offense committed : a . After you have signed that written contract ; b. While that part of the written contract is in ef- fect ; and c . Before the end of the policy period . Pag e 2 of 2 © 20 15 T he Tr ave lers Inde m nit y Com pany . A ll rig ht s reserve d . C G D3 82 091 5 Inc lud es the co pyrig hted mate ri al of Insura nce Services Office , In c., with its pe rm iss ion EXCERPTS FROM CA 00001 (1001) HARTFORD BUSINESS AUTO COVERAGE Insured: Balance Hydrologies , Inc . Policy Number:57UEGPV2266 Policy Effective Dates: 1012512016 Additional Insured: SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS CONT : The City of Cupertino , its City Council , boards and comm iss ions , officers , employees and volunteers Additional Insured: SECTION II -LIABILITY COVERAGE 1. WHO IS AN INSURED: The following are "insureds " c. Anyone liable for the conduct of an "insured" ... but only to the extent of that liability. Primary Insurance: SECTION IV -BUSINESS AUTO CONDITIONS B. General Conditions - 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don 't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract ". Cross Liability Clause: SECTION V -DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage . Except with respect to the Limit of Insurance , the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0302) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. WAIVER OF SUBROGATION -We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Insured : Balance Hydrologies , Inc . Policy Number: WZP81034526 Effective Date: 08/31/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration . % of the California workers' compensation premium Person or Organization City of Cupertino Attn : City Manager 10300 Torre Avenue Cupertino , CA 95014 Form WC 04 03 06 Process Date: SCHEDULE Job Description Waiver of subrogation in favor of: The City of Cupertino , its City Council , boards and commissions , officers , empl oyees and volunteers Countersigned by ~ C. • 7 Authorized Representative (1) Printed in U.S.A. Policy Expiration Date: