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18-021 Verde Design, Inc., Preparation for an Inclusive Play Area Feasibility StudyCITY OF m DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE) WITH VERDE DESIGN, INC. CUPERTINO 1. PARTIES This Agreement is made and entered into as of _F_e_b_ru_a_ry~l_4~, _2_0_18 ____________ _ ("Effective Date"), by and between the City of Cupe1tino, a municipal corporation ("City"), and Verde Design, Inc. ("Consultant"), a Corporation for landscape architectural services relating to preparation of an Inclusive Play Area Feasibility Study ("Project"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set fo1th in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as fu1ther specified in Consultant's written Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto , or as othe1wise expressly rejected by City. 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services, or the Proposal ("Additional Services"). Additional Services must be autho1ized in writing by City and Consultant will not be paid for unauthmized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent othe1wise specified by City in writing. All references to "Services" in the Agreement include Basic Services and Additional Services, unless othe1wise stated in writing. The Services may be divided into separate sequential tasks, as fu1ther specified in this Agreement, the Scope of Services, and Consultant's Proposal. Consultant is solely responsible for its e1rnrs and omissions and those of its subconsultants, and must promptly co1Tect them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its e1Tors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30 , 2019 unless te1minated earlier as provided herein ("Contract Time"). 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Pmties adequate oppo1tunity to address or mitigate delays. If the Services are divided by tasks , Consultant must begin work on each separate task upon receiving City 's Notice to Proceed ("NTO"), and must complete each task within the time specified in Exhibit B. City Project In clusive Play Area Feas ibility Study Des ign Professional Agreement (s in g le) /Rev. Dec. 201 7 Pag e I of I 0 3.3 Time is of the essence for the perf01mance of all the Services . Consultant must have sufficient time , resource s, and qualified staff to deli v er the Services on time . 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Basic Services and Additional Services , if approved , a cumulative total amount that will be capped so as not to exceed $26,950 ("Contract Price"), as specified in Exhibit C, Compensation , attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant 's actual costs exceed the capped amount. No extra work or payment is pe1mitted in excess of the Contract Price . 4.2 Basic Services. City will pay Consultant$ 24 ,450 ("Lump Sum Price") for the complete and satisfactory perf01mance of the Basic Services in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses , including, but not limited to , subConsultant's costs , materials , supplies, equipment, travel , taxes , overhead and profit. If the Basic Services are not fully completed , Consultant will be compensated a percentage of the Lump Sum Price prop01iionate to the percentage of Basic Services that were completed to City 's reasonable satisfaction. 4.3 Additional Services. City has the discretion , but not the obligation, to authorize Additional Services up to an amount not to exceed$ 2 ,500 . Additional Services provided to City 's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis , Consultant will be compensated for actual costs only of n01mal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges , employee ove1iime , or travel to City offices or to the Project site . 4.4 Invoices and Payments. Monthly invoices must desc1ibe the Services completed and the amount due for the preceding month . City will pay Consultant within 30 days following receipt of a properly submitted and approved invoice for Services . The invoice must separately itemize and provide subtotals for Basic Services and Additional Services , and must state the percentage of completion for each task , as specified in Exhibit C. City will notify Consultant in writing of any disagreement s with the invoice or the stated percentage of completion of tasks . If the disagreement is unresolved , City will pay Consultant only for the undisputed po1iion of the Services . Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a . Time and Expenses . For Additional Services provided on an hourly basis , each in voice must also includ e, for each day of Services provided : (i) n ame and title of each person providing Services ; (ii) a succinct summary of the Services performed by each person; (iii) the time spent per person, in 30 minute increments ; (iv) the hourly billing rate or Sub- Consultant charge and payment due ; and (v) an itemized list with amounts and explanation for all pe1mitted reimbursable expenses . City Project Inclusive Play Area Fea s ibility Study Desig n Professiona l Ag reement (s i11 g le) !Rev. Dec. 20 17 Page 2 of I 0 b. Rates and Receipts. All hourly rates and reimbursable expenses must conform to the City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible, dated receipts for Reimbursable Expenses. 5. INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over the employment, direction , compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker 's compensation, retirement, or any City benefit. 5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its subConsultants that they have the qualifications and skills to perform the Services in a competent and professional manner, as exercised by design professionals performing similar services in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be performed as specified to City 's reasonable satisfaction. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any subConsultants that they are properly licensed , registered , and/or certified to perform the Services , as required by law, and that they have procured a valid City Business License. 5.4 SubConsultants. Unless prior written approval from City is obtained, only Consultant's employees and subConsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all subConsultants to furnish proof of insurance for workers ' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all subConsultants relative to the portion of their work. 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City 's request, Consultant will provide proof of payment and will indemnify City for any violations pursuant to the indemnity provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its SubConsultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY /CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use Ci ty Project Inclusive Play Area Feasibility Study Design Professional Agreement (single) /Rev. Dec. 20/7 P age 3 of 10 it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant in any product, memoranda, study, report, map, plan, drawing, specification , data, record , document , or other information or work, in any medium , prepared by Consultant under this Agreement ("Work Product"), will be the exclusive propetty of the City and shall not be shown to a third-party without prior written approval by City 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its SubConsultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire ", Consultant and SubConsultants hereby assign to City all copyrights to the Work Product when and as created . Consultant may retain copyrights to its standard details , but hereby grants City a perpetual , non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked , or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and its SubConsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City 's re-use of Work Product: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified , other documents must be in Microsoft Office applications and PDF formats . 8. RECORDS 8.1 Consultant must maintain complete , accurate, and detailed accounting records relating to the Services and Compensation , in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance, benchmarks and deliverables . The records and supporting documents must be kept separate from other files and maintained for a period of four years from the date of City 's final payment. 8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data , documents, proceedings, and activities related to this Agreement. If a supplemental examination or City Proj ect Inclus iv e Play A rea Feas ibility Study Design Professiona l Agree ment (s in gle) /Re v. Dec. 201 7 Page 4 of 10 audit of Consultant 's records discloses non-compliance with appropriate internal financial controls , a contract breach , or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section survives the expiration/termination of this Agreement. 9. ASSIGNMENT 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 will be null and void . Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision , control means 50% or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees. 10. PUBLICITY/ SIGNS Any publicity generated by Consultant for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City 's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers , press releases , posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted , exhibited or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City. 11. · INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City, its City Council , boards and commissions , officers , officials , employees, agents , servants, volunteers and consultants ( collectively, "Indemnitees"), as follows : a . Indemnity Obligations Subject to Civil Code Section 2782.8. With respect to the Services performed in connection with the Agreement, Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any and all liability, claims, actions , causes of action, demands or charges whatsoever against any Indemnitee, including any injury to or death of any person or damage to property or other liability of any nature ( collectively, "Liability"), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers , officials , employees, agents or SubConsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees, and all other costs and fees of litigation. In addition to its indemnity obligations , Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend , and hold harmless Indemnitees from and against any claim involving intellectual property, infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to , or relates to Consultant's City Proj ect Inclus ive Play Area Feasibility Study Design Prof essiona l Agreement (s in g le) /Re v. Dec. 201 7 P age 5 of 10 negligence , recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City 's choice, expert fees and all other costs and fees of litigation. c. Claims for Other Liability. For all other liabilities not included in provisions "b" and "c" above, Consultant shall indemnify , defend , and hold harmless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including any injury to or death of any person or damage to property, or other liability of any nature arising out of, pertaining to , or relating to the performance of this Agreement by Design Professional , its employees , officers , officials, agents or subconsultants , including liability based on breach of contract , obligations , or warranties , or any unauthorized use or disclosure of City 's confidential and proprietary information. 11.2 Consultant will assist City, at no additional cost, in the defense of any claim , dispute or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers ' Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 If this Agreement is entered into or amended on or after January 1, 2018, Consultant's duty to pay for any oflndemnitees' defense related costs will be limited to its proportionate share of fault , as determined by final decision by a court of competent jurisdiction, subject to any applicable exceptions in Civil Code section 2782.8. 11.4 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties , including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim , a purchase order, another transaction, litigation , or dispute resolution. Without waiving any rights , City may deduct money from Consultant's payments to cover moneys due to City. Section 11 survives expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type , amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform . Consultant is responsible for verifying the employment authorization of employees performing the Services , as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. City Proj ect Inclu s ive Play Area Feas ib ili ty St udy Des ign Professiona l Agree ment (s in gle) !Rev. Dec. 201 7 Page 6 of IO 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works " component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City 's Labor Compliance Program and with state labor laws pertaining to working days , overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more , Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race , religious creed , color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification . Consultant shall comply with all anti-discrimination laws, including Government Code Section 12900 and 11135 , and Labor Code Section . 1735, 1777 and 3077 .5. Consistent with City policy prohibiting, Consultant understands that harassment and discrimination by Consultant or any of its subConsultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section . 14. PROJECT COORDINATION 14.1 City Project Manager. The City 's Project Manager for all purposes under this Agreement will be Ms. Gail Seeds , who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City 's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be _M_r._C_o_r_b_in_S_c_h_ne_i_d_e_r _______ _ who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. City Project Inclus ive Play Area Feasibility Study Design Professional Agreement (single) /Rev. Dec. 2017 Page 7 of!O 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services . No close out work shall be conducted without City reasonable approval of closure costs , which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant 's final invoice reasonably approved by the City. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time , following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers al-I Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant's final invoice. 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are subject to all valid laws , orders, rul e s , and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises , Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration , the arbitrator 's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration , appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section survives the expiration/termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision . City's waiver of any breach shall not be deemed to constitute waiver of another term, provision , covenant or condition , or a subsequent breach , whether of the same or a different character. City Project Inclusive Play Area Feas ibility Study Des ign Prof ess iona l Agreement (s in gle) /Rev. Dec. 2017 Page 8 o f 10 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of the Parties , of every kind or nature, and supersedes any and all other agreements and understandings , either oral or written , between them . Any modification of this Agreement will be effective only if in writing and signed by each Party 's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between this main Agreement and the attachments or ex hibits thereto , the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings 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. 24 . SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of thi s Agreement, or their application to a particular situation , is found by the court to be void , invalid , illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling . All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein , survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices , requests and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery , the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid , regi stered or certified , or the next business day following electronic submission: To City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: JeffMilkes Email: jeffm@cupertino.org City Project Inclusive Play Area Feas ibility S tudy To Consultant: Verde Design , Inc . 2455 The Alameda , Suite 200 Santa Clara CA 95050 Attention: Corbin Schneide r E mail : corbin @verdedesigninc .com Design Professional Agreemen t (s ingle) /Rev. Dec. 201 7 Page 9 o f 10 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if it complies with the contract provisions of Cupertino Municipal Code Chapters 3 .22 and 3 .23 , is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right , power, and authority to enter into this Agreement and carry out all actions herein , and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts , each one of which is deemed an original and all of which , taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement. CONSULTANT Verde Design, Inc, By @= C7'vL-- Name Derek McKee Title Principal ate 2----/b -/fj Cupertino City Attorney G~CE SCHMIDT "l .-;)_ 7~/ O City Clerk c;,(.. City Proj ect Inclusive Play Area Feas ib ili ty Study CITY OF CUPERTINO A Municipal Corporation By ·2~~ 7 Name JeffMilkes Title Director of Rec. & Commty. Services Design Professional Agreement (s ingle) /Rev. Dec. 20 17 P age !Oof!O EXHIBIT A SCOPE OF SERVICES The City of Cupertino seeks consultant services to perform a feasibility study for creation of one or more inclusive play areas in Cupertino. This project will include three primary tasks. Task One will be a feasibility study of existing City parks, with additional evaluation of three sites ' ability to support an inclusive playground and its amenities and suppo,t facilities . These findings will help determine the most appropriate parks site(s) for inclusive playgrounds. Task Two will provide preliminary conceptual plans and draft cost estimate, and a presentation to the Parks and Recreation Commission or other group as directed. Task Three will be to provide materials to support grant applications and related purposes. Services will be as described below. TASK ONE -Feasibility Study Process A. Project Start-up 1. Establish files and documentation. 2. Receive all available data, maps, reports, and background information from the City 3. Obtain City documents relating to the possible sites and other requirements, standards, and regulations for development of the facilities. 4. Update and provide input on the milestone schedule with design team. 8 . Kick-OffMeeting 1. Meet with City staff to review the project intent, scope, project budget and timetable. 2. Identify roles and responsibilities of consultant team, and City staff. 3. Review or develop the project's goals and objectives with staff. 4. Review the existing park sites, proposed park improvements and steps toward input, consensus and development of the feasibility study, information gathering process and feasibility study. 5. Review proposed park amenities and considerations. 6. Include schedule for each phase of the study process and City review involvement. C. Site and Data Review 1. Review assembled park sites data, plans and historical information. 2. Conduct visits of potential sites, with City staff, to perform visual analysis and become familiar with existing conditions and constraints. D. Park Site Playground Design Objectives & Program Input 1. Develop and refine the project goals and objectives. 2. Provide matrix of site conditions, amenities, utilities, safety and facilities. 3. Generate a playground program and specific site uses list for the prioritized amenities. Exhibit A, Page l of 4 4. Recommend park sites for the inclusive playground and inclusion into the Citywide Parks and Recreation System Master Plan. E. Prepare the Draft and Final Feasibility Study. Tasks include: 1. Submit the Draft Feasibility Study 2. Meet with City staff, via teleconference is acceptable, to review comments and input on the Draft Feasibility Study 3. Revise and update the Draft Feasibility Study to incorporate City input 4. Submit Final Feasibility Study for City and secure approval prior to moving forward with Task Two Conceptual Plans The Feasibility Study document will include an overview of requirements of an all-inclusive playground , the content below , and a more detailed review of three of the City's parks , their size , relative condition and ability to include an all-inclusive playground . The Study will include but not be limited to : • Executive Summary • Park Sites reviews • Park Sites findings , including pros/cons and screening criteria list or matrix • Appropriate sites for an inclusive play area • Lessons learned from other inclusive play sites and projects • Conclusions & Recommendations The Study will address the following considerations : • Size and footprint Identify the minimum size, and a recommended size , for play area(s); and likely footprint(s). Parking, circulation, and restroom access will also be addressed in the footprint-see below. • Infrastructure Needs -identify and describe infrastructure needs and recommendations, including but not limited to: 1. Accessible restroom 2. Utilities (drainage, sewer, water, electrical service, irrigation system e.g.) 3 . Shade 4. L ighting 5 . Drinking fountain/amenities 6 . Other • Siting considerations -identi fy and describe considerations that would affect feasibility or desirability of a site for inclusive play , s uch as: 1. Existing mature tree proximity 2. Proximity to existing parking 3 . Compatibility with busy adjacent athletic facilities (tennis courts , softball field, soccer field e.g.) or other uses 4. Acoustic considerations (noise of adjacent sports, e .g.) Ex hibit A, Page 2 of 4 5. Other existing site use considerations (compatibility with large weekend festivals at Memorial Park, e.g.) • Expected Usage 1. Address likely visitorship, estimated 2 . Address whether the playground is expected to attract users regionally , estimated 3. Address whether presence of other existing or planned inclusive play areas in the region is expected to affect visitorship • Parking 1. Estimate expected parking demand . Address quantity of parking spaces needed, including quantity of accessible spaces. Address associated footprint/space needs and incorporate in footprint evaluation above. • Access 1. Vehicular access -evaluate whether the site should face on an arterial , collector or neighborhood connector street and/or be in close proximity, due to anticipated traffic demand 2. Public transportation access -note proximity of the site to public transit based on information provided by City. 3. Pedestrian/bicycle/non-vehicular access a. Address need for site circulation and pathways. Address need for access to accessible restrooms. Include in footprint evaluation above. b. Show proximity to bikeways based on information provided by City. c. Address Americans with Disabilities Act (ADA) considerations and 'whole access ' goals that may exceed ADA minimums to best serve the specialty clientele, and any other special access considerations. 4. Geographic location within Cupertino -note and discuss • Elements 1. Identify typical and recommended play elements and play use areas 2. Identify possible specialty elements and pros/cons • Maintenance Demand 1. Describe maintenance needs. Include protocols used by San Jose's Rotary PlayGarden, Palo Alto's Magical Bridge playground or other comparable sites. Such protocols may be included as an appendix. • Site Screenings, City Parks 1. Identify suitable sites in city parks and associated potential playground footprint a . Evaluate if it would fit in existing available space, or would displace existing use(s) (such as a soccer field, tennis court, etc.) 2. Parking/circulation/pathways/restroom footprint Exhibit A, Page 3 of 4 TASK TWO -Sample Conceptual Plans and Draft Costs for Inclusive Play Area A . Prepare Conceptual Plans 1. Based on observation data from the site walks, inventory matrix results , and input from the City, prepare two (2) sample conceptual playground plans. 2. Provide draft cost estimates based on the conceptual designs. 3 . Meet with City staff to review the sample conceptual plans and draft construction cost estimates to receive comments and input. 4. Revise the conceptual plans and estimates to incorporate input. B. Parks & Recreation Commission (PRC) Meeting 1. Assist the City and prepare presentation materials for a PRC meeting, or meeting with other group as requested. 2. Attend a Parks & Recreation Commission meeting, participate in presenting materials and information, and assist City staff. TASK THREE -Grant Application Materials A. Work with City to develop work products to assist with project grant applications and associated activity such as fundraising or outreach. Prepare supporting materials which incorporate input received at meetings above, including: 1. Graphics to communicate potential layout, potential design, potential key features 2. Plans and elevations 3. Site data 4. For major elements or features , sample images or cut sheets as requested PRODUCTS Verde Design will provide the following products as outlined in the above Scope of Services: A . 3 printed copies and 1 PDF of a Draft Feasibility Study Report for City review and comment B. 3 printed copies and 1 PDF ofFinal Feasibility Study Report; provide CAD files if CAD is used C. 1 printed copy and 1 PDF of Draft Sample Conceptual Study Plan and Draft Cost Estimate for City review and comment D . 1 Final Sample Conceptual Study Plan and Draft Cost Estimate for City review and comment E. lPDF and JPG copy of the Conceptual Plans F. lPDF and JPG of the Final Conceptual Plan G. 1 PDF copy of work products for grant applications H. 3 hard copies and PDF ofFinal Conceptual Study Report and Final Conceptual Plan I. Soft copies of all final work products (word/excel/publisher/photoshop/indd/illustrator e.g.) and of draft products on request. If CAD-based or GIS-compatible work is created it will be provided to City in that format also. Exhibit A, Page 4 of 4 EXHIBITB Schedule of Performance Inclusive Play Area Feasibility Study Services to be performed under this Agreement shall commence as of the effective date of this Agreement. Services relating to Task l shall be complete within 5 weeks of the execution of this Agreement, exclusive of City review time, unless otherwise acceptable to City. Services relating to Task 2 shall be complete within 2 weeks of commencement of this task upon City 's request, exclusive of City review time. Services relating to Task 3 shall be complete within 2 weeks of commencement of this task upon City 's request , exclusive of City review time. The service period and task timelines may be extended by City 's Project Manager, in writing, as long as such extension remains within the overall time of performance as defined in Section 3 of this Agreement, Time of Performance, subsection 3 . l. Exhibit C, Sc hedul e of Perfo rm ance Page I of I Basic Services EXHIBIT C COMPENSATION Inclusive Play Area Feasibility Study Services shall be provided at the rates noted in the attached Schedule of Charges for Consulting Services. The hourly fee shall include compensation for associated costs for tasks within the basic scope of services, but shall exclude costs for reimbursable expenses . Fee estimates by task are as follows : Task 1, A-C Task 1, D Task 1, E -F Task 2 Task 3 TOTAL Reimbursable Expenses $ 5,200 2 ,300 6,500 5,500 4,000 $23,500 A reimbursable expense allowance is included for customary reimbursable expenses. TOTAL REIMBURSABL E EXPENSE ALLOWANCE: NTE $950 Additional Services TOTAL ADDITIONAL SERVICES ALLOWANCE: NTE $2 ,500 To be expended only upon advance City authorization, in writing, for work outside the basic scope of services ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• COMPENSATION SUMMARY Basic Services Reimbursable Expenses Allowance Basic Services , Not to Exceed: Additional Services Allowance TOTAL CONTRACT, Not to Exceed: FEE PROPOSAL The cost for basic services will not to exceed $24,450 without prior written authorization. A $23 ,500 $ 950 $24,450 $2,500 $26,950 reimbursable expenses allowance of $950 is included. An allowance of $2 ,500 for additional services , to be expended upon written authorization by the City , is included. The total contract cost for the basic services plus reimbursable expenses plus any authorized additional service s will not exceed $26,950. The City of Cupertino will be billed on a time and materials basis in accordance with the attached Schedule of Charges for Con sulting Services . Exh ib it B, Compen sa ti on Page I o f 2 .. Verde Design, Inc. Charge Rate Schedule Effective until December 31, 2018 The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom. Project Rates Principal Project Manager /Construction Manager Level Four Level Three Level Two Level One IT Manager CAD Manager Project Designer Job Captain/Staff Engineer /Construction Administrator Draftsperson Level II Draftsperson Level I Project Administrator Intern Blueprints, Printing and Reproductions Sub Consultant Services Blueprints and Reproductions Photography Models and Renderings Postage/Overnight Mail Service Exhibit B, Compensati on Page 2 of2 Reimbursable Rates Reimbursable Expenses $21 5.00 per hour $200.00 per hour $1 80.00 per hour $1 60.00 per hour $145.00 per hour $1 60.00 per hour $1 55.00 per hour $1 35.00 per hour $1 30.00 per hour $1 1 5.00 per hour $11 0.00 per hour $80.00 per hour $70.00 per hour Cost plus 10% Cost plus 1 0% Travel Expenses Parking and Toll Expenses Permit Fees Courier Delivery Service .. EXHIBIT D Insurance Requirements Professional/Consulting Services Contracts Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the perfornrnnce and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors . MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad a s: I. Commercial General Liability (CGL): Insurance Services Office ("ISO") Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations , contractual liability, prope1iy damage, bodily injury, and personal and adve1iising injury with limits no less than $2,000,000 per occmTence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primaiy and non- contributory," will not seek contribution from City 's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primaiy and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a p1imary and non-contributory basis for the benefit of City before the City 's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Fonn Number CA 00 01 covering any auto (Code 1 ), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statuto1y Limits, and Employer's Liability Insurance of no less than $1,000,000 per occmTence for bodily injury or disease. (Not required if Contractor provides written verification it has no employees). 4 . Professional Liability. Insurance which includes coverage for professional acts, errors and omissions , with limits no less than $2,000,000 per occmTence or claim, $2 ,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher lin1its than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupe1iino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services Insuran ce R equirem ents for Profess ional/Con s ultin g Contra cts Vers ion: Nov 2 017 1 perfo1111ed by or on behalf of Contractor including materials , pmts , or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Forn1 CG 20 10 11 85 or ifnot available, tlu·ough the addition of both CG 20 10 , CG 20 26 , CG 20 33, or CG 20 38 ; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor 's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers , officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials , employees, or volunteers shall be excess of Contractor's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by vi1tue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor 's ability to pay losses and related investigations, claim administration and defense expenses within the retention . The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California , and each insurer must have an A.M. Best's financial strength rating of "A " or better and a financial size rating of "VII " or better. Claims Made Policies (applicable only to professional liabili ty) If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2 . Insurance must be maintained for at least five (5) years after completion of the Services. 3 . If coverage is canceled or non-renewed , and not replaced with another claims-made policy fo1111 with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original ce1tificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to conm1encing the Services. City retains the right to demand v erification of compliance at any time dming the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors . Insurance coverage shall not limit Contractor's duties to inde1m1ify , defend and hold City ha1111less. City reserves the ri ght to modify these requirements based on the nature of the risk , prior experience, ins urer, coverage or other special circum stances. In s uran ce R equirem ents f o r Pro(ess iona//Con s u/ti11 g Con tra cts Ve rs ion : Nov 201 7 2 Policy Number: various Date Entered : 6/16/2017 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/2/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDJTIONAL INSURED provisions or 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 ~~~~tcT Jennie Maltese Mary Barnard Insurance rtgN:o Extl: (408) 286-1334 / rM Nol: (408) 286-6425 2190 Stokes Street l~tf~~ss,j:nnie@barnardinsurance.com Suite 201 INSURER(S) AFFORDING COVERAGE NAlC# San Jose CA 95128 INSURER A : TRUCK INSURANCE EXCHANGE 21709 INSURED -Verde Design, Inc . INSURER B: T e chnol o gy Insurance Company 42376 -· INSURERC: ··--2455 THE ALAMEDA, SUITE 200 INSURER D : -SANTA CLARA, CA 95050-6037 INSURER E: IN SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THI S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LI STED BELOW HAVE BEEN IS SUED TO THE IN SURED NAMED A BOVE FO R THE POLICY PERIO D INDI CATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DO CUMENT WITH RE SPECT TO WHI CH THI S CERTIFIC ATE M.A.Y BE ISSUED OR MAY PERTA IN , THE INSU RA NCE AFFORDED BY THE POLI CIE S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EX CLU SIONS AND CON DITIO NS OF SU CH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU C ED BY PAID CLAIM S. INSR ADD L SUBR POLICY EFF POLICY EXP LTR TYPE OF IN SURAN CE INSD IWD POLICY NUMBER IMMIDD/YYYYl CMMIDD/YYYYl LIMITS A ~ COMMERCIAL GENERAL LIABILITY EAC H OCC URR ENC E / s 1, 0 0 0 , 00 0 D CLA IMS-MADE cg] OCC UR DAMAGETOREN TE0 ____ ,_1 000 000 605016326 6 /1 3 /2017 6/13/2 018 PREM ISES /E a cccurre ncel $ , , - -~~g __ EXP (Any one person) $10,00 0 PERSONAL & ADV INJURY $1 ,000,00 0 ~ GEN'L AGGREGATE LIM IT APP LI ES PE R: GENE RAL AGGREGATE $2,000,000 '-1 ~ PR~ D Loc ... PO LI CY JE CT PRO DUClS -CO MP/OP AGG $2,0 00,000 OTHE R: i -- $ AUTOM OBILE LIAB ILITY COMB IN ED SI NGLE LIMIT $1,000,000 {Ea aocide ntl _____ A [Z ANY AU TO BODILY JNJU RY (Per perso n) $ -· SC HEDUL ED -OWNE D 605016326 6 /13/2017 6/1 3/201El BODILY INJU RY (Per accidenl) $ AUTO S ONLY AUTOS B< HI RE D )\ NON-OWN ED PROP ERTY DA'MGE $ AU TOS ONLY AUTOS ONLY /Per accidenll $ A ~ UMBRELLA LIAS fX-j OCCUR EAC H OCC URRENCE $5,000,000 EXCESS LIAB CLA IMS-MADE 605016330 6/13/2017 6/13/2 018 AGGREGATE s 5,000,000 OED I I RE ;;~TION $ $ WORKERS COMPEN SATION I lX I ~ifnrn: I J OTH- AND EMPLO YERS' LIABILITY YIN _E_ ... B ANY PRO PRIETOR/PARTNER/EXECUTIVE [TI N/A TWC3634747 6/13/2017 6/1 3 /2 018 E.L. EACH ACC IDENT s 1,.000 I 000 OFFI CER/ME MBER EXCLUD ED? ·- {Mandato ry Jn NH) E.L. OJSE ASE -EA EM PLOYE E s l,000,000 If yes, desaibe unde r DES CRIPTI ON OF OP ERAT IONS below E.L. DISEAS E -POLI CY LI MIT s l,000,000 A Physical Damage 605016326 'o 6/1 3;2011 06 /13/2 018 Comp Ded. $500 Coll Ded. $500 DES CRIPTION OF OPERATIONS/ LO CAT IONS /VEHICL ES (A CORD 101, Additional Remark s Schedul e, may be atta ched ii more spac e Is requ ired) 30 days notice of cancellation; 10 days notice for nonpayment of premium UMBRELLA LIABILITY IS FOLLOW FORM OVER GENERAL LIABILITY/AUTO LIABILITY and EMPLOYERS LIABILITY. 'I'he city, its officers, officials, employees and volunteers ae to be covered a s addi tional insureds . Suc h ins urance is primary a nd includes a waiv er o f subrogati on CERTIFICATE HOLDER City of Cupertino Dept. of R e creatio n & Community Service s Quinlan Community Center 10185 North Stelling Road Cuper tino, CA 9 501 4 CANCELLATION SH OULD ANY OF THE ABOVE DE SCRIB ED POLICIES BE CANCELLED BEFORE THE EX PIRA TION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDAN CE WITH THE POLICY PROV ISIONS. AUTHORIZED REPRE S RD CORPORATION. All rights rese rve d . ACORD 25 (2016/03) The ACORD n a m e a nd logo are registe r e d marks of ACO Prod u ced usina Forms Boss Plus softwa re. wv,:w.FormsBoss.com : lmDress ive Publis hin a 8 00-208-1 977 Client#· 14483 VERDEDESI ACORD™ CERTIFICATE OF LIABILITY INSURANCE . , DATE (MM /DD/YYYY ) 1/17/2018 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 2R~F,cT Doris A. Chambers Dealey, Renton & Associates rlJgNJo Extl: 510 465-3090 I r..t2 . Nol: 510 452-2193 P. 0. Box 12675 it1D~§ss : dchambers@dealeyrenton.com Oakland, CA 94604-2675 INSURER($) AFFORDING COVERAGE NAIC# 510 465-3090 Julie L. Nelson INSURER A , Travelers Casualty & Surety Co. 31194 INSURED INSURER B : Verde Design, Inc. INSURER C : 2455 The Alameda, Suite 200 INSURER D : Santa Clara, CA 95050 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIF Y THAT THE POLICIES OF IN SURANC E LISTED BELOW HAVE BEEN ISSUED TO THE IN SURED NAME D ABOV E FOR THE PO LI CY PERIOD INDICATED . NOTWITHSTANDING ANY REQU IRE MENT, TERM OR CONDI TI ON OF ANY CO NTRACT OR OTHER DO CUM ENT WITH RESPEC T TO WH ICH THIS CERTIFI CATE MAY BE ISSUED OR MAY PE RTA IN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL T HE TE RMS, EXCLUSIONS AND CONDI TI ONS OF SUCH POLI CIES . LI MI TS SHOWN MAY HAVE BEEN REDUCED BY PA ID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLIC Y EXP LIMITS LTR INSR WVD POLICY NUMBER /MM/DD/YYYYl 1/MM/DD/YYYYl COMMERCIAL GENERAL LIABILITY EAC H OCCURRENC E s I CLAIMS -MAD E D OCC UR ~~~~@;H?E~~~J~~nce l s MED EXP (Any one person ) $ -PERSONAL & ADV INJ URY $ -GEN'L AGGREGAT E LIM IT APPLI ES PER: GENERAL AGGR EGATE $ ~ n PRO-n LOC POLICY _ JECT PRODUCTS -COMP/OP AGG $ OT HER : $ AUTOMOBILE LIABILITY COMBINED SINGLE LIM IT /Ea accident\ $ - ANY AU TO BODILY IN JURY (Pe r person) $ -ALL OWNE D H ""'"''" BO DIL Y INJURY (Per accident) $ -AUTOS AUTOS NON-OWNED PROPERTY DAMAG E $ HIRED AUTOS AU TOS /Per accident) -$ UMBRELLA LIAB H OCCUR EACH OCC URRE NC E s -EXCESS LIAB CLAIMS-MADE AG GREG ATE $ OED I I RETENTION $ $ WORKERS COMPENSATION l ~~~TIITF= I l ~JH -AND EMPLOYERS' LIABILITY Y/N t~~1t~~fMRd~1iw~~~rn1swt{ECUTI VEn N, A E.L. EAC H ACCID ENT $ ~, I E.L. DI SEAS E -EA EMPLOYE Ei $ (Mandatory in NH) If yes, desc rib e under E.L. DISEASE -POLIC Y LIMIT $ DES CR IPTION OF OPERATIONS below A Professional 106532568 06/13/2017 06/13/201 1 $2,000,000 pe, Claim Liability $4,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACO RD 101, Addit ional Remarks Schedule , may be attached if more space is requir ed) PROFESSIONAL LIABILITY RETRO DATE: Full Prior Acts X. 30 Day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCR IB ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Dept. of Recreation & Community Services ACCORDANCE WITH THE POLICY PROVISIONS. Quinlan Community Center 10185 North Stelling Road AUTHORIZ ED REPRESEN TAT IVE Cupertino, CA 95014 21L--, I © 1988-2014 ACORD CORPORATION. A ll rights reserved . ACORD 25 (201 4/01) _____ 1__, of 1 The ACORD name and lo go are r eg iste red marks of ACORD COMMERCIAL GENERAL LIABILITY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not force our right against the person or organization named in the · Schedule . (This agreement applies only to the extent that you perfonn work lmder a written contract that requires you to obtain this agreement from us.) Minimum Premium: $25 Schedule Person or Organization Job Description The City of Cupertino, its officers, officials, employees and volunteers ATTACHED TO AND FORMING A PART OF POLICY NO. 605016326 NAMED INSURED: Verde Design, Inc. POLICY NUMBER 605016326 COMMERCIAL GENERAL LIABILITY TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS --SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Cupertino, its officers, officials, employees and volunteei-s (Ifno entry appears above, information required to complete this endorsement wi11 be shown in the Declarations as applicable to this endorsement.) Who Is An In sured is amended to include as an additional insured the person(s) or organization(s) shov.m in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in patt, by "your work" at the location designated and described in the schedule of this endorsement pe1formed for that additional insured and included in the "pro ducts-completed operations hazard". It is agreed that this insurance is primaiy, and that any insurance issued to the additional insured applicable to a loss, other than that provided by this endorsement, shall be excess over this insurance, to the extent any insured, other than the additional insmed, is solely negligent for any liabilities, losses, claims, suits, judgments, injuries, costs and/or otherwise demands.