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22-007 Amendment # 1 dated 8-9-22 Terracon for Professional Design Services for Blackberry Farm Pool Improvements
FIRST AMENDMENT TO AGREEMENT 400 BETWEEN THE CITY OF CUPERTINO AND TERRACON CONSULTANTS, INC,, FOR PROFESSIONAL DESIGN SERVICES FOR BLACKBERRY FARM POOL IMPROVEMENTS This First Amendment to Agreement 400 between the City of Cupertino and Terracon Consultants, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Terracon Consultants, Inc., a Corporation (“Contractor”) whose address is P.O. Box 959673, St. Louis, MO 63195-9673, and is made with reference to the following: RECITALS: A. On January 10, 2022 Agreement 400 (“Agreement”) was entered into by and between City and Consultant for Professional Design Services for Blackberry Farm Pool Improvements. B. The City and the Consultant desire to continue Consultant’s services to the City under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and restated by this First Amendment. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on June 30, 2023, unless terminated earlier as provided herein (“Contract Time”). The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO TERRACON CONSULTANTS, INC. By By Title Title Date Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date: Senior Principal Aug 8, 2022 Christopher D. Jensen Director of Public Works Aug 9, 2022 Aug 9, 2022 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 ADDITIONAL 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 kctsu@lockton.com TERRACON CONSULTANTS, INC. 1981 N BROADWAY WALNUT CREEK CA 94596 Allied World Assurance Company (U.S.) Inc.19489 Lexington Insurance Company 19437 The Travelers Indemnity Company 25658 Travelers Property Casualty Co of America 25674 X X X CONTRACTUAL LIAB X XCU COVERAGE 2,000,000 1,000,000 25,000 1,000,000 4,000,000 4,000,000 X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX N X 1,000,000 1,000,000 1,000,000 CONTRACTORS POLLUTION LIAB PROFESSIONAL LIABILITY $10,000,000 EACH LOSS/AGGREGATE $2,000,000 EACH CLAIM/$2,000,000 AGGREGATE. A TC2J-CAP-131J3858.1/1/2022 4/1/2023 A TC2J-GLSA-9P529930 4/1/2022 4/1/2023 C 0312-6506 1/1/2021 4/1/2023 D 26030216 1/1/2022 4/1/2023 A UB-1T88663A-22 (AOS)4/1/2022 4/1/2023 B UB-1T885681 (AZ,MA,WI)4/1/2022 4/1/2023 NOT APPLICABLE 4/1/2023 1312892 Y Y Y Y Y 3/4/2022 N N 18024363 18024363 XXXXXXX CITY OF CUPERTINO ATTN: ALEX ACENAS 10300 TORRE AVE CUPERTINO CA 95014 RE: PBE206069; BLACKBERRY FARM POOL, 21979 SAN FERNANDO AVE, CUPERTINO, CA. CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON- CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION/ EMPLOYER’S LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. PROFESSIONAL LIABILITY RETROACTIVE DATE: FULL PRIOR ACTS. X See Attachments TERRACON CONSULTANTS, INC..; 1312892 18024363 CITY OF CUPERTINO 10300 TORRE AVE, CUPERTINO, CA 95014 Dear Valued Client: In our continuing effort to provide timely certificate delivery, Lockton Companies is utilizing paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via the email below and reference Certificate ID: 18024363. You must reference this Certificate ID number in order for us to complete this process. Certificate ID: 18024363 Email: kctsu@lockton.com Subject Line: TSU E-Delivery Signing up for this will NOT sign you up for any solicitation emails - your email will only be used to forward updated or renewal certificates direct from Lockton. The email you receive will look like this: If you no longer need this certificate, please contact us at the email address above, reference the Holder ID number and use this subject line: "Certificate Removal" NOTE: Please do NOT send certificate requests or other insurance inquiries to the email inbox above. Instead, use this email for inquiries: ICustomerInquiries@lockton.com Thank you for your cooperation. Lockton Companies Technical Services Unit Email / Mailing Update - Liability Certificates Attachment Code: D602147 Master ID: 1312892, Certificate ID: 18024363 POLICY NUMBER: TC2J-GLSA-1118L293 TC2J-GLSA-9P529930 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that: a.You agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part; and b.Has not been added as an additional insured for the same project by attachment of an endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a.Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b.Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the "Written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured - Owners, Lessees or Contractors - (Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; (2) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a)The Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b)Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured Owners, Lessees or Contractors - Completed Operations Miscellaneous Attachment: M482524 Certificate ID: 18024363 endorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies; or (3) If neither Paragraph (1) nor (2) above applies: (a)The person or organization is an additional insured only if, and 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; and (b)The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written contract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that "written contract requiring insurance". This endorsement will not increase the limits of insurance described in Section III - Limits Of Insurance. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (2)Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the additional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: Miscellaneous Attachment: M482524 Certificate ID: 18024363 (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 5. The following is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in¬jury" is caused by an offense committed, during the policy period and: a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. CG D6 04 08 13 Miscellaneous Attachment: M482524 Certificate ID: 18024363 POLICY NUMBER: TC2J-CAP-131J3858 COMMERCIAL AUTO ISSUE DATE: 01/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. PROVISIONS 1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II- COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions , of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance , this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule of Additional Insured Persons Or Organizations is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T6 00 02 16 Miscellaneous Attachment: M467648 Certificate ID: 18024363 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: TC2J-GLSA-1118L293 TC2J-GLSA-9P529930 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization for whom you have agreed in a written contract or agreement to waive your right of recovery, but only for payment we make because of: 1. "Bodily Injury" or "property damage" that occurs: or 2. "personal injury" or advertising injury" caused by an offense committed; after you have executed that contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 Page 1 of 1 Miscellaneous Attachment: M79272 Certificate ID: 18024363 COMMERCIAL AUTO POLICY #TC2J-CAP-131J3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 02 15 Miscellaneous Attachment: M451783 Certificate ID: 18024363 Policy Numbers: UB-6S387647-22-51R (AOS) UB-6S630271-22-51R (AZ, MA, WI) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY UB-1T88663A-22 (AOS) UB-1T885681 (AZ, MA, WI) ENDORSEMENT WC 00 03 13(00) 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 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.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: Any person or organization for which the Insured has agreed by written contract executed prior to loss to furnish this waiver. DESIGNATED ORGANIZATION: Any person or organization for which the Insured has agreed by written contract executed prior to loss to furnish this waiver. Miscellaneous Attachment: M451784 Certificate ID: 18024363 POLICY NUMBER: TC2J-GLSA-9P529930& TC2J-GLSA-1118L293 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days' Notice: 30 NAME: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL REDUCTION IN COVERAGE OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION, NONRENEWAL, OR MATERIAL LIMITATION OF THIS POLICY; AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US A.For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation endorsement applicable to this insurance, is increased to the number of days shown in the SCHEDULE above. B.For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state When We Do Not Renew (Nonrenewal) endorsement applicable to this insurance, is increased to the number of days shown in the SCHEDULE above. C.We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice with at least the Number of Days indication above before the effective date to our action. IL T3 54 03 98 Miscellaneous Attachment: M463695 Certificate ID: 18024363 POLICY NUMBER: TC2J-CAP-131J3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NAME: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR OF THIS POLICY; AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any statutorilly permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 Miscellaneous Attachment: M463694 Certificate ID: 18024363 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 POLICY NUMBER: UB-1T88663A-22 (AOS), UB-1T885681 (AZ, MA, WI) UB-6S387647-22-51R (AOS), UB-6S630271-22-51R (AZ, MA, WI) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS: Notice of Cancellation to Designated Persons or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address in at least the number of days shown for that person or organization before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US Number of Days' Notice 30 All other terms and conditions of this policy remain unchanged. Miscellaneous Attachment: M463692 Certificate ID: 18024363 Policy Number: ZUP-91M46583 Policy Type: Umbrella Liability THIS ENDORSEMENT CHANGES THEPOLICY. PLEASE READ IT CAREFULLY DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION:Number of Days Notice of Cancellation: 30 NON RENEWAL:Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: Any person or organization for whom you have agreed in a written contract that notice of cancellation or nonrenewal of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notices from us of the cancellation or nonrenewal of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement. PROVISIONS: A. If we cancel this policy for any statutory permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective daate of cancellation. B. If we decide to not renew this policy for any statutotily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above before the expiration date. IL T4 00 12 09 Miscellaneous Attachment: M463713 Certificate ID: 18024363 Professional Design Services for Blackberry Farm Pool Improvements 1 of 11 Design Professional Agr (Single) / October 2021 DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE) WITH TERRACON CONSULTANTS, INC. 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Terracon Consultants, Inc. (“Consultant”), a Corporation for Professional Design Services for Blackberry Farm Pool Improvements (“Project”), and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further 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 otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 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 authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions applicable to Basic Services, except and only to the extent otherwise specified by City in writing. All references to “Services” in the Agreement include Basic Services and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks, as further specified in this Agreement, the Scope of Services, and Consultant’s Proposal. Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2022, unless terminated earlier as provided herein (“Contract Time”). The City’s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 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 Parties adequate Professional Design Services for Blackberry Farm Pool Improvements 2 of 11 Design Professional Agr (Single) / October 2021 opportunity 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 (“NTP”), and must complete each task within the time specified in Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver 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 $56,000.00 (“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 permitted in excess of the Contract Price. 4.2 Basic Services. City will pay Consultant $46,000.00 (“Lump Sum Price”) for the complete and satisfactory performance 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, sub-Consultants’ 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 proportionate 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 $10,000.00 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 normal 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 overtime, or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (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 disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion 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 invoice must also include, for each day of Services provided: (i) name 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 thirty (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 permitted reimbursable expenses. Professional Design Services for Blackberry Farm Pool Improvements 3 of 11 Design Professional Agr (Single) / October 2021 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 sub- Consultants 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 sub-Consultants 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, if required by the Cupertino Municipal Code. 5.4 Sub-Consultants. Unless prior written approval from City is obtained, only Consultant’s employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants 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 sub-Consultants 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 Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City Professional Design Services for Blackberry Farm Pool Improvements 4 of 11 Design Professional Agr (Single) / October 2021 as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its sub-Consultants, 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 which is designated as confidential at the time of disclosure or which should reasonably have been known, by its nature, to be confidential and use 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. Nothing in this Agreement shall prevent Consultant from complying with a court order or subpoena. 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 property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub-Consultants 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 hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. 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 sub-Consultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City’s re-use or modification 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. Professional Design Services for Blackberry Farm Pool Improvements 5 of 11 Design Professional Agr (Single) / October 2021 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 (4) 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 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 8 survives the expiration/termination of this Agreement. 8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 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 fifty percent (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 (1) 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. Professional Design Services for Blackberry Farm Pool Improvements 6 of 11 Design Professional Agr (Single) / October 2021 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 as follows: a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Consultant”), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant’s indemnification and hold harmless obligation shall not exceed Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant. Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code. 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 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. Except as provided in subsections 11.1(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. Professional Design Services for Blackberry Farm Pool Improvements 7 of 11 Design Professional Agr (Single) / October 2021 Consultant’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. 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 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. 11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.5 This Section 11 shall survive 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. 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. Professional Design Services for Blackberry Farm Pool Improvements 8 of 11 Design Professional Agr (Single) / October 2021 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 it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 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 Title 2 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 13 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 Jo Anne Johnson, 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 James McClelland, 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. 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 Professional Design Services for Blackberry Farm Pool Improvements 9 of 11 Design Professional Agr (Single) / October 2021 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 all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (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, rules, 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, provided City continues to make undisputed payments. 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 18 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 21. ENTIRE AGREEMENT This Agreement represents 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 any term, clause, or provision of this main Professional Design Services for Blackberry Farm Pool Improvements 10 of 11 Design Professional Agr (Single) / October 2021 Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 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/PARTIAL INVALIDITY If any term or provision of this 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, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Jo Anne Johnson Email: joannej@cupertino.org To Consultant: Terracon Consultants, Inc. PO Box 959673 St. Louis, MO 63195-9673 Attention: James McClelland Email: James McClelland@terracon.com 27. 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 Professional Design Services for Blackberry Farm Pool Improvements 11 of 11 Design Professional Agr (Single) / October 2021 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. CITY OF CUPERTINO TERRACON CONSULTANTS, INC. A Municipal Corporation By Name Title Date By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Senior Principal Jan 7, 2022 Jeffrey Miller Christopher D. Jensen Jan 7, 2022 Acting Director of Public Works Chad Mosley Jan 10, 2022 Geotechnical ■ Environmental ■ Construction Materials ■ Facilities ■ Aquatics 1981 North Broadway Suite 385 Walnut Creek, California 94596 925.464.4600 November 12, 2021 Ms. Joanne Johnson Project Manager Public Works Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Phone: (408) 777-3245 Email: joannej@cupertino.org Regarding: Amended Proposal for Professional Aquatic Design Services Improvements to Blackberry Farm Swimming Pools - City of Cupertino, California Terracon No. PBE206069 Dear Ms. Johnson, Terracon Consultants, Inc. (Terracon) is pleased to have the opportunity to present this amended proposal for professional aquatic design services to the City of Cupertino (Client) for the proposed improvements at the Blackberry Farm Swimming Pools. Following is our understanding of the proposed Project and our proposed scope of services. Project The Client proposes to renovate its Blackberry Farm Swimming Pools. The total scope of the renovation is to be finalized. Client-desired improvements for the facility are envisioned to include: Lap pool re-plaster. Slide pool re-plaster. Deck and deck drainage improvements to comply with applicable codes. Accessibility (CBC Chapter 11B) compliance for the pools and bathhouse. The Project will be designed to conform with 2019 CBC Title 24, Chapter 31B (Public Swimming Pools), and other applicable codes. It is understood that the Project will follow a design-bid-build delivery method. Scope of Services Terracon proposes to provide the following professional aquatic design and engineering services to the Client for the Project as described above. Sanitary Sewer / Deck Drains Cross Connection Investigation 1. Terracon will review this item with the Client and discuss methodology for pinpointing the location of the deck drain - sanitary sewer cross connection. 2. Terracon will coordinate the solicitation of a proposal from an underground pipe locating service (Subtronic) to locate said cross connection. 3. Based on Subtronic’s findings, Terracon will discuss with the Client a suitable approach to correct the cross connection. Accessibility Compliance Assessment 1. The purpose of this assessment will be to document the accessibility of public areas of the site and buildings as defined by the California Building Code (CBC) Chapter 11B. An observation of the public areas of the building and site access will be performed during the review to determine whether general conformance with applicable requirements has been met. Terracon will evaluate existing accessibility features of Areas of Public Accommodation. EXHIBIT A SCOPE OF WORK Terracon Consultants, Inc. Blackberry Farm Limited Condition Assessment Proposal for Aquatics Design and Engineering Services November 12, 2021 Page 2 This proposal assumes that no Federal Funds are involved in the purchase / rehabilitation / lease payments at this facility that would require compliance with Uniform Federal Accessibility Standards. 2. We propose to perform measurements of representative constructed elements to determine conformance. We will make qualitative evaluations of force, stress, sound and lighting requirements. The survey will not include measurement of light levels. If we have concerns about specific items that may require additional investigation, Terracon will notify the Client accordingly. 3. The project’s scope of services shall include the following areas of the Blackberry Farm Aquatic Center, as discussed with the Client: ■ Public entrances and sidewalk directly in front of the main entrance ■ Interior accessible routes through the public areas of the store ■ Sales and service counters ■ Public restrooms ■ Employee restrooms ■ Employee breakrooms & offices ■ Fire Alarm systems, for the presence of visual alarm signals when audible alarms are present. ■ Parking spaces - nearest accessible spaces to the store entrance ■ Accessible routes to building entrances from closest accessible parking spaces. a. Verification of accessible public parking spaces and it’s elements, features, and functions such as access aisles, ramps, and communication features such as accessible identifications and signages, etc. b. Verification will include accessible route along the path of travel from closest accessible parking spaces to the entrance of the Aquatic Center. This portion of the assessment includes sidewalks, walks, pedestrian ways, ramps, curb or parallel ramps, handrails, communication features such as accessible identification and signages, etc.; c. Verification of the building entrances (main entrance only); d. Verification of the interior public spaces and common areas along the interior accessible routes and paths of travel and shall not be limited to lobbies, waiting areas, service desk, public restrooms, or other similar public rooms and spaces; e. Verification of the pools; 4. For projects undergoing or considering alterations according to 28 CFR § 35.151 Part 35 and for choosing which accessible elements to provide, priority shall be given to those elements that will provide the greatest access, in the following order: a. An accessible entrance; b. An accessible route to the altered area; c. At least one accessible restroom for each sex or a single unisex restroom; d. Accessible telephones; e. Accessible drinking fountains; f. When possible, additional accessible elements such as parking, storage, and alarms. 5. The analysis, comments, and recommendations presented in the final report will be limited to and based on the information collected as discussed in this proposal. Please note that Terracon is not responsible for the work of regulatory agencies or other third parties supplying information used in the compilation of Reports. Terracon Consultants, Inc. Blackberry Farm Limited Condition Assessment Proposal for Aquatics Design and Engineering Services November 12, 2021 Page 3 6. We will submit an electronically generated checklist-style report of our observations with necessary photos and narrative descriptions of findings (as appropriate) concerning components we identified as non-complying with ADA accessibility requirements, and our opinion of cost and recommendations to bring the conditions in question into conformance. 7. Our report will not conclude whether modifications are "readily achievable" or if they would be an "undue burden." This distinction involves consideration of the financial resources of the facility and/or the owning entity, a legal process which is beyond the scope of this work. The scope of this work will be to identify, but not prioritize, observed non-compliant items. Corrective Measures Construction Documents Phase Based on the assessments performed in Task 1 (piping cross connection) and Task 2 (accessibility), Terracon will perform the following services: 1. Terracon will meet with the City of Cupertino to review and determine the scope of corrective measures to be undertaken. 2. Based on the determinations made at the meeting, Terracon will prepare construction documents for permit, bidding, and construction. a. Piping Cross Connection: Documents will specify appropriate separation of the deck drainage and sanitary sewer piping. Such documents will be issued as a set distinct and separate from the accessibility corrections set and pool renovations set. b. Accessibility Compliance: Construction documents will address corrective measures to items identified in the accessibility assessment as out of compliance with CBC Chapter 11-B. For the purposes of this Proposal, it shall be understood that only items which do not require revisions or expansion of the respective buildings’ footprints will be addressed. Corrective measures requiring building shell alterations will be further reviewed with the City of Cupertino. c. Pool Renovation: The previously approved set (dated 10/4/19) will be reviewed for compliance with 2019 edition codes and possible re-submittal to governing jurisdictions for a new building permit. Agency Review Phase Services: 1. Terracon will submit construction documents and other applicable documentation (drawings, calculations, equipment cut sheets) to the governing agencies for application for the respective building permits. 2. Terracon will address comments provided by the reviewing agencies and ready the documents for the General Contractor(s) selected by the City of Cupertino to pull the permits. 3. Fees stated below are based on each reviewing agency providing complete review comments in their respective initial reviews. Supplemental comments from agencies not previously provided, requiring additional design revisions will be considered Additional Services. Bidding Phase Services: During the bidding phase, Terracon will assist the City of Cupertino as follows: 1. Attend one (1) pre-bid meeting at the Project site to review the scope of the Project and bidding procedures. 2. Respond to bidding general contractors' questions and substitution requests, and issue appropriate addenda and/or clarification. 3. Terracon will assist the City of Cupertino with review and analysis of submitted bids. 4. Rejection and re-bidding of the Project will be considered Additional Services. Terracon Consultants, Inc. Blackberry Farm Limited Condition Assessment Proposal for Aquatics Design and Engineering Services November 12, 2021 Page 4 Construction Administration Phase Services: During construction, Terracon will assist Seafirth with the following: 1. Attend pre-construction meetings (for the purposes of this Proposal, a maximum of 3), provide updated drawings which will include incorporation of all addenda into plans and specifications prior to the pre-construction conference. 2. Review of contractor's shop drawing and submittals. (Review of the Contractors’ substitution requests during construction will be considered Additional Services.) 3. Provide written clarification to the construction documents in response to the General Contractors’ written Requests for Information. 4. Provide site observation visits as appropriate to the progress of construction (for the purposes of this Proposal, a maximum of 10) and submit a report after each visit. Schedule Services will be initiated upon receipt of the written notice to proceed. The final Accessibility Compliance Assessment report will be submitted within five (5) days of the site visits assuming site access can be obtained within five (5) business days after the notice to proceed. In order to comply with the proposed schedule, please provide the following items at the time of notification to proceed or prior to our scheduled site visit: A signed Agreement for Services referencing this proposal and acceptance of this scope of services. Right of entry to conduct the assessment, including access to building interiors. Notification of any restrictions or special requirements (such as confidentiality, scheduling, or on- site safety requirements) regarding accessing the site. An accurate legal description and/or a diagram of the site such as a surveyor’s plat map or scaled architect’s drawing (if such diagrams exist). We require that an on-site contact person and other key individuals who may have knowledge of the history of the property be identified and made available during our site visit. If available, any building and site plans, land surveys, original construction plans and specifications, prior engineering reports and other appropriate documents prior to the site visit. We request that we retain such documents until the completion of our report. For the construction documents and subsequent phases, we estimate the schedule as follows: Construction Documents Phase 4 weeks Agency Review 8 weeks Bidding 4 weeks Construction 16 weeks Reliance The Accessibility Compliance Assessment report will be prepared for the exclusive use and reliance of the City of Cupertino. Reliance by any other party is prohibited without the written authorization of the Client and Terracon. If the Client is aware of additional parties that will require reliance on the report, the names, addresses, and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon may grant reliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request) and receipt of information requested in the Reliance Agreement. If, in the future, the Client and Terracon consent to reliance on the Accessibility Compliance Assessment report by a third party, Terracon may grant reliance upon receipt of a fully executed Reliance Agreement, requested information and receipt of an additional minimum fee of $500.00 per relying party. The Accessibility Compliance Assessment Report may be relied upon by you as a description of the observed current conditions of the building and site improvements, only as of the date of the report, and with the knowledge that there are certain limitations and exceptions within the report that are reflective of the scope of services as Terracon Consultants, Inc. Blackberry Farm Limited Condition Assessment Proposal for Aquatics Design and Engineering Services November 12, 2021 Page 5 defined in this Proposal. Any unauthorized reliance on or use of the report, including any of the information or conclusions, will be at the third party’s sole risk. For the same reasons, no warranties or representation, express or implied in the report, are made to any such third party. Reliance on the provided report by the Client and all authorized parties will be subject to the terms, conditions and limitations stated in the Agreement (and sections of this Proposal incorporated therein), the Reliance Agreement, and provided Report. The limitation of liability defined in the Agreement for Services is the aggregate limit of Terracon’s liability to the client and all relying parties. Scope and Report Limitations The findings and conclusions presented in the final report will be based on the site’s current utilization and the information collected as discussed in this Proposal. Please note that we do not warrant database or third party information (such as from interviewees) or regulatory agency information used in the compilation of reports. Assessments, such as the one proposed for this site, are of limited scope, are non-invasive, and cannot eliminate the potential hidden conditions are present beyond what is identified by the limited scope of these reports. In conducting the limited scope of services described herein, certain sources of information and public records will not be reviewed. It should be recognized that concerns may be documented in public records that are not reviewed. The Accessibility Compliance Assessment does not include invasive assessments or other services not particularly identified and discussed herein. No assessment can wholly eliminate uncertainty regarding the potential for hidden conditions. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made. The Accessibility Compliance Assessment will not address any other Federal or local laws and will remain focused on compliance with the California Building Code (CBC) Chapter 11B. When the requirements of the CBC conflict with the requirements of any other building codes, laws and regulations, the most restrictive requirements or to which provides greater access shall prevail. It is the property owner’s responsibility to comply with all Federal, State and Local codes and laws. This proposal assumes that no Federal Funds are involved in the purchase / rehabilitation / lease payments at this facility that would require compliance with Uniform Federal Accessibility Standards. This report is not considered, deemed, or used as a full or complete CASp survey, CASp report, or CRASCA report according to California Senate Bill (SB) 1608. See Scope of Services inclusions. The property owner shall be aware that the California Code of Regulations (CCR’s) enforces the California Building Standards Commission (CBSC) Title 24, which includes the California Existing Building Code, Title 24, Part 10. This title states when a subject property has been legal permitted and has received final inspection and/or occupancy approvals, that the subject property complies until alterations are engaged, to which then shall comply with the current enforceable CBC Chapter 11B, Section 11B-202.4 during the new alteration or new construction. Alterations that are engaged may therefore trigger compliance with the current enforceable CBC entirely, including CBC Chapter 11B-202.4 and Chapter 1 for permitting and inspections with the AHJ. An evaluation of significant data gaps will be based on the information available at the time of report issuance, and an evaluation of information received after the report issuance date may result in an alteration of our opinions and conclusions. We have no obligation to provide information obtained or discovered by us after the date of the report, or to perform any additional services, regardless of whether the information would affect any conclusions, recommendations, or opinions in the report. This disclaimer specifically applies to any information that has not been provided by the Client. Exclusions / Provided by Others 1. Assessment of facility operations; 2. Architectural and topographic survey; 3. Entitlement processing (e.g., design review, planning department or city council public hearings); 4. Civil engineering services; 5. Landscape architecture services (including design of all fencing, site furnishings, etc.); Terracon Consultants, Inc. Blackberry Farm Limited Condition Assessment Proposal for Aquatics Design and Engineering Services November 12, 2021 Page 6 6. Structural engineering services; 7. Fire protection engineering services (provided on a design build basis by the general contractor); 8. Hazardous waste testing, monitoring and/or contingency plan for both site and building demolition work; 9. Temporary or permanent shoring documents or coordination for any existing structures other than indication on construction documents; 10. Special Testing/Inspections; 11. Legal work, i.e.: parcel map, easements, lot line removal, radius maps, etc.; 12. Cost of all permits, plan check fees and any/all other related fees; 13. Environmental approvals. Compensation The basic fee for the above outlined services shall be $46,000.00, plus reimbursable expenses, broken down as follows: Task 1 - Cross Connection Investigation $ 1,200.00 Task 2 - Accessibility Compliance Assessment 4,800.00 Task 3 - Construction Documents Phase 12,000.00 Task 4 - Agency Review Phase 8,000.00 Task 5 - Bidding Phase 8,000.00 Task 6 - Construction Administration Phase 12,000.00 Total $ 46,000.00 Reimbursable expenses shall consist of travel expenses and personnel time for additional trips, all document printing and reproduction, postage and express mailings. The stated fees and expenses estimate will remain in effect for 90 days, after which it may be subject to adjustment in accordance with normal salary review practices of Terracon. Additional Services Services in addition to those enumerated in the scope of services above will be executed only upon prior written authorization upon an agreed upon amount of compensation. 1. Redesign of previously Client-directed or -approved documents. 2. Hazardous waste testing, monitoring and/or contingency plan for both site and building demolition work; 3. Any unforeseen condition exposed during excavation or demolition which requires drawing alteration or resulting in additional time or services and/or services required by any subsurface site conditions; e.g., inadequate soils or soil conditions requiring anything other than typical spread footings. 4. Services to comply with unprecedented or heretofore undocumented or unpublished Code interpretations; and discrepancies which occur between documents initially approved or disapproved by any governing agencies, and subsequently reversed by said governing agencies, field inspector on-site requirements and/or new agencies taking over jurisdiction, and such that time or services are required, including mediation and/or clarification. 5. Review of contractor’s substitution requests. 6. Multiple reviews of contractor’s submittals when not in conformance with the requirements of the construction documents or specifications. 7. Attendance at additional conference call meetings or site observation visits not specified above. Terracon Consultants, Inc. Blackberry Farm Limited Condition Assessment Proposal for Aquatics Design and Engineering Services November 12, 2021 Page 7 Opinion of Probable Construction Cost It is understood that Terracon’s expertise and standard of care do not include current control over the cost or availability of labor, equipment or materials, or over market conditions or the selected contractor’s method of pricing. For the scope of services provided under this Proposal, Terracon will rely on available market data in the preparation of an opinion of probable construction cost. Site Access and Safety Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the services and will execute any necessary site access agreement. Terracon will be responsible for supervision and site safety measures for its own employees but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s contractors, subcontractors, or other parties present at the site. In addition, Terracon retains the right to suspend services without penalty at any time it believes it is in the best interests of its employees or subconsultants to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Terracon related to Terracon’s pre-task planning and risk assessment processes. Client acknowledges its responsibility for notifying Terracon of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. Hourly Rate Schedule Principal: $275.00/hour Department Manager: $215.00/hour Senior Architect/Engineer: $215.00/hour Senior Project Manager: $170.00/hour Project Engineer: $170.00/hour Staff Engineer: $130.00/hour Revit Designer: $125.00/hour CAD Drafter: $110.00/hour Administration: $100.00/hour Mileage: 0.90/per mile Additional expenses billed at cost +20% (car/air/hotel) The rates and multiples set forth for the Hourly Rate Schedule shall be annually adjusted in accordance with normal salary review practices of Terracon. We thank you for the opportunity to submit this Proposal for your consideration. Terracon Consultants, Inc. By: James P. McClelland, AIA Aquatics Group Manager By: Jeffrey A. Miller Sr. Principal / Sr. Engineer Date: November 12, 2021 EXHIBIT B SCHEDULE OF PERFPRMANCE EXHIBIT C COMPENSATION Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1.Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a.It shall be a requirement 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 (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b.Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c.The limits of insurance required may be satisfied by a combination of primary 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 primary 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 CA 00 01 covering any auto (including owned, hired, and non-owned autos) 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 Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4.Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a.The Retroactive Date must be shown and must be before the Effective Date of the Contract. b.Insurance must be maintained for at least five (5) years after completion of the Services. c.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Sept. 2019 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’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 Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates 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 prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 ADDITIONAL 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 TERRACON CONSULTANTS, INC. 1981 N BROADWAY WALNUT CREEK CA 94596 Lexington Insurance Company 19437 The Travelers Indemnity Company 25658 Travelers Property Casualty Co of America 25674 X X X CONTRACTUAL LIAB X XCU COVERAGE 2,000,000 1,000,000 25,000 1,000,000 4,000,000 4,000,000 X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX N X 1,000,000 1,000,000 1,000,000 PROFESSIONAL LIABILITY $2,000,000 EACH CLAIM & $2,000,000 IN THE ANNUAL AGGREGATE. B TC2J-CAP-131J3858.1/1/2021 1/1/2022 B TC2J-GLSA-1118L293 1/1/2021 1/1/2022 A 26030216 1/1/2021 1/1/2022 B TC2J-UB-6N32541-0 (AOS)1/1/2021 1/1/2022 C TRK-UB-6N32384-6 (AZ,MA,WI)1/1/2021 1/1/2022 NOT APPLICABLE 1/1/2022 1312892 Y Y Y Y Y 11/30/2021 N N 18024363 18024363 XXXXXXX CITY OF CUPERTINO ATTN: ALEX ACENAS 10300 TORRE AVE CUPERTINO CA 95014 RE: PBE206069; BLACKBERRY FARM POOL, 21979 SAN FERNANDO AVE, CUPERTINO, CA. CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AGENTS, SERVANTS AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON- CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION/ EMPLOYER’S LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. PROFESSIONAL LIABILITY RETROACTIVE DATE: FULL PRIOR ACTS. X See Attachments POLICY NUMBER: TC2J-GLSA-1118L293 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that: a.You agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part; and b.Has not been added as an additional insured for the same project by attachment of an endorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a.Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b.Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the "Written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured - Owners, Lessees or Contractors - (Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; (2) If the "written contract requiring insurance" specifically requires you to provide additional insured coverage to that person or organization by the use of: (a)The Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b)Either or both of the following: the Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance Miscellaneous Attachment: M482524 Certificate ID: 18024363 of "your work" to which the "written contract requiring insurance" applies; or (3) If neither Paragraph (1) nor (2) above applies: (a)The person or organization is an additional insured only if, and 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; and (b)The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written contract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that "written contract requiring insurance". This endorsement will not increase the limits of insurance described in Section III - Limits Of Insurance. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (2)Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the additional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or Miscellaneous Attachment: M482524 Certificate ID: 18024363 offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 5. The following is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in¬jury" is caused by an offense committed, during the policy period and: a. After the signing and execution of the contract or agreement by you; and b. While that part of the contract or agreement is in effect. CG D6 04 08 13 Miscellaneous Attachment: M482524 Certificate ID: 18024363 POLICY NUMBER: TC2J-CAP-131J3858 COMMERCIAL AUTO ISSUE DATE: 01/01/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT. PROVISIONS 1. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II- COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph 5., Other Insurance, in B., General Conditions , of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance , this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule of Additional Insured Persons Or Organizations is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T6 00 02 16 Miscellaneous Attachment: M467648 Certificate ID: 18024363 Policy Number: TC2J-GLSA-1118L293 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person(s) or Organization(s): Any person or organization for whom you have agreed in a written contract or agreement to waive your right of recovery, but only for payments we make because of: 1. "Bodily injury" or "property damage" that occurs; or 2. "Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (section IV-Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Miscellaneous Attachment: M79272 Certificate ID: 18024363 COMMERCIAL AUTO POLICY #TC2J-CAP-131J3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others to Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 02 15 Miscellaneous Attachment: M451783 Certificate ID: 18024363 Policy Numbers: TRK-UB-6N32384-6 (AZ, MA, WI) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TC2J-UB-6N32541-0 (AOS)ENDORSEMENT WC 00 03 13(00) 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 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.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: Any person or organization for which the Insured has agreed by written contract executed prior to loss to furnish this waiver. DESIGNATED ORGANIZATION: Any person or organization for which the Insured has agreed by written contract executed prior to loss to furnish this waiver. Miscellaneous Attachment: M451784 Certificate ID: 18024363 POLICY NUMBER: TC2J-GLSA-1118L293 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days' Notice: 30 NAME: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL REDUCTION IN COVERAGE OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION, NONRENEWAL, OR MATERIAL LIMITATION OF THIS POLICY; AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US A.For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation endorsement applicable to this insurance, is increased to the number of days shown in the SCHEDULE above. B.For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state When We Do Not Renew (Nonrenewal) endorsement applicable to this insurance, is increased to the number of days shown in the SCHEDULE above. C.We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice with at least the Number of Days indication above before the effective date to our action. IL T3 54 03 98 Miscellaneous Attachment: M463695 Certificate ID: 18024363 POLICY NUMBER: TC2J-CAP-131J3858 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NAME: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1.YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR OF THIS POLICY; AND 2.WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any statutorilly permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 Miscellaneous Attachment: M463694 Certificate ID: 18024363 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 R3 POLICY NUMBER: TC2J-UB-6N32541-0-20 (AOS) & TRK-UB-6N32384-6 (AZ, MA, WI) NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX - CONDITIONS: Notice of Cancellation to Designated Persons or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address in at least the number of days shown for that person or organization before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION, OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR MATERIAL LIMITATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US Number of Days' Notice 30 All other terms and conditions of this policy remain unchanged. Miscellaneous Attachment: M463692 Certificate ID: 18024363 Policy Number: ZUP-91M46583 Policy Type: Umbrella Liability THIS ENDORSEMENT CHANGES THEPOLICY. PLEASE READ IT CAREFULLY DESIGNATED ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION:Number of Days Notice of Cancellation: 30 NON RENEWAL:Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: Any person or organization for whom you have agreed in a written contract that notice of cancellation or nonrenewal of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notices from us of the cancellation or nonrenewal of this policy; and 2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement. PROVISIONS: A. If we cancel this policy for any statutory permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective daate of cancellation. B. If we decide to not renew this policy for any statutotily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we will mail notice of nonrenewal to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for nonrenewal in the schedule above before the expiration date. IL T4 00 12 09 Miscellaneous Attachment: M463713 Certificate ID: 18024363 Terracon for BBF Pool Final Audit Report 2022-01-10 Created:2022-01-06 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAXKKWYBcLF2zOaRBM9s6_RNntdpRvQT1x "Terracon for BBF Pool" History Document created by Julia Kinst (juliak@cupertino.org) 2022-01-06 - 9:28:47 PM GMT- IP address: 216.198.111.214 Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2022-01-06 - 9:31:36 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-01-06 - 9:31:38 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-01-06 - 10:46:29 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Jeffrey Miller (jeffrey.miller@terracon.com) for signature 2022-01-06 - 10:46:32 PM GMT Email viewed by Jeffrey Miller (jeffrey.miller@terracon.com) 2022-01-06 - 11:13:52 PM GMT- IP address: 96.83.60.37 Document e-signed by Jeffrey Miller (jeffrey.miller@terracon.com) Signature Date: 2022-01-07 - 2:07:04 PM GMT - Time Source: server- IP address: 96.83.60.37 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-01-07 - 2:07:06 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-01-07 - 2:07:14 PM GMT- IP address: 104.28.123.177 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-01-07 - 5:00:38 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2022-01-07 - 5:00:41 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2022-01-07 - 5:10:25 PM GMT- IP address: 104.47.45.254 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2022-01-07 - 5:10:42 PM GMT - Time Source: server- IP address: 67.164.60.110 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-01-07 - 5:10:44 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-01-07 - 7:19:37 PM GMT- IP address: 104.28.111.221 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-01-10 - 6:19:25 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2022-01-10 - 6:19:25 PM GMT Terracon for Professional Design Services for Blackberry Farm Pool Improvements Final Audit Report 2022-08-09 Created:2022-08-08 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA3K9FeOf7i69nYWM6THwA2V7VCNqyBjb5 "Terracon for Professional Design Services for Blackberry Farm Pool Improvements" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-08-08 - 8:18:26 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2022-08-08 - 8:19:56 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2022-08-08 - 8:20:37 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-08-08 - 8:20:40 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-08-08 - 8:28:51 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Jeffrey Miller (jeffrey.miller@terracon.com) for signature 2022-08-08 - 8:28:53 PM GMT Email viewed by Jeffrey Miller (jeffrey.miller@terracon.com) 2022-08-08 - 8:43:07 PM GMT- IP address: 32.143.108.78 Document e-signed by Jeffrey Miller (jeffrey.miller@terracon.com) Signature Date: 2022-08-08 - 8:43:44 PM GMT - Time Source: server- IP address: 32.143.108.78 Document emailed to christopherj@cupertino.org for signature 2022-08-08 - 8:43:46 PM GMT Email viewed by christopherj@cupertino.org 2022-08-08 - 9:13:50 PM GMT- IP address: 104.47.73.254 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-08-08 - 9:14:07 PM GMT- IP address: 136.24.42.212 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-08-08 - 9:14:09 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Matt Morley (mattm@cupertino.org) for signature 2022-08-08 - 9:14:11 PM GMT Email viewed by Matt Morley (mattm@cupertino.org) 2022-08-09 - 4:23:38 PM GMT- IP address: 104.47.73.254 Document e-signed by Matt Morley (mattm@cupertino.org) Signature Date: 2022-08-09 - 4:24:18 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-08-09 - 4:24:22 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-08-09 - 7:30:55 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-08-09 - 7:31:03 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2022-08-09 - 7:31:03 PM GMT