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18-218 Cotton Shires and Associates_Amendment #4 dated 10-16-25 for On call geologist
1 FOURTH AMENDMENT TO AGREEMENT 18-218 BETWEEN THE CITY OF CUPERTINO AND COTTON SHIRES & ASSOC, INC FOR ON-CALL GEOTECHNICAL REVIEW This Fourth Amendment to Agreement 18-218 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Cotton Shires & Assoc, Inc, a Corporation (“Contractor”) whose address is 330 Village Lane, Los Gatos, CA 95030-7218, and is made with reference to the following: RECITALS: A. On 10/2/2018 Agreement 18-218 (“Agreement”) was entered into by and between City and Contractor for on-call geotechnical review. B. On 3/16/2021, City and Contractor entered into a First Amendment to the Agreement. C. On 7/21/2022, City and Contractor entered into a Second Amendment to the Agreement. D. On 5/28/2024, City and Contractor entered into a Third Amendment to the Agreement. E. The Agreement and First Amendment, Second Amendment, and Third Amendment are collectively referred to as the “Agreement”, unless otherwise indicated. F. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and reinstated by this first Amendment. G. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. 3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract 2 Time. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order requ est. 2. Paragraph 4 of the Agreement is modified to read as follows: COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will be based upon actual costs but that will be capped so as not to exceed $210,000 ("Contract Price"), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. 3. Exhibit A of the Agreement is replaced with a new Exhibit A-3 attached hereto. 4. 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 3 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date COTTON SHIRES & ASSOC, INC By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Amount $80,000.00 FY18/19 2019-338 $20,000.00 FY19/20 2020-015 $20,000.00 FY20/21 2021-088 $20,000.00 FY21/22 $20,000.00 1st Amendment $10,000.00 2nd Amendment 2022-232 $40,000.00 3rd Amendment $40,000.00 4th Amendment $40,000.00 TOTAL $210,000.00 Principal Engineering Geologist 09/02/2025 Benjamin Fu Director of Community Development 10/15/2025 10/16/2025 July 28, 2025 Robert Dacanay Management Analyst CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT Cupertino, CA SUBJECT: Proposal for Contract Authorization, Fiscal Year 2025-2026 RE: Community Development Department Cupertino, CA Dear Robert, At your request Cotton, Shires and Associates, Inc. (CSA) is providing you with this proposal for professional peer review services for the fiscal year 2025-2026. It is our understanding that Community Development Department wishes to extend the contract authorization for CSA’s on call peer review services through the fiscal year ending in June 2026. Although we have no way of predicting the number of permit applications received by the City, based upon past experience, we estimate that $40,000 would be sufficient to cover our peer review services through the fiscal year 2026. The authorization would cover geologic and geotechnical peer review services, described as follows: 1. Performing peer review of geologic and geotechnical reports submitted in support of development applications, as well as for capital improvement projects; conducting field inspections; advising City staff regarding technical issues; addressing proposed development projects within Fault Rupture Hazard Zones; State mapped Landslide and Liquefaction Hazard Zones and other projects as directed by the City. SCHEDULE We are prepared to conduct our Geologic and Geotechnical Peer Review services immediately upon receiving authorization to proceed at the start of fiscal year 2025- 2026. Northern California Office Central California Office Southern California Office 646 University Avenue 6417 Dogtown Road 699 Hampshire Road, Suite 102 Los Gatos, CA 95032 San Andreas, CA 95249-9640 Thousand Oaks, CA 91361-2352 (408) 354-5542 (209) 736-4252 www.cottonshires.com (805) 370-8710 COTTON, SHIRES AND ASSOCIATES, INC. COTTON, SHIRES AND ASSOCIATES, INC. Robert Dacanay July 28, 2025 Page 2 FEE We propose to invoice you for our services monthly on a time-and-expenses, not- to-exceed basis in accordance with the attached Schedule of Charges. We estimate that our fees for the 2025-2026 peer review services would be $40,000. AGREEMENT If you agree with the Scope of Work, Schedule, and Fee outlined below, please sign one copy of this confirming agreement and return it to our office. We understand that this agreement will be included in a new Master Professional/Specialized Services Agreement with the City. We look forward to providing you with the professional services discussed above. If you have any questions, or need additional information, please contact us. Very truly yours, COTTON, SHIRES AND ASSOCIATES, INC. John M. Wallace Principal Engineering Geologist, CEG 1923 Reviewed By: Patrick O. Shires Senior Principal Geotechnical Engineer, GE 770 Approved and Authorized By Date Attachments: CSA Fee Schedule for On Call Geotechnical Peer Review COTTON, SHIRES AND ASSOCIATES, INC. Robert Dacanay July 28, 2025 Page 3 Cotton, Shires and Associates, Inc. FY 2025-2026 On Call Geotechnical Peer Review Consultation Fees* City of Cupertino Personnel Charges Principal Geologist/Engineer $215/hr Supervising Geologist/Engineer $195/hr Senior Geologist/Engineer $155/hr Staff Support/Clerical $85/hr Mileage $0.67/mile** *Fees will be updated annually based on local CPI ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: 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 COMPENSATIONAND 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 RENTEDCLAIMS-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 AGGJECT 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 LIMITDESCRIPTION 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/28/2025 License # 0E67768 (925) 660-3530 13056 Cotton, Shires and Associates, Inc. 646 University Avenue Los Gatos, CA 95032 A 2,000,000 PSB0006677 2/1/2025 2/1/2026 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000A PSA0002275 2/1/2025 2/1/2026 4,000,000A PSE0002888 2/1/2025 2/1/2026 4,000,000 A PSW0003773 2/1/2025 2/1/2026 1,000,000 1,000,000 1,000,000 A Professional Liab. RDP0057214 2/1/2025 Per Claim 2,000,000 A Professional Liab. RDP0057214 2/1/2025 2/1/2026 Aggregate 4,000,000 All operations of the Named Insured. General Liability: Please see Additional Insured Endorsement attached; such coverage is Primary & Non-Contributory, with Waiver of Subrogation and Per Project Aggregate included, as required by written contract. Auto Liability: Please see Additional Insured Endorsement attached, as required by written contract. Workers' Compensation: Waiver of Subrogation is included as per attached Waiver of Subrogation Endorsement, as required by written contract. GENERAL LIABILITY & AUTO LIABILITY ADDITIONAL INSURED INCLUDES THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Cupertino, its City Council, officers, officials, employees, and authorized agents, servants and authorized designated volunteers and/or as SEE ATTACHED ACORD 101 City of Cupertino 10300 Torre Avenue Cupertino, CA 95032 COTTSHI-01 SUMMANR IOA Insurance Services3875 Hopyard Road Suite 200Pleasanton, CA 94588 Tamatha Rogers-Barnett Tammy.Rogers@ioausa.com RLI Insurance Company X 2/1/2026 X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. IOA Insurance Services COTTSHI-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0E67768 1 SEE P 1 Cotton, Shires and Associates, Inc.646 University AvenueLos Gatos, CA 95032 SEE PAGE 1 SUMMANR 1 Description of Operations/Locations/Vehicles: required by written contract. General Liability Deductible: $0. Auto Liability Deductible: Comp $500/Coll $500. Excess Liability Deductible: $0. Worker's Compensation: $0. Professional Liability deductible per claim is $70,000. 30-day notice of cancellation is included per the policy provisions. !"#"$%#% & #'# ()*+,-./0 +,1 ,-(2 )3 -4 ,+(),5 /6 *2 7 8 5 6 ,3 +,0 ,3 .*(2 3 0 ,9 :6 6 7 8 ; <= > ? >' @ > >> ?= 'A & !B C D C C E F D C E G D H I D J E K L C D <E L H !<M +N O P Q R S P T 8 +,2 (*/-**2 8 U O V *W 3 X *X W R Y P Q > >? > >>? >?= &Z ?=A ?= = > @ [ ? 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' ?A b ' \ >] \[\ ? > & \ \ >>@ ?&] \ & ?'\ A b \ ' > [ ='[> ? ? & ?A ?=?=? &Z ?e F A @ ?= &=? A = =@ & >?> ?' ? ? & ?A ?== &Z ? ? >? ' ?= \ > ] \ \ ?> & \ [ ?= \ >>@ ?&] \'' ?? >e 3 6 6 /(),0 (,0 1 +3 -.2 /-.*(*/-+/9 ()*+5 /6 *2 7 0 ,1 3 *-:-2 )3 -4 ,.8 x y z {{{||}} ~€€ ‚y ƒ„…†‡ˆ ‰Š ‡‡‹„ˆ€†‡‚Œ ‹ ' Ž E &Z ?Ž ‘’“”•–—˜“™š ’›•”œ —š ”•ž “”•–“—™œ Ÿ ” š —˜˜”Ÿ ’›ž š —˜˜”Ÿ ”¡ ž š ’¢š —–’’ž š ¡œ £¡™•‘—›”¤’£¡¥’œ •ž š ž ’›¦¡œ •ž ¡œ £¦— ™œ •’’›ž ¡œ £¡ š ™§ ”Ÿ ¡¥’œ Ÿ ”’ž ˜›—¢¨‘—¢š ’›¢”•ž ¨” §’—§•¡”œ ’£¡œ £•‘’”›—˜˜”Ÿ ’›ž š —˜˜”Ÿ ”¡ ž š ’¢š —–’’ž š ¡œ £¡™•‘—›”¤’£ ¡¥’œ •ž š ž ’›¦¡œ •ž ¡œ £¦— ™œ •’’›ž Policy Number:RLI Insurance Company Named Insured: PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair – Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage – Loss Of Use L. Hired Car – Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition – Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage &RWWRQ6KLUHVDQG$VVRFLDWHV,QF 36$ PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any “employee” of yours is an “insured” while using a covered “auto” you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs is an “insured” for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in SECTION II – COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured’s own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the “bodily injury” or “property damage” occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV – BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 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 contract executed prior to any “accident” or “loss”, provided that the “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. E. Employee Hired Autos 1. The following is added to the SECTION II – COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee's” name, with your permission, while performing duties related to the conduct of your business. 2.Changes In General Conditions: Paragraph 5.b.of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b.For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own: (1) Any covered “auto” you lease, hire, rent or borrow; and (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee's” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. F. Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total “loss” to a covered “auto” shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the “loss”; 5(&29(5)520 ʝʝʝʝ 5/,,QVXUDQFH&RPSDQ\ $OOSHUVRQVRURUJDQL]DWLRQVWKDWDUHSDUW\WRDFRQWUDFWWKDW UHTXLUHV\RXWRREWDLQWKLVDJUHHPHQWSURYLGHG\RXH[HFXWHG WKHFRQWUDFWEHIRUHWKHORVV -REVSHUIRUPHGIRUDQ\SHUVRQRURUJDQL]DWLRQWKDW\RX KDYHDJUHHGZLWKLQDZULWWHQFRQWUDFWWRSURYLGHWKLV DJUHHPHQW 36: &RWWRQ6KLUHVDQG$VVRFLDWHV,QF ¤2001 National Council on Compensation Insurance, Inc. POLICY INFORMATION PAGE ENDORSEMENT The following item(s) Insured’s Name (WC 89 06 01) Insured’s Mailing Address (WC 89 06 05) Producer’s Name (WC 89 06 07) Insured’s Legal Status (WC 89 06 10) Premium change from taxes, fees and/or surcharges: Classifications Total Estimated Annual of Estimated Annual Premium All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by ________________________________ WC 89 06 00B (Ed. 7-01) x Add PPK 2108 05 11 RLIPack Notice Of Cancellation Or Nonrenewal - Designated Person Or Organization per attached. $0.00 12-09-2024 PSW0003773 Included Cotton, Shires and Associates, Inc. RLI Insurance Company Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PSW0003773 Cotton, Shires and Associates, Inc. City of Cupertino 10300 Torre Avenue Cupertino, CA 95032 30 Policy Number: RLI Insurance Company PPK 2103 06 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® CHANGE ENDORSEMENT Policy Number: Additional Premium: $______________ Named Insured: Return Premium: $______________ No Premium Change Endorsement Effective Date (12:01 a.m.):3UHPLXP FKDQJHIURPWD[HVIHHVDQGRUVXUFKDUJHV It is understood and agreed that this policy is amended as follows: 3UHPLXPFKDQJHQRWHGRQWKLVIRUPLVIRUWKLVSROLF\WHUPRQO\ $Q\DWWDFKHGGRFXPHQWVPD\LQFOXGHSUHPLXPDPRXQWVWKDWDUHDQQXDOL]HG ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSA0002275 PSA0002275 Cotton, Shires and Associates, Inc. X 12/09/2024 $0.00 Add PPK 2108 05 11 RLIPack Notice Of Cancellation Or Nonrenewal - Designated Person Or Organization per attached. Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PSA0002275 Cotton, Shires and Associates, Inc. City of Cupertino 10300 Torre Avenue Cupertino, CA 95032 30 Policy Number: RLI Insurance Company PPK 2103 06 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® CHANGE ENDORSEMENT Policy Number: Additional Premium: $______________ Named Insured: Return Premium: $______________ No Premium Change Endorsement Effective Date (12:01 a.m.):3UHPLXPFKDQJHIURPWD[HVIHHVDQGRUVXUFKDUJHV It is understood and agreed that this policy is amended as follows: ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PSB0006677 PSB0006677 Cotton, Shires and Associates, Inc.X Add PPK 2108 05 11 RLIPack Notice Of Cancellation Or Nonrenewal - Designated Person Or Organization per attached. 12/09/2024 $0.00 Premium change noted on this form is for this policy term only. ny attached documents may include premium amounts that are annualized. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 111 06 10 Page 1 Policy Number: PSB0006677 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESSOWNERS SUPPLEMENTAL DECLARATIONS – BUILDING AND LOCATIONS COVERAGES Businessowners Declarations PPB100 is amended to include: Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Effective Date: 12/09/2024 Location Address:646 University Avenue Los Gatos, CA 95030 Location: Primary Location Building: Building #1 Deductible: $500 Equipment Breakdown Deductible:$500 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Building Replacement Cost $0 Business Personal Property Replacement Cost $200,000 Location Level Additional Coverages Limits of Insurance Building Limit – Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income Waiting Period 0 Hour Waiting Period Extended Business Income 90 Days Utility Services – Direct Damage $25,000 Utility Services – Time Element $25,000 Water Backup and Sump Overflow $25,000 Equipment Breakdown Included ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 111 06 10 Page 2 Effective Date: 12/09/2024 Location Address:6417 Dogtown Road San Andreas, CA 95249 Location: Location #2 Building: Building #1 Deductible: $500 Equipment Breakdown Deductible:$500 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Building Replacement Cost $0 Business Personal Property Replacement Cost $26,832 Location Level Additional Coverages Limits of Insurance Building Limit – Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income Waiting Period 0 Hour Waiting Period Extended Business Income 90 Days Utility Services – Direct Damage $25,000 Utility Services – Time Element $25,000 Water Backup and Sump Overflow $25,000 Equipment Breakdown Included ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 111 06 10 Page 3 Effective Date: 12/09/2024 Location Address:320A N Santa Cruz Avenue Los Gatos, CA 95030 Location: Location #3 Building: Building #1 Deductible: $500 Equipment Breakdown Deductible:$500 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Building Replacement Cost $0 Business Personal Property Replacement Cost $16,348 Location Level Additional Coverages Limits of Insurance Building Limit – Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income Waiting Period 0 Hour Waiting Period Extended Business Income 90 Days Utility Services – Direct Damage $25,000 Utility Services – Time Element $25,000 Water Backup and Sump Overflow $25,000 Equipment Breakdown Included ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 111 06 10 Page 4 Effective Date: 12/09/2024 Location Address:437 University Ave Los Gatos, CA 95030 Location: Location #4 Building: Building #1 Deductible: $500 Equipment Breakdown Deductible:$500 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Building Replacement Cost $0 Business Personal Property Replacement Cost $27,951 Location Level Additional Coverages Limits of Insurance Building Limit – Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income Waiting Period 0 Hour Waiting Period Extended Business Income 90 Days Utility Services – Direct Damage $25,000 Utility Services – Time Element $25,000 Water Backup and Sump Overflow $25,000 Equipment Breakdown Included ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 111 06 10 Page 5 Effective Date: 12/09/2024 Location Address:699 Hampshire Road Suite 102 Thousand Oaks, CA 91361-2352 Location: Location #5 Building: Building #1 Deductible: $500 Equipment Breakdown Deductible:$500 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Building Replacement Cost $0 Business Personal Property Replacement Cost $75,000 Location Level Additional Coverages Limits of Insurance Building Limit – Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained Business Income Waiting Period 0 Hour Waiting Period Extended Business Income 90 Days Utility Services – Direct Damage $25,000 Utility Services – Time Element $25,000 Water Backup and Sump Overflow $25,000 Equipment Breakdown Included Policy Number: RLI Insurance Company Named Insured: PPK 2108 05 11 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® NOTICE OF CANCELLATION OR NONRENEWAL – DESIGNATED PERSON OR ORGANIZATION Schedule Designated Person or Organization: Email Address: US Mail Address: If we cancel or chose to nonrenew this policy for any reason other than nonpayment of premium we will provide written notice at least (___) days before the effective date of the cancellation or nonrenewal to the designated person or organization in the above schedule. Such notice will be sent via the US mail address or E-mail address listed above. Proof of mailing or e-mailing will be sufficient proof of notice. PSB0006677 Cotton, Shires and Associates, Inc. City of Cupertino 10300 Torre Avenue Cupertino, CA 95032 30 Insurance Requirements for Professional/Specialized Services Agreement 1 Version: May 2025 Contractor 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. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): with coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01, with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. 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 Contractor's policy shall allow and be endorsed "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and 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. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO Form Number CA 00 01 (or equivalent) covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non- Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the EXHIBIT C Insurance Requirements Professional/Specialized Services Agreement Insurance Requirements for Professional/Specialized Services Agreement 2 Version: May 2025 Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 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 each accident / disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and 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 basis 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Contractor’s CGL and automobile liability policies. General Liability coverage shall be in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11 85) or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms, if a later edition is used. Primary and Non-Contributory Coverage Except for Workers’ Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary with coverage at least as broad as the most recent edition of ISO CG 20 01 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of Contractor’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Contractor shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Contractor waives any right to subrogation against City/Additional Insureds for recovery of damages to the Insurance Requirements for Professional/Specialized Services Agreement 3 Version: May 2025 extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and volunteers. 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 (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Contractor 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 Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A-VII or higher. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City retains the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance required herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Higher Insurance Limits If Contractor 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 Contractor. 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. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. On call geologist Final Audit Report 2025-10-17 Created:2025-08-22 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAf_ZnKuF9pDDtYmGnHojjUxStzAn4ZiVE "On call geologist" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-08-22 - 6:19:39 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-08-22 - 6:22:29 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-08-22 - 6:22:36 PM GMT- IP address: 3.237.171.60 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-08-22 - 8:44:11 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to John Wallace (jwallace@cottonshires.com) for signature 2025-08-22 - 8:44:14 PM GMT Email viewed by John Wallace (jwallace@cottonshires.com) 2025-08-22 - 8:50:44 PM GMT- IP address: 146.75.154.1 New document URL requested by John Wallace (jwallace@cottonshires.com) 2025-09-02 - 4:16:53 PM GMT- IP address: 76.126.119.86 Email viewed by John Wallace (jwallace@cottonshires.com) 2025-09-02 - 4:17:26 PM GMT- IP address: 146.75.154.1 Document e-signed by John Wallace (jwallace@cottonshires.com) Signature Date: 2025-09-02 - 4:20:09 PM GMT - Time Source: server- IP address: 76.126.119.86 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-09-02 - 4:20:11 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-09-02 - 4:20:27 PM GMT- IP address: 44.200.94.122 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-09-02 - 5:04:22 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2025-09-02 - 5:04:24 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2025-09-02 - 5:04:37 PM GMT- IP address: 54.81.132.24 Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2025-10-16 - 8:51:07 PM GMT- IP address: 54.91.35.181 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2025-10-16 - 10:23:13 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-10-16 - 10:23:14 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-10-16 - 10:23:21 PM GMT- IP address: 35.171.228.236 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-10-17 - 0:15:42 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-10-17 - 0:15:42 AM GMT