No preview available
13-187 Jana Sokale, Consultant Service for the Parkside Trails ProjectNovember 27, 2013 Jana Sokale 7788 Hazelnut Drive Newark, CA 94560 Re: Agreement OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cuperritio.org Enclosed is a fully executed original copy of your agreement with the City of Cupertino. if you have any questions or need additional information, please contact the Community Development Department at (408) 777 -3308. Sincerely, Dorothy St nfott Senior Office Assistant cc: Planning Enclosure AGREEMENT BETWEEN THE CITY OF CUPERTINO AND JANA SOKALE PARKSIDE TRAILS PROTECT 1 S AGREEMENT, for reference dated October 30, 2013, is by and .._ between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and Jana Sokale Environmeni:al Planning, (a California corporation) whose address is 7788 Hazelnut Drive, 1`lewark, CA 94560 (herein after referred to as "Consultant "), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on October 30, 2013, and shall terminate on June 31, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSUL'.rANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed TWENTY EIGHT THOUSAND, TWO HUNDRED SEVENTY DOLLARS (28 2'70), which is included in Exhibit A and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 110 -2218 fund. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all :liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 10. INSURANCE:. On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' ComEensa.tion: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER.: Consultant agrees that vz the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional. insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 11. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as 'Report ", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information ;and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services tmder this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation, of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary,, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: Ci , of Cupertino 10300 Torre Ave Cupertino CA 95014 Attn: Gary Chao, City Planner All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Jana Sokale Environmental Planning 7788 Hazelnut Drive Newark, CA 94560 _ Attn: Jana Sokale 18. TERMINATION: In the event Consultant fails or re.Euses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 19. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 20. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 21. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 22. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, of condition contained herein, whether of the same or a different character. 23. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 24. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were :included herein. If through mistake or otherwise, any such provision is not 'inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either Party. 25. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Tana Sokale Environmental Planning y ,7 A-►1-)1A, SOKA -1-E Title Ourwn- Date WIS7713 EXPENDITURE DISTRIBUTION CITY OF CUPERTINO A Municipal Corporation f 4 Chao Title City Planner Date: October 30, 2013 APPR VED AS TO FORM: i. I3y_ ( � 'K Carol Korade, City Attorney ATTEST: f�jl Grace Schmidt, City Clerk ACCOUNT NUMBER AMOUNT 110 -2218 $28,270.00 PO # 05V S ':�)"olwll� EXHIBIT A Scope of Services and Compensation 1. Scope of Services: Consultant shall prepare a trail feasibility study and report for the Parkside Trails Project (the "Project "). 2. Compensation: City shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below. The compensation to be paid to Consultant under this Agreement for all services described Exhibit A and reimbursable expenses shall not exceed a total of Twenty Eight Thousand Two Hundred Seventy dollars ($28,270.00). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates: Principal Planner: $125.00/hour Environmental Planner: $65.00 /hour Principal Landscape Architect: $150.00/hour. Landscape Architect: $95.00/hour Title: Parkside Trails Feasibility Project and Report Invoices In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including a summary of work performed during that quarter, personnel who performed the services, hours worked, task(s) for which work was performed). Reimbursable Expenses Reimbursable expenses allowance, not to exceed Five Hundred dollars ($500.00). Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City's Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. r Jana S okale ENVIRONMENTAL PLANNING September 18, 2013 Mr. Simon Vuong, Associate Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Parkside Trails Feasibility Project Dear Mr. Vuong: I am pleased to submit this proposal for environmental planning services to assist Cupertino develop a detailed assessment of the planned Stevens Creek Trail through the proposed Parkside Trails Development properties. The purpose of this investigation is to provide Cupertino with a more current review of the land capabilities of the Parkside Trails properties and cost estimates for trail development through these lands. This proposal also includes landscape architecture services from Bruce Hill, Hill Associates, who will provide support to assess the trail corridor alignments and develop trail design solutions and budget estimates. It is my understanding Cotton, Shires and Associates will provide geotechnical expertise directly to Cupertino. This team worked together to prepare the 2002 Stevens Creek Trail Feasibility Report. We will work in close coordination to avoid any duplication of work tasks. We understand that the City would like a review of the entire trail alignment from McClellan Road into Linda Vista Park and through the quarry to Stevens Creek County Park and Fremont Older Open Space Preserve. It appears there are three areas along the 2002 trail alignment that require additional analysis based upon our site visit on June 10. The areas with particular challenges include: 1) The trail approach from Linda Vista Park that switchbacks down the steep northeast face of the quarry slope. 2) The trail connection to the Coyote Ridge Trail in Fremont Older Open Space Preserve that climbs from the floor of the quarry up the former quarry road bed intersecting the fire road along the ridgeline. Trail design elements that prohibit park visitors from accessing the flat bench above the vertical slope on the southwest face of the quarry and erosion issues need to be addressed. 3) A small segment of the proposed trail alignment to Stevens Creek County Park that passes by Stevens Creek on an elevated, eroding bank. This bank is near the mouth of the quarry. Trail design elements for this portion of the alignment should navigate park visitors away from this bank. We will address these specific areas as part of an overall review the trail feasibility and as an element of the potential property transfer. 7788 Hazelnut Drive Newark, California 94560 Office 510- 793 -3490 FAX 510 - 795 -1.533 Page 2 of 3 SCOPE OF WORK This proposal outlines Basic Services and provides a fee estimate to augment the trail feasibility study with a current assessment of land capabilities, trail design features and budget estimates for the Stevens Creek Trail from McClellan Road through the Parkside Trails properties with connections to Stevens Creek County Park and Fremont Older Open Space Preserve. The scope of work includes: 1. TECHNICAL STUDIES AND REGULATORY FRAMEWORK — Identify additional studies and outline the regulatory framework for trail development. A. Identify Areas of Interest for Regulatory and Resource Agencies with Regard to Environmental Review of Development Proposal Including a Potential Easement and /or Property Transfer — Identify potential sensitive species, wetlands, wildlife corridors, tree preservation policies, water quality concerns, historic water rights associated with property wells and erosion of quarry slopes and fire roads. B. Identify Other Technical Studies Needed to Assess the Trail and Potential Property Transfer — Identify technical studies that would support environmental review and may factor into the assessment of the development proposal and potential trail easements and/or property transfer. II. TRAIL ALIGNMENT FEASIBILITY AND CONCEPTUAL TRAIL DESIGN CONCEPTS — Expand upon the 2002' Stevens Creek Trail Feasibility Study to more precisely identify a potential trail alignment through the former quarry based upon the geotechnical recommendations to be provided by Cotton, Shires and Associates and concerns expressed by potential land managers in the event of a potential trail easement and /or property transfer. A. Conduct follow -up site visits, orie with Cotton, Shires and Associates B. Prepare preliminary trail alignment plans in collaboration with Cotton, Shires and Associates. Cotton, Shires and Associates will prepare a base map using Santa Clara Valley Water District LIDAR topography mapping. C. Prepare cross - sections in collaboration with Cotton, Shires and Associates. Prepare 6 to 10 cross - sections detailing trail design solutions through the quarry. 1. Haul Road from McClellan Road to Linda Vista Park 2. Access from Linda Vista to Quarry Saddle 3. Northeast Quarry Slope 4. Northeast Quarry Bencla 5. Quarry Floor 6. Southwest Quarry Road to Fire Road Connection to Fremont Older Open Space Preserve 7. Southwest Quarry Road Access Restrictions at Fire Road Junction 8. Trail along Stevens Creek Bank to Stevens Creek County Park D. Prepare Conceptual Budget Estimates — Develop trail budget estimates based on above cross - section details aild haul road details in the 2002 Stevens Creek Trail Feasibility Shidy. E. Meet with Cupertino, County .Parks and SCVWD staff to present the plans, cross - sections and budget estimates and receive input. Environmental Planning and Fund Development Page 3 of 3 F. Revise trail alignment plans, cross- sections and budget estimates based upon staff feedback. G. Attend meeting to review revised materials and determine next steps. III. TRAIL FEASIBILITY LETTER REPORT — Synthesize findings, drawings and cost estimates to prepare a trail feasibility letter report. The letter report will include a summary of the trail alignment, cross - sections, cost estimates, regulatory framework for trail development and future technical studies needed for environmental review. IV. COORDINATION MEETINGS, AS NEEDED — Attend meetings to review materials and determine next steps. A. Prepare for and attend four (4) additional meetings with City Staff and Parkside Trails Representatives and others to review work products. B. Prepare for and attend four (4) additional meetings to present findings of the feasibility study. SCHEDULE We will be able to complete the trail feasibility letter report within approximately eight weeks of receiving a notice to proceed. Completion of this study will be dependent upon receiving timely comments from County Parks, SCVWL► and Cupertino staff on the Draft Trail Feasibility Letter Report. FEE PROPOSAL The cost for basic services will not to exceed $27,770 without prior written authorization. A reimbursable expenses allowance of $500 is suggested. The total contract cost for the services described above will not exceed $28,270. The c=ity of Cupertino will be billed on a time and materials basis in accordance with the attached Fee Proposal (Exhibit A). We are prepared to start work immediately. If: there are any questions regarding this scope of work, please do not hesitate to contact me. Thank you for your consideration. Sincerely, Jana Sokale Principal Planner Environmental Planning and Fund Development J S� 1 J s0 N O Q O d d v LL `Q L m X w N c: r T L ti J o. c J J 0 v 0 .o. o. to to . . o..o. S g; w. M do .....o .... o. .o . .. u0 0 co 0 V• 0 O 0 V 0 co 0 p N c6 � O O O W .b N N c0 N N N p in O o O O C_ C C m w in p O O O $� O a U o o o N N a o �! co tH. N 6 N C E _ g wo ro y N o 0 °0 0 O O O p 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 o, 0. o Son N O • co 4 N N N .m N a0 N aD N V n M Y � O ..................... ... .. H ¢ F- .......... . •..•.....• Z V) J Z . S3i F t F¢ N • i E s Cl) Z O. w O { i gg rn w O a if o .. o a J >. # ; = 3 �i W a j d in p 1_ ( ~ w' 8 = i Ni i i { s i w� i F' J t m j U) s : a (D i Q F O 41 H a. J S i A 'L3 t 3 Q Sc° al Y { •m CS W E H o 1 Z. i w. 8.01 51 i as s e ¢ . m U { a�i{ i i �i h. Z 7� O u vii f : 'D Zi E Ni °-'' 3-°' LL i NS i 3 df7 w E r 7i US �{ cc iL f >i a3 i } of i n3: w3 v: i i i ¢ i q 2 ¢ ai ¢ N 7t CL GS W. o: { _: iai ni ¢ GCi { i m cco Z U a ri : mi Ei >: ¢ `i 3i W. ~ a oe �i Fmy- w i i i m Q : O �� 0 7C >: i E' >7 y C d Wj C' N. W. LL. N: i C: : .0{ Qj Cn Oi �•' ai c: TE O: U Oi L Ni �� N= { • ti �: mE • cu V: c t ' 0: a3• �' 7 oz m= E 7� Q3: m: C) N{ E: �i NE U7' 7 of E i`a: m cn: ' Y: e• : E tj {`- eo: ¢: �: o u) c. o: of cnni i of �s E w '3; N •p of a39 a�i3 a3: -' Zi U c. az ro V. m: tni ¢: O• i C, (i CCU • t y: �: C >{ __: «. m O:- ._ U �' Di l6i U �.. ): ( �i -01 m Q�S Ci a. �. E (L Z Ni V)� Cl) C: Z: 'm0 F: m? -0: U .0: N m{ me n o: cE y{ �: c{ ci E c_: n5 d: a: C Y 7i �i E° ccii o{ ESX3 c =a' v Qe lli �' ¢: E W m US: Qk L' c a3: m _ E' o: d m: m C ci 33_: ai 3 3 in U o m: o: m Q. CC m cmii F-: c= a>,S a>i m° m`i co: NE m: y EEF f SW t. C` o i f aiE E U a: a: ¢: di 1=:o : . U u�cji o ' Sd _¢ Lill F¢ N c: r T L ti J o. c J J 0 v 0 (6 to O CL O L. LLd N Q H m 2 X w :J E i Q T �n r. [i C E a ;J :J :J L SS So• SSS J M Ca0 '. r LS N' Q } N CC fA 6q w � uu'i cm w, .......... . ......... .. ................... ... • . .. .. .. o ° O N � ., Col O O N O O 0 O 6 a. N J° t9 O U N Q O O O O' co p S — _= 0 CV N O 0 V O p O p p O O OO O O f9 ' V (0 N V O p C C C • O O O O C) • O O .' O N 7.* O tn CO O � N N V) !A > W jOp N 00 �• p p o p' p � O p 00 N 0� N iO N N O O O N ° N co FA O N . ......... .... •0 t O �' Q i Q,' F W J Z. i Nz 0 N� o; N cr Z Co Q J W O~ W O~ W O Q 1j t CC Q W Q Q Z Q Q= Z. 7 y ¢ O w I c ¢ W¢ O w CO a f =O F H o Z: ! y Z: Q~ a ro: 1> J, = J ch Q • • U : :r: LL O , LL i o Yi O iaiiL• CL N Ni (L) > 3! 0 7 C1 C N i t •Cpi: N7� d . N: H Ci Zi q v, N d 0. di O '. t/i: LL LL Y to • O, O: a 'n . O O cE = J C.I C o L<Li Q Q m LL ' `1ti tU i 3 U w t0: y _ Q: •� to i N i to m�! t0 of -1 O• a�:? co N i :J E i Q T �n r. [i C E a ;J :J :J L CERTIFICATE OF LIABILITY INSURANCE DATE (11/19/201i3 11 / 19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 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,celtificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION.IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Leatzow- Insurance __ 500 W. Madison St. - Suite 3000 Chicago, IL 60661 CONTACT NAME Karen Bronson PHONE (312) 930 -5556 .,.FAX (866) 741 -2778 EMAIL ADDRESS karen @leatzowinsurance.com — — INSURER(S) AFFORDING COVERAGE. NAIC # ' INSURER A: New Hampshire Insurance Company 23841 INSURED Jana Sokale, Environmental Planning 7788 Hazelnut Drive Newark, CA 94560 INSURER B: LTR INSURER C: INSR INSURER D: INSURER E: (MM /DD /YYYYI INSURER F: ter, —A—C rRDTIPIr`ATF Nu InnRr P- RFVi. Iinm NIINARFR- 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM /DD /YYYY) (MM /DD /YYYYI GENERAL LIABILITY EACH OCCURRENCE S DAMAGE RENTED $ COMMERCIAL GENERAL LIABILITY ❑ ❑ (Earoccurrence) PREMISES S ( ❑- CLAIMS MADE OCCUR MED'EXP (Ari'y one person) $ . DOES NOT APPLY PERSONAL AND ADV INJURY S -. ... GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG Is I LIPOLICY F7 PROJECT LOC $ COMBINED SINGLE LIMIT S - - AUTOMOBILE LIABILITY : y -- (Ea accident) .,: _ ANY AUTO. Scheduled ,: on) BODILY �INJURY (Per pers S Autos DOES NOT APPLY BODILY INJURY (Per accident) S ❑ALL OWNED F1 Non -owned AUTOS Autos Hired Autos PROPERTY DAMAGE 5 ❑ (Per accident) 7[MBRELLA OCCUR ❑ ❑ EACH OCCURRENCE S H DOES NOT APPLY AGGREGATE- $ EXCESS LIAR CLAIMS -MADE DED ❑ RETENTION $ S WORKERS COMPENSATION - - -I'- -' ❑ STATIJ--- TOR Y LIMITS TOR ER AND EMPLOYERS' LIABILITY YIN F.L. EACH ACCIDENT Is ANY PROPRIETORIPARTNER /EXECUTIVE❑ NIA DOES NOT APPLY E.L. DISEASE - EA EMPLOYEE S OFFICER /MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT S 1,000,000 each claim A PROFESSIONAL LIABILITY 020452077 11/14/2013 11/14/2014 1,000;000 aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Parkside Tails Project CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Attn: Gary Chao EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 10300 Torre Avenue THE POLICY PROVISIONS. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE LEATZOW INSURANCE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACCORD name and logo are registered marks of ACORD