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17-166 PSOMAS Corporation, Cupertino Property Info Web ImprovementsCITY" OF II DESIGN PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS Corporation CUPERTINO 1. PARTIES This Agreement is made and entered into as of 1111 s/2011 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and PSOMAS a Corporation . ("Contractor") for Cupertino Property Info Web Improvements ("Project"). 2. SERVICES 2.1 Basic Services. Contractor agrees to provide the Basic Services for the Project, which are set f01th in detail in the Scope of Services, attached here and incmporated as Exhibit A, and as fmiher specified in Contractor's written Proposal as approved by City, except for any provision m the Proposal which conflicts or is inconsistent with this Agreement and-the Exhibits hereto, or as otherwise expressly rejected by City. 2.2 Additional Services. City may request at any time during the Contract Time that Contractor provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, tl1e Scope of Services, or the Proposal ("Additional Services"). Additional Services must be authorized in writing by City and Contractor 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 finiher specified in tlris Agreement,· the Scope of Services, and Contractor's Proposal. Contractor is solely responsible for its enors and omissions and those of its subcontrnctors, and must promptly correct them at its sole expense. Contractor must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its eITors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on _0_61_30_12_0_1_8 -----~ unless terminated earlier as provided herein ("Contract Time"). 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Contractor must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Contractor must begin work on each separate task upon receiving City's Notice to Proceed (''NTO"), and must complete each task within the time specified in Exhibit B. City Project Cupe1tino Prop erty Tufo Web lmprovemeuts Design Professional Agreement [Single Order) /R ev. Nov 3, 2017 P age 1 of 10 J 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory perfonnance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $ 24,530 ("Contract Price"), as specified in Exhibit C, Compensation, attached and incorporated here. This maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor'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 Contractor $ NIA ("Lump Sum Price") for the complete and satisfactory perfonnance 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, subcontractor's costs, materials, supplies, equipment, travel, taxes, overhead and profit. If the Basic Services are not fully completed, Contractor will be compensated a percentage of the Lump Smn 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$ NIA . 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 paia on an hourly basis, Contractor will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Contractor 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 Contractor within 30 days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Contractor in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is umesolved, City will pay Contractor 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 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. City Project Cupertino Property Info Web Improvements De.iign Professional Agreement [Single Orie,j/Rev. Nov 3, 2017 Page 2 of 10 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. 4.5 Time is of the essence for the perfmmance of the Services. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Failure to comply with the Schedule of Pe1fo1mance and these provisions may be deemed a material breach of this Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of the City. Contractor 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 Contractor inperfonning the Services. Contractor is not entitled to health benefits, worker's compensation, ret_irement, or any City benefit. 5.2 Contractor's Qualifications. Contractor wanants on behalf of itself and any subcontractors, that they have the qualifications and sldlls to perform the Services in a competent and professional manner and according to the highest standards and best practices for the Services in Contractor's industry. 5.3 Permits and Licenses. Contractor wrurnnts on behalf of itself and any subcontractors that they are properly licensed, registered, and/or certified to pe1fo1m the Services, as required by law, and that they have procured a valid City Business License . 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor. Any subcontractor approved shall be subject to the terms and conditions of this Agreement. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Contractor must pay income taxes on the money eamed under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for any violations pursuant to the indemnity provision of this Agreement. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential inf01mation 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. Contractor shall hold in confidence all City inf01mation and use it only to perfonn this Agreement. Contractor shall exercise the same standard of cru·e to protect City infmmation as a reasonably prudent contractor would use to protect its own proprietaiy data. aty Project Cup ertino Property Info Web Impro vements Design Professional Agreement [Single Order]!Rev. Nov 3, 2017 Page 3 of 10 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other infonnation or work, in any medium, prepared by Contractor under this Agreement ("Work Product"), will be the exclusive property of the City, and shall not be shown to a third-party without prior written approval by City. 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all of Contractor's Work Product is considered "works for hire" and all copyrights in such Work Product will be the prope1ty of City. Alternatively, Contractor assigns to City all the Work Product copyiights. Contractor ·may retain the copyi·ights to its standard details but hereby grants to City a perpetual, non-exclusive license to use such details in connection with the Services. 7.3 Patents and Licenses. Contractor 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 prope1ty 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 Contractor and its subcontra~tors to execute or implement any of the following: (a) The complete Contractor 's Services with other contractors or City forces; (b) To make additions to the Service; and/or (c) For other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product. All written Work Product required ( other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides, except for one single-sided original. Plans must be in CAD and PDF fonnats and other documents must be in Microsoft Office applications and PDF fonnats. · 8. RECORDS 8.1 Contractor must maintain complete and accurate accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Contractor's performance, benchmarks and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four years from the date of City's final payment. · 8.2 Contractor agrees to provide free and full access to its books and records to City or its agents. City will have the right to audit said records, make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If City conducts a supplemental examination or audit of Contractor's records, which 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 Contractor the costs of the supplemental examination. City Pl'ojcct Cupertino Property Info Web Improvements Design Professional Agreement [Single Order]!Rev. Nov 3, 2017 Page4 oflO 9. ASSIGNMENT Contractor 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 natw·e of Contractor as a legal entity requires City approval, which shall not be unreasonably withheld. For purposes ofthis provision, Control means 50% or more of the voting power of the business entity. This Agreement is binding on Contractor, its heirs, successors and permitted assignees. 10. PUBLICITY/ SIGNS Any publicity generateq by Contractor for the project under this Agreement, during the te1m of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper aiticles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor agrees to indemnify, defend and hold harmless City, . its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers. and consultants ("Indemnitees") as follows: 11.1 Indemnity Obligations Subject to Civil Code Section 2782.8. Contractor shall indemnify, defend, and hold harmless hldemnitees from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses, of every nature, including injury to or death of any person or damage to property, arising out of, pertaining to, or relating to the negligence, recldessness, or willful misconduct of Contractor, its employees, and its subcontractors. 11.2 Claims Involving Intellectual Property. Contractor shall indemnify, defend, and hold hannless Indemnitees from and against any claim involving intellectual prope11y, infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope11y rights, which arises out of, pe1tains to, or relates to Contractor's negligence, recklessness, or willful misconduct. 11.3 Claims for Other Liability. Contractor shall indemnify, defend, and hold harmless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including injury to or death of any person, damage to property, economic loss, or other liability of any nature that arise out of, pertain to, or relate to the perfmmance of this Agreement by Contractor, its employees, officers, officials, agents or subcontractors, in any manner relating to: ( a) Breach of contract, ,obligations, representations or wananties; (b) Negligent or willful acts or omissions committed during performance of the Services; City Project Cupertino Property Info Web Improvements Design Professional Agreement [Single Order]/Rev. Nov 3, 2017 Page S of 10 (c) Personal injury, property damage, or economic loss resulting from the Services of Contractor or its subcontractors; and ( d) Unauthorized use or disclosure of City's confidential and prop1ietary Infonnation; 11.4 Contractor must pay any costs City may incur in enforcing this provision. The costs and expenses for which Contractor is responsible include attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to litigation and dispute resolution. Contractor must accept a tender of defense upon receiving notice from City of a claim, in accordance with Public Contract Code Section 9201. At City's request, Contractor will assist City, at no additional cost, in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.5 Contractor's duties are not limited to the Contract Price, to workers' compensation claims, or to the insurance and bond coverage requirements of this Agreement. Nothing in this Agreement shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.6 Contractor's payments may deducted or offset to cover moneys due by City on a claim or counterclaim arising out of this Agreement, a purchase order, or any other transaction with Contractor. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D. Contractor must provide satisfactory proof of insurance and maintain said insurance for the dmation of the Agreement, or longer as required by City. City will not execute the Agreement until Contractor has submitted and City has 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. Failure to comply with this provision may result in City at its sole discretion and without notice purchasing insurance at Contractor's expense, deducting costs from payments to Contractor, or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to·perfo1m. Contractor is responsible for verifying the employment authorization of employees pe1forming the Services, as required by the Inunigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. In addition, if the Services include a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and all other applicable labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis ofrace, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Inunune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777 and 3077.5. City Project Cupertino Property Info Web Improvements Design Professional Agreement [Single Orde1]/Rev. Nov 3, 20 J 7 Page 6 of 10 Consistent with City policy prohibiting, Contractor understands that harassment and discrimination by Contractor or any of its subcontractors toward a job applicant, an employee, a City employee, or any other person is strictly prohibited and will not be tolerated. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws and regulations that govem this Agreement ~nd must avoid any conflict of interest in perfo1ming the Services. Contractor wairnnts 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. Contractor may be required to file a conflict of interest f01m if Contractor makes certain govenuuental decisions or serves in a staff capacity, as provided in Section 87100 of the Government Code and Section 18700 et seq. of the California Code of Regulations. Services may only be performed by persons who ai·e not employed by City and who do not have any contractual relationship with City, . with the exception of this Agreement. Contractor is familiar with and agrees to abide by the City's mies governing gifts to public officials and employees . 13.6 Remedies. Any violations of Section 13 constitutes a material breach of this Agreement and may result in City suspending payments, requiring reimbursements of payments ah·eady made, or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the rights provided under Section 11 . Contractor agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this provision. 14. PROJECT COORDINATION City Project Manager. The City assigns Ter i Gerhardt as the City's representative for all pmposes under this Agreement, with authority to oversee the progress and pe1fo1mance of the Scope of Services. City reserves the right to substitute another Project manager at any time, _and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Craig Gooch . -~-------as its single representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor's Project Manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and Schedule of Perfo1mance. Contractor must regularly update the City Project Manager about the progress and status of the Services and must promptly respond to City inquiries. Contractor must notify the City Project Manager of significant problems or concerns as they arise to enable timely resolution or mitigation of such problems. City written approval is required prior to Contractor substituting a new Project Manager, who must have sufficient knowledge of the required Services to fully assume the role. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thiliy (30) days written notice to Contractor. Contractor will be compensated for satisfactory Services perfonned through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. Prior to expending said time Contractor must present its job closure plans and costs for City approval. Such additional time may not City Project Cupertino Property Info Web Improvements Design Professional Agre emen t [Single Order]/R ev. Nov 3, _2017 Page 7of10 exceed ten percent (10%) of the total time expended to the date of abandonment. All charges approved by City will be paid within thi1ty (30) days of Contractor's final statement. 16. TERMINATION City may terminate this Agreement for cause or without cause, at any time; Contractor will be paid for satisfactory Services rendered th.rough the date of tennination, but final payment will not be made until . Contractor closes out the Services and delivers the Work Product, as required in this Agreement. 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of Califomia. Contractor 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, Contractor must continue to provide the Services pending resolution of the dispute. If the Patties 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 pa1ty will be entitled to reasonable attorney fees and costs, including any attorney fees and costs resulting from arbitration, appeal, or ei:iforcement of a judgment. This provision does not apply to legal actions initiated by Contractor. 19. THIRD PARTY BENEFICIARIES There are no intended third patty beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision. City's waiver of any breach of any contract term, covenan,t, or condition will not be deemed to be a waiver of any subsequent breach of the same or any other tenn, covenant, or condition, whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of the Patties, 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 Pru.ty's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. Qty Pt·oject Cupertino Proper ty Info Web Improvements Design Professional Agreement [Single Order]/Rev. Nov 3, 2017 Page 8 of 10 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed. to be included and will be itue11"ed herein. 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 paii of the Agreement and in no way affect, limit, or amplify the tenns or provisions ofthis Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a paiiicular situation, is found by the comi to be void, invalid, illegal or unenforceable, such te1m or provision shall remain in force and effect to the extent allowed by such ruling. All other tenns 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 lin1itation the duty to indemnify, defend and hold City harmless, errors and omissions, ownership of materials and Work Product, records requirements, goveming law, venue and dispute resolution requirement, and attorney fees shall survive this Agreement and will remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent to the persons below in wliting to the persons below, and will be considered effective on the date of personal delivery, the delive1y date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ce1tified, or the next business day following electronic submission: To City of Cupertino 10300 To1w Ave. Cupertino CA 95014 Attention: Teri Gerhardt Email: terig@cupertino.org 27. VALIDITY OF CONTRACT To Contractor: PSOMAS -------------505 14th Street, Suite 900 Oakland, CA 94612 Attention: Craig Gooch Email: cgooch@psomas.com This Agreement is valid and enforceable only ifit complies with the contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, is signed by the City Manager or authorized designee, and is approved for fo1m by the City Attmney's Office. City Project Cupertino Properly Info Web Improvements · Design Professional Agreement [SiJ'Jgle Order]/Rev; Nov 3, 2017 Pagc,9of10 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor 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 Contractor. This Agreement may be executed in counterpm1s, 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. CONTRACTOR <N arne of Contractor> I 1 By ~~ AvinL, Name Craig Gooch Title Vice President ----------- D at e_~D~e~c~e~rn~b~e~r ~7~2 ~0~17~-- Taxl.D. No.: 95-2863554 Cupe11ino City Attorney AlTEST: ~ 634tL , . di= G~CE SCH~/)..-/; City Clerk City Project Cupertino Property Info Web Improvements CITY OF CUPERTINO A Municipal Corporation By~~- Name ..,6..,, A//,~.ee'- Title C'";:-rl Date l/·2P·/·r Design Professional Agreement[Single Order]!Rev. Nov 3, 2017 Page 10 oflO October 18, 2017 Teri Gerhardt GIS Manager, GISP City of Cupertino Exhibit A Subject: Cupertino Property Info Web Map Improvements Proposal Dear: Ms. Gerhardt Balanclng Iha Natural and Bull! Environment Per your direction, this memorandum presents Psomas' proposal to provide the City of Cupertino with The City of Cupertino is looking for additional functionality to the City's existing Property Info Web Map that is built on ESRI web app builder application. This document describe our understanding of the City's needs and desires, our recommendations and proposal scope of service with corresponding budget and schedule. Project Understanding Based on Psomas' finding from the discovery meeting with the City and subsequent review of the requirements provided by the City the following represents the City's requirements for the project: Scope of Services Task 1 Project Initiation Psomas will conduct a one hour Web based kickoff meeting to review project schedule and scope of work and to assure a common understanding of the project approach and outcomes. Task 2 Web Map Development Psomas will develop the following tools for the City's Property Info Web Map using Esri Web App Builder. The Accordion content for data categories will be implemented with a customer web app builder widget. The print reports will be implemented using a custom web app builder widget. The Show Parcel Number on Mouse Hover functionality will be implemented by developing custom code forAGOL. Psomas will purchase and implement for the City a third party Mail Label Widget for use in the City's Property Info W eh Map. 1500 Iowa Avenue Suite 210 Riverside, CA 92507-2179 Tel 951 .787.8421 Fax 951.682.3379 www.Psomas .com Property Info Web Map Page 2 of5 October 18, 2017 City of Cupertino Task 3 Technical Support and Training Psomas will provide up to 16 hours of technical support and training to assist the City in implementing the following functionality: Navigation Capabilities • Zoom Bar • Full Extent • Previous Extent • Zoom In/Out (tools, keyboard shortcuts, & zoom bar) • Pan tool & pan buttons (N, S, E, W) Basic Functions • Scale Bar • Overview map • No Login Control Necessary • Selection parcel data by point, line, rectangle and have the ability to select multiple parcels at one time • Clean, configurable print reports: Option to include Map, Legend, and Property Details • Map Layer Control: The map layer control offers users the ability to toggle layers on or off, control transparency, and review metadata about the layer, Additionally, users will be able to toggle between basemap and the legend. • Identify Tool: The Identify tool allows the user to click and retrieve attribute values in a results dialog. The features and attributes returned are controlled through configuration by an administrator. If there are multiple features stacked the tool will return the attributes configured to display for each feature • Measure Tool • Markup Tool • Parcel number displays on hover • All addresses are listed when multiple addresses are in one parcel. • Attribute Table list • Resizable side panel Searches: • Quick Search -User will be able to perform quick searches or canned searches for Address, Parcel, Owner, and Inter section. Auto complete functionality will be enabled for all quick searches. As users key in the criteria a dialog box will appear with matching results. • Spatial Search -Ability to select multiple parcels using the cursor. Property Info Web Map Page 3 of 5 October 18, 2017 City of Cupertino • Buffer Search -Establish a buffer from selected feature/s at user specified distance and predefined option of 300ft. The user can identify the features they want to buffer to select from a configurable drop-down list. Share Map Using • Facebook • Twitter • Email Mobile Compatible • IOS • Android Sincerely, PSOMAS Marcia Carrillo Senior Project Manager Property Info Web Map Page 5 of5 October 18, 2017 City of Cupertino Exhibit B: Presented below is the planning level schedule to preform and Implement the scope of work defined in this document . i Task Name City of Cupertino · Information Web Map Project Initiation Kickoff meeting Web Map Development Accordion Content Function Clean and Configurable Print Reports Parcel Number on Hover The Mailing Label Widget · Training and Support Technical Support and Training Project Management Biweekly Meeting Monthly Status Report Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Property Info Web Map Page 4 of5 October 18, 2017 City of Cupertino Exhibit C: Project Fee Presented below is the estimated project fee based on the scope of work presented in this document ID Task Hours Labor.C ost Direct Cost Total Cost 1 Project lnftfa_tlon 1.1 Kfcl<olf meelin 2 $450 $0 $450 Task 1 Total 2 $460 $0 $460 2 Webmop Development 2.1 Accordian Content Function 42 $7,600 so $7,600 2.2 . Clean 1111d Configurable Print Reports 42 $7,600 ~ $7,600 2.3 l>arcel Number on Hover . . 25 $4:s20 $500 SS,020 2.4 . The ~iaffing Label Widget $180 so $180 Task 2Total 110 $19,900 $600 $20(100 J, Tralnlni, imd S_upport 3.1 .Train ing 9 $1,640 $0 $1,640 3.2 . Technical Sup ort 9 $(640 ·so 31,640 Task3Total 18 $3,280 so SJ,280 4 Pro)ec! "1an_apement 4:1 Weekly status moelings $200 $0 $200 4.2 Mo_nlhly project reports $200 $0 $200 (·.· ' ProJ,;ct To~al . 132 · · .. $~4,03() ..... J600 .,124i6JO ' NOTE( ~ Direct cosl Include /ravel!nillesqe and reproducti on sen,fces; Psomas ,w7f /m'tlice al cost. EXHIBIT D -DESIGN PROFESSIONALS INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for Injuries to persons or damages to property which may arise from or In connection with the performance of the work hereunder by the Consultant, its agents , representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CAOQ01 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. · If the Consultant maintains broader coverage and/or higher. limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The Insurance policies are to contain, or be endorsed to conta1n, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-Insurance maintained by the City, its officers, offici~ls, employees, or volunteers shall be excess of the Consultant's Insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. · Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. · Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-Insured retentions .must be declared to and approved by the City . The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no Jess than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. 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 contract work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required docun:ients prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors . Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors . Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, Insurer, coverage, or other special circumstances . ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDD/VYYY) ~ 11/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certlflcate holder In lieu of such endorsement(s\. PRODUCER 2~~I~CT Dealey, Renton & Associates PtjQN.lf_ -... 714-427-6810 I ft~..,_,. 714-427-6818 License #0020739 P. 0. Box 10550 ~;.,M~AJ~00, rJee@dealeyrenton.com Santa Ana CA 92711-0550 INSURER(S) AFFORDING COVERAGE NAIC II INSURER A :XL Soecialtv Insurance Co. 37885 INSURED PSOMAS INSURER B: PSOMAS INSURER C: 555 South Flower Street, Suite 4300 INSURER D: Los Angeles CA 90071 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· 1851995519 REVISION NUMBER· 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 o, POLICYEFF POLICY EXP LTR TYPE OF INSURANCE · INSD WVD POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE D OCCUR rRE~~iJ YrI'a~,!.'.;~nce, $ -MEO EXP /Anv one oerson) $ -PERSONAL & />JJV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ Fl POLICY D 1c?i D LOC PRO DUCTS -COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY IE~·;~d~~1f'Nt;Lt,, LIMI I $ -ANY AUTO BODILY INJURY (Per person) $ -ArJtOWNED -SCHEDULED A OS ~8TJ<:J8WNEO BODILY INJURY.(Per acci denl) $ -rp~?f;c)d~~t)AMAG E HIRED AUTOS AUTOS. $ ->- $ UMBREUA LIAB HOCCUR EACH OCCURRENCE $ >-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ DEO I I RETENTIONS $ WORKERS COMPENSATION I ~1¥:rUTE I I ~iH· AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L EACH ACCIDENT $ OFFICER/MEMBE R EXCLUDED? (Mandatory In NH) E.L DISEASE · EA EMPLOYEE $ ~m~;fi~'8't~PERATIONS bfflOW E.L DISEASE -POLICY LIM IT $ A Professional Liability DPR9917719 10/15/2017 10/15/2018 Per Claim $1,000,000 Claims Mad e Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be allaohed IF more space Is required) 4CUP010100, Design Professional Contract -City of Cupertino . Waiver of Subrogation or rights applies to Professional Llablllty policy only as required by a written signed contract prior to any loss occuring. . · GERTI FICA TE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION PATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Teri Gerhardt ACCORDANCE WITH THE POLICY PROVISIONS, 10300 Torre Avenue Cupertino CA 95014 ~HORIZED REPRESENTATIVE . oh I ~u .·01p © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Client#· 25181 PSOMAS ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE IMMIDD/YYYY) 11/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain po.llcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER lit!."llt"' Jerry Noyola Greyllng Ins. Brokerage/EPIC FlJBNJo Extl: 770•552•4225 I [.O~ Nol: 866•550-4082 3780 Mansell Road, Suite 370 }Jt1l~ss· Jerry.noyola@greyllng.com Alpharetta, GA 30022 INSURER{$} AFFORDING COVERAGE NAIC/1 INSURER A : NoUonol Un ion Flre lno . co. 19445 INSURED INSURERB: Psomas 555 S. Flower Street INSURERC: Suite 4300 INSURER D: Los Angeles, CA 90071 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 REVISION NUMBER: 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 A~ 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 At:L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS . INSR TYPE OF INSURANCE ADDL l~E/f ,&8M8tYWn ,&aJrl8M~i UMJTS LTR IINRIO POLICY NUMBER A ~ COMMERCIAL GEl!ERAL LIABILITY GL5268212 04/01/2017 04/01/2018 EACH OCCURRENCE $1 000 000 -=i CLAIMS-MADE ~ OCCUR ~~~~~H?if.~r~nca l $500 000 MED EXP (Any on e person) $25 000 - _, -PERSONAL & ADV INJURY s1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 000 000 R ~PRO-WLoc $2 000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY CA4489706 04/01/2017 04/01/2016 PE~~~~~ti5INGLE LI MIT s1,000,000 f-- ~ ANY AUTO BOO IL Y INJURY (Per person) $ ALL OWNED X SCHEDULED BOOll Y INJURY (Per ecddent) $ -AUTOS -~~W8w NED X HIRED AUTOS AUTOS rp~~:~i::;1?AMAGE $ -~ $ UMBRELLA LIAB H OCCUR EACH OCCURRENC E $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ A WORKERS COMPENSATION WC015893764 (AOS) 04/01/2017 04/01/201S X l~~~rnria I 12JH-AND EMPLOYERS' LIABILITY y / N $1 ·000 000 ANY PR:?tRIETORl?ARTNER/EX ECUTIVE~ E.L EACH ACCIDENT OFFICE EMBER EXCLUDED? N N/A A (Mandatory Irr NH) WC015893765 (CA) 04/01/2017 04/01/2016 E.L DISEASE • EA EMPLOYEE $1 000 000 ~l~~r~J~ igitiPERATIONS bel ow E.L DISEASE -POLICY LI MIT $1,000,000 DESCRIPTION OF OPERATJClNS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space ls required) 4CUP010100; Design Professional Contract. The City of Cupertino, including its City Council, boards & commissions, officers, officials, employees, consultants & volunteers are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced iiablllty policies with the exception of workers compensation are primary & non-contributory where·requlred by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED JN Teri Gerhardt ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZEll REPRESENTATIVE I ..o'4(V-/A2' • -. .T © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) .1 of 2 The ACORD name and logo are registered marks of ACORD #S909145/M691546 JNOY1 ·~ .. , ji~'~;HijH:'~' any of the above described policles be cancelled by the Issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the· Certificate Holder. SAGITTA 25.3 (2014/01) 2 of 2 #S909145/M691546 POLICY NUMBER: GL5268212 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THlS END0R$1;MENT CHANGES THE POLICY. PLEASf ReAb IT ·cAR.EFULlY , ADO :ITIONAL INSURED .. OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This. end·or:semenr modlfrea Insurance pr.ov1ded undor tho-1ollowJng : COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Se{l"tlcn n -WM Is An lnsurad i.s wnen·ded ts, include-as an additlona1 insured any pars~,n <>r or91mfaatlon for whom you are p1,rforming operations when you artd such •parso11 or organization have. ag reed in w.t lt ing in a contract o-r ag r eement that such person or or:ganlz.at1on be added as an a dditional ir1sur.eo on your policy. :Such person o:r or.9aolz<1tion is an addi- tional Insured only with respect to llab!lity tor ''bodily injury", ·".property dama_ge " or "personal ond :3dvertising infury" caused, in whole or In part, by: 1.. Your .acts o.r omissio.r:is; o( 2:. The acts or omiss!O(rs of t hos:e .acting on your behalt; lll the performance of your ongoing .operations for the ac:ld!tlonal Insured . Ho.wever, tbe Insurance a fforded to such ·additional insured: '\. Only .applies to thll extent ,permltted oy lav,,,; .and 2. Will not be. broader than ·that which y.ou are required by the contract or agreement to provtde for sach additional insured. A person's or organization's status as .an addl· ttonal insured under this endorsement ends when your .¢peratfons tor that additional -insured cl{O completed. l.l, With respect to the l t1sutance afforded to thGSe adtllttoMI in sureds , the following a.ddltjOMa1 ax- cfoeiono apply: This -Insurance does not apJJly to: t. "Bodily injury •, "ptope1ty damage" or "personal end .advertisTng injury'' a rising out of the rendering of, or the failure to ,roncl0r, any wofessional archituotural, angrnee.6ng or s-urv.eying ·servic es, i ncfodi ng: a . The preparing, -approving, or failing to prepara !ir approvci, maps, shop drawings, opinfon-s , reports, survey$, field orders ; change orde r.s or drawings. end-s,pecifications; or b. Supervi s ory, inspection,. arcJ1ftectura1 or engfrleecihg actMtie s . This exclus ion a pplies even if the-clalms 1;1.9afnst any .insured aUege negll _gence or other wrong_· doing 1n the .supervisfon, hiring, employment, training or monitoring of others by that -insured, if the "occurrence" which cavsed 'the ·"bodily in - ju ry" or "property damage", ut the .offonso. whi ch caused t he ''.pers onal ond advertising injury0 , involved the renderln.9 of o r the failure to ,re.ndet any professional architectural, engineering or surveying servrces. 2.. ·"8odily 'injurf' or "property -darr.mga " · occurring-after; · l.l, All work; ineludint} materials, ,parts or .equipment furnlsl;ied in connectltin with such work, o.n the pr oject (other than serliicll, maintenance .or repa irs) 't-o bl'! performed by o.r en behalf of t:he additional insurecl(s) a t the location af thrf covere,d operations: has been .completed ; OJ . . h.. That p.ortion .oJ "vow work" out of which the injury or dafl:)ag~ il rises-has been put to its Jntemled -use-by any :petson or organh:ation other thtlll another c,ontractor or subcontractor engaged in performing operations for a p.rlnc lpal as a part of t he same project. C. With respect to the Insurance afforded to these crdditlonat insureds, the followfng is added to Section Ill -Llml.ts Of lnsuranc~: The m:ost we .w ill pa y on· behalf of t he addftlonal ins ured -is me amo.u.n t of rnsu ran c-01 CG io 330413 ~ In suran ce :Servic-es Office, Inc., .20 1 :l Pago 1 df 2 O 1. Reql:iiretl bV 1he corJtra.ct or ayrei3ment you have e[ltered lnto With .tb~ additional insured; or 2. Availabl~ under the applicable Umits of !nsuranoe s"11own in th.e Declar-ations; whichever is less. This .endorsement shall not Increase the app:l icable Limit s of lnsuranc~ shown ln the Oeclarat1ons , Pa.9~ 2 of 2 ~ rnsu.rancu s e rvice s Offfca, Inc., 2 012 CG: 2-0 33 04 r3 D • • ••.•. ·~.---,-,-..... -r.'!" ... -............................... :-,•-· POLiCY NUMBER: GL5268212 COMMERCIAt GENERAL L~BILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ~ OWNERS, LESSEES OR CONTRACTORS" COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABlLITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Adi:!itional Insured Personls) Ot Organlzatlonlsl Location And Desortptlon Of Completed Operations ~'N,Y.i,1t?lil'{~RG1.iffl~mlfON~Wf10fi¥,eu PER THE CONTRACT OR AGREEMENT -81WeKtr.roalilr<Wiil!&~mr~«mmswA'~t1XN ~&',fi!n'mooi·i~UffStJREl:tWA'$.t~SU~eF. ~NY~flf.4:~i~~l!Mf!ft>T~Y.OU ll'l"tlEl!&Ril!SA!l:mtlNlTO -~~~~li~~-i~ ~~~~~~51ll~~&".!'? .... ~.i:i t~~~~~$~~~'ff:fu~)I;~{~~~ Information required to complete this Schedule, if not shown above, wm be shown in the Declarations . A. SectiOli II • Who Is An Insured is amended to include es an additional insured thi, person(s) or organizatlon{s) shown in the Schedule, but only wth respect to liability for "bodily Injury" or "property damage" caused, In whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and Included in the "products-completed operations hazard". Hovvever: 1. The insurance afforded to such additional , insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional Insured ls required by a contract or agree - ment, the Insurance afforded to such addi- tional Insured v.nll not be broader than that which you are required by the contract or agreement to provide ior such additional insured . B, With respect to the Insurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional Insured ls roquired by a contract or agreement, the most we vvill pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown In the Declarations; whichever Is less.. This endori;;ement shall not increase the appll - cable Limits of Insurance shov,..n in the Decla- rat1ons. CQ 20 37 0413 · d Insurance Services Office, Inc ., 2012 Page 1 of 1 D This page has been left blank intentionally. ENO.ORSEMENT This endorseT'M!nl, effective 12 :01 A.M. 0410112011 poltoy No, GL5268212 ls$ued to PSOMAS 1orms a part of by NA'flONAL UN ION FIRE INSURA~CS COMPANY OF PITTSBURGH, PA THIS ENDORSEMeNT CHANGES 'I'Hl: POLICY. PLEASE READ IT CAREFULLY . . AC>OITIONAL INSURED -PRIMARY INSURANCE Thfs endorsement modifies insuranc& provided undf1r the Jo/lowing: COMMERCIAL GENERAL UAB'ILffY COVERAGE FORM Se¢fkm W; Commercial Gan&ral Llabnlty Conditions, para.graph 4.J' Other lnsuram.:e, subparagraph a. Primary Insurance., is amended by the addition of 1he following : Howev.er. coverage under l his policy afforded l6 an additional l nsured will apply as primary insur ance where required by con tract, and any Qther insurance issued to such additions! insured .shall apµly as excess and noncontributory Jnsurance, 7 4 434 (10/99) PAihorlz~p,NsentEttive or .. · Cauntersf.gnatur.e-,(ln States Wne re AppllcableJ j t l J j I l i This page has been left blank intentionally. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which It Is attached effective on the Inception date of the policy unless a different date is indicated below. (Toe following • attaching clause ' need be completed only when this endorsement Is Issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 4/1/2016 forms a part of Policy No. 1015893765 Issued to PSOMAS By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone li~ble for an Injury covered by this policy. We wlll not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perfonn for such person or organization. · The additional premium for this endorsement shall be 2 . 00 % of the total estimated workers compensation premium for .this policy. WC 04 03 61 (Ed. 11/90) Countersigned by _________________ -~~~-__ Authorized Representative This page has been left blank intentionally. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/2/2018 Dealey,Renton &Associates Lic.#0020739 600 Anton Blvd.,Suite 100 Costa Mesa CA 92626 .. 714 427-6810 714 427-6818 .. XL Specialty Insurance Co.37885 PSOMAS PSOMAS 555 South Flower Street,Suite 4300 Los Angeles CA 90071 940001053 A Professional Liability Claims Made DPR9932582 10/15/2018 10/15/2019 Per Claim Annual Aggregate $1,000,000 $2,000,000 4CUP010100,Design Professional Contract -City of Cupertino.Waiver of Subrogation or rights applies to Professional Liability policy only as required by a written signed contract prior to any loss occuring. 30 Day Notice of Cancellation City of Cupertino Attn:Teri Gerhardt 10300 Torre Avenue Cupertino CA 95014