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24-066 Independent Code Consultants for On-Call Plan Review Services
On-Call Plan Review Services Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Independent Code Consultants, Inc. (“Contractor”), a Corporation for On-Call Plan Review Services, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Plan Checking Fees Submittal. Contractor must deliver the Services in accordance with the Plan Checking Fees Submittal, attached and incorporated here as Exhibit B. 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. On-Call Plan Review Services Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $195,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The 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 without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 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 Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this On-Call Plan Review Services Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 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 information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 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 property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. On-Call Plan Review Services Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT 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 nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance On-Call Plan Review Services Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves 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 for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal 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 perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. On-Call Plan Review Services Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Sean Hatch as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance 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 Abigail Obligacion as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. On-Call Plan Review Services Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 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 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. On-Call Plan Review Services Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Sean Hatch Email: SeanH@cupertino.org To Contractor: Independent Code Consultants, Inc. 1931 San Miguel Dr, Ste 100 Walnut Creek, CA 94596 Attention: Abigail Obligacion Email: aobligacion@independentcodeconsultants.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement 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 counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. On-Call Plan Review Services Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Independent Code Consultants Incorporated President Jun 26, 2024 Christopher D. Jensen Benjamin Fu Benjamin Fu Director of Community Development Jun 26, 2024 Kirsten Squarcia Jun 26, 2024 SUBMITTED BY: Independent Code Consultants, Inc. 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 CONTACT: Ms. Abigail Obligacion | President T | 925.264.9559 E | aobligacion@independentcodeconsultants.com SUBMITTED TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Attention: Mr. Sean Hatch | BO T | 408.777.3228 E | seanh@cupertino.org April 24, 2024 Proposal for As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services CITY OF CUPERTINO City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 2 Information about the Firm ...............................................................................................................................................4 Staffing Capacity Management .........................................................................................................................................5 Experience .........................................................................................................................................................................13 Proposed Approach ..........................................................................................................................................................15 References .........................................................................................................................................................................17 Exhibit A | Scope of Work ................................................................................................................................................18 Exhibit B | Schedule of Deliverables ...............................................................................................................................19 Exhibit C | Contract Budget .............................................................................................................................................20 TABLE OF CONTENTS 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 T | 925.264.9559 April 24, 2024 Mr. Sean Hatch | Building Official City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 RE: Proposal for Outside Plan Review, Permitting, Project Management, and Administrative Services Dear Mr. Hatch: Independent Code Consultants, Inc. (ICCI) is pleased to submit our qualifications to assist the Building Division to obtain professional and technical assistance on short notice on an as-needed basis. ICCI is comprised of a team of knowledgeable and highly qualified professionals who have worked together for 9 years with a collective 30 years of experience in plan review, design and construction. Our team of professionals have extensive knowledge of building code requirements and local construction practices. We are experts in our specialized fields and are able to provide our clients code compliant solutions that show our team’s ability to exercise independent judgment and initiative. For this contract, ICCI understands the scope of services to be provided. ICCI is committed to our clients and recognizes that our services do not start or end with only plan review services. We strive to work with you and your team to ensure the planning, design, construction, inspection and coordination of private development projects are reviewed for complete- ness and accuracy, and compliance with standard engineering practices and conditions of approval. We have the capability to attend pre-application project meetings that allow applicants to receive feedback on a specific project based on a preliminary review from all municipal divisions prior to the formal permit submittal and can assist throughout the project process through its completion and final certificate of occupancy. Independent Code Consultants will always manage all communication and coordination with our Clients through the use of a single point of contact. This contact will coordinate and ensure resources and personnel are made available to you. Thank you for the opportunity to submit our proposal and we hope that we can fulfill your building and safety service needs. Should you have any questions or require additional information, please do not hesitate to contact Abigail Obliga- cion (aobligacion@independentcodeconsultants.com) at 925.264.9559. Respectfully Submitted, Abigail Obligacion | President Independent Code Consultants, Inc. City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 4 COMPANY PROFILE Independent Code Consultants Office Location:Pleasanton, CA Established:January 1995 Re-Established:January 2018 Years in Business:20 President:Abigail Obligacion Principals:Abigail Obligacion; Kelly Park-Li Number of Employees:7 Independent Code Consultants, Inc. (ICCI) is grounded in the principle that our plan reviews are only as good as what our Clients think. We have provided quality building, fire, engineering and CASp plan reviews or several dierent munici- palities throughout the Bay Area while providing excellent customer service and proactive communication. Our multi-disciplinary team members with specialized technical skills in both engineering and construction have worked collaboratively together for over 9 years. We have created a team that serves our clients’ specifics needs where costs and deadlines do not compromise the quality of our plan reviews. We strategically plan the projects and clientele that we pursue to best suit our team and our capabilities. We only take on projects knowing that we can fulfill our clients’ expectations. What sets us apart rom other firms is our dedication to provide proactive communication and excellent customer service. Our mission is to cultivate a team that helps streamline the plan review process not only for our clients, but also for applicants obtaining a permit. ICCI specializes in plan review services for local building departments that require project management experience that bigger consultants firms are not able to provide. ICCI has a pool o individuals and subconsultants that will help expedite the plan review and to avoid any delays to the project. For example, the City of Cupertino requested assistance with The Rise’s Solid Waste Management Review. ICCI contacted our Solid Waste Management consultant to assist the City on short notice and completed the review in less than 2 weeks. INFORMATION ABOUT THE FIRM City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 5 ICCI is dedicated to providing proactive communication and ex- cellent customer service. ICCI has developed a team that works collectively as a group where we utilize each others’ strengths. Should the need arise, we can also reach out to an extended network of clients and peers for additional resources. ICCI and our partners share the philosophy that efficiency, streamlining processes and procedures, and open communication between all parties are key objectives that make a project a success. We are a collaborative team that will assist you with analyzing any issues and work on resolving them. ICCI has its own process of tracking submittals. We cross reference our tracking log with each of our clients’ project man- agement sites multiple times a day to make sure our records match any projects assigned to us. Our team frequently communicates with each other and each member of our plan review team can access ICCI’s tracking log in real time no matter where they are located. Daily, our project coordinators oversee the workflow, assess, and, if needed, redistribute projects based on each plan reviewer’s workload and project priority. In addition, ICCI also communicates with our clients regularly. Our clients will let us know ahead of time of any high-profile projects coming in and which projects are time-sensitive. ICCI’s understands that flexibility, adaptability, and open commu- nication amongst its staff and clients are key elements to ensure plan reviews are completed on time or ahead of schedule. Electronic Plan Review & Dynamic Plan Review Templates ICCI will work with you and your team to create and develop electronic plan review process and procedures. ICCI is highly experienced in several different electronic plan review applications: DigEplan, Bluebeam, Avolve Software - ProjectDox, and Adobe Acrobat. Our key team members were an integral part of the City of Cupertino’s and the City of Pleasanton’s transition from paper plan review to all electronic plan review. STAFFING CAPACITY MANAGEMENT Quality building, fire, engineering and CASp plan reviews are provided with the following structure: What: Our plan reviewers clearly explain in a comment letter what is not in compliance with the plans, details and specifications. In addition, our plan review team will cater their comments based on their audience (i.e. designer, home- owner, engineer, architect or contractor). Where: Comment letter will clarify which sheet, detail, etc. where on plans comment refers to Why: A code section is cited to explain why the plans/details are not in conformance How: The plan reviewer will be able to com- municate with the applicant how to resolve the issue when questions arise from the applicant or staff members City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 6 Our team works collectively as a group where we utilize each others’ strengths when reviewing and processing a set of plans. We ensure timelines are met and projects are billed accurately. Our structural engineers have several years of design and code enforcement experience and are capable of reviewing small projects such as patio covers to high-rise, mixed occupancy buildings and everything in between. Our senior plan reviewer has many years of construction experience that can help solve field problems should the need arise. From the planning design phase through the certificate of occupancy finalization, our seasoned civil and fire protection plan reviewers are able to foresee and help resolve any problems that may occur. With our knowledgeable and experienced team, ICCI can support your staff with all aspects of the permit and plan review processes. ICCI has become known for creating dynamic plan review templates that are catered specifically to our Clients. The templates include local ordinances and policies and are continually updated to reflect changes when new information or feedback is provided by Clients. Project Organization Chart City of Cupertino Contract Oversight Abigail Obligacion Administration Marc Uytengsu Building & Fire Plan Review Abigail Obligacion Kelly Park-Li Structural Plan Review Flora Chen Fire and Life Safety Plan Review City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 7 EDUCATION B.S. | Civil and Environmental Engineering University of California | Davis CERTIFICATIONS ICC Building Plans Examiner SKILLS Exceptional Customer Service Organizational Skills Quality of Work PROFILE Abigail Obligacion has 15 years of experience as a plan reviewer with nearly 6 years of project management and coordina- tion and served as director for over 1 year creating a new division for a medium to large size engineering company. Abigail has developed and maintained client relationships through her exceptional customer service, her quality of work, and her attention to detail and organization skills. WORK EXPERIENCE / PROJECT EXPERIENCE Apple 2 Campus Parking Structure | Cupertino, CA Reviewed photovoltaic system and parking structure to meet minimum code requirements, attended plan review design meetings. Tesla Motors Plan Review Services | Lathrop, CA Project manager for the on-going retooling and expansion projects that included hazardous materials, exiting and over- head clearance. CEL Consulting: Code Resource Group | San Ramon, CA Served as Director of the Code Resources Group Division. Created new division from the ground up. Duties include recruit- ment, project management, staff augmentation, quality control, and created processes and procedures for new division. Generated a million dollars in revenue during first 1.5 years of start-up. 4LEAF, Inc. | Pleasanton, CA As a senior plans examiner and project manager, Abigail performed plan review quality control and oversaw the daily op- erational activities from plan review to document control. TRB and Associates, Inc. | San Ramon, CA As plan review engineer, Abigail reviewed plans and specifications to verify compliance with various building codes and zoning regulations and zoning regulations ranging from single family dwellings to new townhomes to commercial build- ings. ABIGAIL OBLIGACION City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 8 EDUCATION B.S. | Structural Engineering University of California | San Diego LICENSES State of California Professional Civil Engineer #C74900 State of California Professional Structural Engineer #S5855 CERTIFICATIONS ICC Building Plans Examiner ICC Residential Plans Examiner CASp Certification #762 PROFILE Ms. Kelly Park-Li is a licensed structural engineer with over 10 years of plan review experience in both the public and private sectors. Her experience is built upon a foundation of 7 years as a project engineer for a structural engineering firm. Kelly provided plan review services for city and county jurisdictions in the Bay Area and Central Valley. Kelly is familiar with the design and review of a diverse range of project types including apartment buildings, medical office buildings, senior care facilities, retail, multi-family residential houses and commercial buildings. WORK EXPERIENCE / PROJECT EXPERIENCE Independent Code Consultants, Inc. | Pleasanton, CA Current senior plan review engineer. Projects reviewed include new multifamily, mixed use, and commercial buildings; new low-rise residential construction; alterations and additions; and retaining walls. CEL Consulting: Code Resource Group | San Ramon, CA Served as plan review engineer. Reviewed projects ranging from apartment buildings, provided quality control for podium type mixed use commercial buildings, custom homes to tract homes. 4LEAF, Inc. | Pleasanton, CA Responsible for reviewing drawings and documents submitted to obtain building permits for conformance with the Cal- ifornia Building Codes. Areas of review included life-safety, structural design, accessibility, energy standards, plumbing, electrical, mechanical and green building. City of Walnut Creek As plan check engineer, Kelly was responsible for reviewing drawings and documents submitted to the City, provided over-the-counter plan reviews, and assisted in the assessment of the structural integrity of a 2-story, multi-family residential building immediately after a catastrophic explosion. KPFF Consulting Engineers As project engineer, Kelly was responsible for the design and analysis of large and small-scale projects in new and existing construction. Kelly created structural drawings and details, along with calculation packages to obtain permit approvals from the City and OSHPD jurisdictions. KELLY PARK-LI, PE, SE City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 9 EDUCATION M.S. | Fire Engineering | Canterbury University, Christchurch | New Zealand B.S. | Mechanical Engineering | Tongji University, Shanghai, China CERTIFICATIONS Professional Fire Engineer | CA #FP1608 Registered Professional Engineer | AZ #44893 ICC Certified Commercial Building Inspector PROFILE Flora Chen is a licensed Fire Protection Engineer in the States of California and Arizona. Flora holds a Bachelor’s degree in mechanical engineering and also holds a Master’s degree in fire engineering. She has over 25 years of experience working for local fire departments and consulting firms. She is skilled in fire protection performance-based design, fire hazard eval- uation, and code interpretation, modification and alternatives, and has served on various technical committees. WORK EXPERIENCE / PROJECT EXPERIENCE Eden Affordable Housing Project | Hayward, CA Two 5-story buildings containing 151 residential units over 1-story parking structure. Workday Development | Pleasanton, CA New 430,000 SF office building on a 6.9-acre BART property adjacent to the West Dublin/Pleasanton station. The project consists of a six-story office building and two parking garages. Fire Station | Hayward, CA The new 13,000 SF Fire Station #7 replaces a badly deteriorating temporary structure, which had served as home to one of the Hayward Fire Department’s busiest stations for more than a decade. The new 2-story fire station building includes a four-bay wide, double-deep apparatus bay, a public lobby, Battalion Chief quarters, staff work spaces, living quarters, day room, kitchen, dining room, workshop, conference room, exercise room and other necessary facilities. I-880 / SR-92 Street Improvements | Castro Valley, CA Flora reviewed street improvements for I-880/SR-92 for street widening, intersection improvements and signal modifica- tions. FLORA CHEN, FPE City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 10 EDUCATION M.S. | Structural Engineering with Construction Management | San Jose State University B.S. | Civil Engineering | Fresno State University LICENSES Professional Structural Engineer | CA #5077 Professional Civil Engineer | CA #52352 CERTIFICATIONS ICC Building Plans Examiner California Licensed Real Estate Broker PROFILE Isaac Hau has almost 30 years of combined experience in building design and plan review. He worked at the City of San Mateo’s Building Division for 16 years supervising the building division plan check staff. He has performed comprehensive building plan check on almost all of the City’s major projects for code compliance, such as fire, life and safety, structural, accessibility, energy, electrical, mechanical, plumbing, green building code, FEMA regulations, zoning and fire sprinkler regulations, etc. WORK EXPERIENCE / PROJECT EXPERIENCE City of San Mateo Building Division | San Mateo, CA Supervised the Building Division plan check staff. Performed comprehensive building plan check on almost all of the City’s major projects for code compliance, such as fire, life and safety, structural, accessibility, energy, electrical, mechanical, plumbing, green building code, FEMA regulations, zoning and fire sprinkler regulations. Mentored staff, colleagues, and many other registered design professionals for their career growth; Prepared the standard plan set for simple building addition and alteration for over-the-counter permits; Created new and revised existing checklists for building permit application submittal; Prepared plan check correction checklist; Prepared response to FEMA audits; Created FEMA enforcement policies; Created spreadsheet for determining the compliance level for buildings located in the FEMA floodplain; Represented the Building Division on the City’s Development Review Board; Prepared the Building Division operating budget; and Worked with the City’s Police Department and the Attorney’s office to rewrite the city’s security ordinance. ISAAC HAU City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 11 EDUCATION B.S., Business Management | Philippines SKILLS Accela ProjectDox OpenGov PROFILE Marc Uytengsu originally joined Independent Code Consultants as the company’s Office Manager. With his exceptional organizational skills and his curiosity in the Building Safety Industry, he quickly learned the duties of a permit technician. He utilizes his time efficiently and is a self-driven professional with strong interpersonal skills. Marc is proficient in Accela, ProjectDox, OpenGov and other permit tracking systems. WORK EXPERIENCE / PROJECT EXPERIENCE Executive Assistant to Managing Principal | First Priority Financial Ensured seamless integration of branch due to acquisition of First Priority Financial Obtained Mortgage Loan Originator license in the state of California. Provided high level support for both professional & personal matters. Provided Sales and Marketing (Origination), Processing, Accounting and Document Production & Post Closing sup- port to Loan Officers and Processors to ensure loan production & pipeline were progressing as needed. Oversaw, improved and maintained day-to-day branch operations and office systems to minimize any downtime to business functions. Typical responsibilities were as follows but, not limited to client relations, communication and correspondence, preparation for scheduled appointments & meetings, accounting/auditing, reporting, organization and maintenance of files, data destruction, IT, administrative functions, supply requisitions. Investor Services Officer/Manager | California Mortgage and Realty, Inc. Took over SVP responsibilities & duties during downsizing. Oversaw & managed mortgage fund investor services operations. Including account processing, review, auditing, tax preparation, communication, correspondence & reporting. Coordinated and worked with different departments to complete various projects, most notably in the creation, testing, implementation of a vastly improved Investor Management System for the mortgage funds and trust deed investors. Including restructuring data, validation of data loads & testing user interface. Assisted Loan Administration with loan related calculations, filings, loan insurance maintenance, capital calls for ad- vances and agreements Real Estate Owned (REO)/Entity administration including: formations, filings, insurance, maintenance, and investor capital calls Provided Administrative support. Including but not limited to: Data Organization and Management, Accounting Support and Document Production for miscellaneous needs MARC UYTENGSU City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 12 ICCI’s key personnel are committed to meeting and exceeding expectations and turnaround times. We are able to achieve this due to our open communication and diligence in maintaining accurate and comprehensive record keeping. In 2020, ICCI provided the complete building plan review of The Atchison Multi-Family Housing Project in the City of Pittsburg. The project included two (2) five-story buildings, a pool building, and several covered shade structures (carports). ICCI attended the pre-construction meeting to gain a better understanding of the proj- ect’s milestones and timelines. After the first review, it was clear that the allowable building areas were not calculated correctly and that the covered shade structures would interfere with the allowable exterior wall openings based on fire separation distances. ICCI contacted the City Building Official immediately. Between formal plan review rounds, ICCI’s plan review staff worked extensively with the architect to review proposed op- tions for plan revisions to ensure the allowable building areas and exterior wall openings were compliant with the 2019 California Building Code. Since a building permit was needed by a certain date for the developer to obtain funding, ICCI’s plan review staff divided the plan review by discipline among several reviewers and a project manager ensured overall quality control for the entire review by looking over all the comments. Additionally, ICCI was available outside of normal business hours, including working during the Thanksgiving holiday, and communicated with the design team and with the City Building Official throughout the process. A ready-to-issue permit letter was provided to the developer in order to obtain funding and the project was able to break ground shortly thereafter. EXPERIENCE City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 13 WESTPORT CUPERTINO | Cupertino, CA In 2021, ICCI completed both the building and on-site plan review for the 8.1-acre project located at the former Oaks Shopping Center will provide: 259 new housing units 35 memory care rooms 20,000 square feet of retail 44,100 square feet of open space STIZZY CANNABIS DISPENSARY | Benicia, CA Retail space for cannabis that includes a 600 SF art gallery. ICCI worked with the City of Benicia for over 3 years to introduce a retail cannabis location to the City of Benicia. ICCI attended preapplica- tion meetings in 2019 and continued to meet with City staff and design professionals during construction to ensure final and cer- tificate of occupancy was obtained with a grand opening date of September 2021. MITCHELL PARK PLACE (50-units Low-Income Housing) EDEN HOUSING | Palo Alto, CA Mitchell Park Place (MPP) is a new mixed-use development that will contribute to the vibrant neighborhood around Mitchell Park. The project includes new office space for public social services as well as high-quality affordable housing for lower-income households, including special needs housing for the intellectually and develop- mentally disabled (IDD) community. MPP proposes to build a 2,750 SF office space and 50 rental apartments for individuals and house- holds earning at or below 80% of the area median income. City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 14 ICCI is independent, properly licensed to practice in California, and has no conflict of interest with regard to any other work performed by the firm for the City of Cupertino. ICCI embraces new technology and since its establishment in 2018, the company is mostly cloud- based with the option for all employees to be mobile. ICCI’s personnel have performed electronic plan review for nearly 6 years using several permit- ting and workflow applications, such as ProjectDox, OpenGov, Accela, and DigEplan. Both ProjectDox and OpenGov have Bluebeam Revu built into the applications. ICCI’s plan review staff also has experience performing plan review within the DigEplan platform and all our plan review staff is proficient in Adobe Acrobat Pro. In 2020, most jurisdictions transitioned to electronic plan review and ICCI was able to continue providing plan review services and accommodate any changes to the process from hardcopy submissions. Some of our clients were not prepared or equipped to receive high volumes of electronic plans. ICCI can and has offered its clients a project management site to receive, retrieve, and upload electronic documents in one secure location. In addition to our clients’ workflow or project management sites, ICCI has its own process of tracking submittals. We cross reference our tracking log with each of our clients’ project management sites multiple times a day to make sure our records match any projects assigned to us. Our team frequently communicates with each other and each member of our plan review team can access ICCI’s tracking log in real time no matter where they are located. Daily, our project coordinators oversee the workflow, assess, and, if needed, redistribute projects based on each plan reviewer’s workload and project priority. In addition, ICCI also communicates with our clients regularly. Our clients will let us know ahead of time of any high-profile projects coming in and which projects are time-sensitive. ICCI’s understands that flexibility, adaptability, and open commu- nication amongst its staff and clients are key elements to ensure plan reviews are completed on time or ahead of schedule. Internal Process and Methodology 1. Upon receipt of plans, submittals are screened by both our document control department and project manager to ensure all documents required for plan review are received. 2. Plans are the logged into our tracking system and routed to the appropriate plan reviewers. PROPOSED APPROACH City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 15 3.Submittals are reviewed for compliance with the latest adopted version of the California Building Code, California Residential Code, California Green Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, Title 24 - Accessibility and Energy Conservation requirements, municipal code and all applicable local amendments and ordinances that are recorded in our jurisdiction specific templates. 4.All plan reviews also go through our internal quality control process to ensure big ticket items and local amendments and ordinances are not missed. 5.Due to our team’s experience and understanding of construction and permit processing, we will contact our clients for any red flags that may pose a problem either during the plan review process or during construction. Our team will work with our clients and applicants and will be readily available to meet with all stakeholders to ensure all milestones are completed on time while ensure compliance with the latest adopted codes, local amendments and ordinances. Communication, redundancy and cross training are keys to success in providing on-call professional services for Commu- nity Development Departments. ICCI’s permit technician staff are familiar with DigEplan and are able to perform solar plan reviews and small kitchen and bathroom remodel reviews. ICCI’s key plan review personnel can also help issue permits should the need arise. In addition, our CASp plan reviewer is also a licensed civil engineer with both plan review and design experience and is able to review both the site and grading plans in conjunction with the foundation plan. With our knowledge, experience and multi-disciplined team members, we are able to create an efficient and dynamic team that is capable of managing any complications that arise during the plan review and construction phases. For complex projects, our team will work with the City of Cupertino to develop a plan review phasing plan to show we have the capacity and the right resources to streamline the plan review process and ensure major milestones are completed on schedule. For example, our proposed subconsultant team is not only aware of engineering standards and practices, but is also cognizant of Federal and California accessibility requirements when reviewing site grading and improvement plans. ELECTRONIC PLAN REVIEW ICCI will work with you and your team to create and develop electronic plan review process and procedures. ICCI is highly experienced in several different electronic plan review applications: Bluebeam, Avolve Software - ProjectDox, and Adobe Acrobat. Our key team members were an integral part of the City of Cupertino’s transition from paper plan review to all electronic plan review. ICCI has even provided free Bluebeam training via webinar for our clients. Our team works collectively as a group where we utilize each others’ strengths when reviewing and processing a set of plans. We ensure timelines are met and projects are billed accurately. Our structural engineer has several years of design and code enforcement experience and is capable of reviewing small projects such as patio covers to high-rise, mixed oc- cupancy buildings and everything in between. Our senior plan reviewer has many years of construction experience that can help solve field problems should the need arise. From the planning design phase through the certificate of occupancy finalization, our seasoned civil and fire protection plan reviewers are able to foresee and help resolve any problems that may occur. With our knowledgeable and experienced team, ICCI can support your staff with all aspects of the permit and plan review processes. City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 16 REFERENCES City of Benicia | Plan Review and Permit Counter Services Independent Code Consultants’ key personnel has worked with Benicia’s Chief Building Official for nearly 5 years. Our team has worked on several buildings located along Benicia’s historic downtown. ICCI’s key personnel has worked with the City’s Planning, Building, Engineering and Fire Divisions by providing preliminary plan reviews and attending pre- application meetings for several high profile projects, including a Cannabis manufacturing facility. City of Pleasanton | Civil On-Site, Fire & Building Plan Review and Permit Counter Services Independent Code Consultants’ key personnel provided both building and fire plan review services, including on-site plan review and permit technician services, for the City of Pleasanton. Greg Shriver has worked with the City of Pleasanton for over 20 years. Our team’s success is due not only to our quality plan reviews and proactive communication, but our relationships that we have developed with our clients throughout the years. We incorporate requirements from other City departments or divisions and other regulating agencies as it applies to plan review. We also review any revisions to previ- ously-approved plans in a timely manner and verify that corrections have been satisfactorily made. Mr. Rob Queirolo | CBO City of Pleasanton PO Box 520 | Pleasanton, CA 94566 925.931.5300 rqueirolo@cityofpleasantonca.gov Ms. Rachel O’Shea | CBO City of Benicia 250 East L Street | Benicia, CA 94510 707.746.4233 roshea@ci.benicia.ca.us City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 17 ICCI’s scope of services includes plan review services for the City of Cupertino’s Building Division on an as-needed basis. These include, but are not limited to, new residential projects, residential remodels and addition, accessory dwelling units (ADU), new commercial buildings, tenant improvement building application plan reviews, and other related plan review services as assigned by the City’s Building Division. Plan review services will include, but not be limited to, the following components: 1.Ensure compliance with State and local laws and regulations. 2.Ensure compliance with City of Cupertino Municipal Code and City of Cupertino’s conditions of approval. 3.Ensure drawings conform and comply with Title 24 California Code of Regulations. Fire and Life-Safety Accessibility Structural Plumbing Mechanical Electrical Energy Green Building Standards 4.Substantiate structural plans meet recommendations made in the project geotechnical report. 5.Ensure plans and details are consistent with product specifications and certification. OTHER TASKS 1.Attendance of Design and Construction Meetings when requested by the City of Cupertino or developer, either via online or in person. 2.Review and assist with technical problems that arise during construction, including RFI’s and shop drawings. EXHIBIT A | SCOPE OF WORK City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services EXHIBIT B Building Department CITY OF CUPERTINO 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3228 • FAX: (408) 777-3333 CITY OF CUPERTINO PLAN CHECKING FEES SUBMITTAL Date: Agency Name: Permit Number: Project Address: Initial City Plan Check Fees Collected: Agency Plan check based: 1st & 2nd plan checks included in initial plan check fee: Amount: $____________ (Agency Fee-65% already calculated) Additional plan reviews/Revisions/Deferred Items (submittal #): ___________ Rate: $145 per hour Hours: ____ (2hrs. min.) Total amount: $_________ Requestor: Please attach this form with the number of hours spent on the additional plan checks and send with the plan check comments or if plans are approved, with the plans & approval letter. Please submit the plan check comments in ProjectDox. Please email permitcenter@cupertino.org the plan review hours after the 2nd review. *Please do not give plan check comments directly to the customer. We don’t give out the comments until we have all of them back from each department. Page | 18 City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 19 Plan Review Services Unit Rate Unit Complete Plan Review Fee (First submittal plus one (1) additional subsequent submittal)65% of Plan Review Fee All other Building, Safety Plan Review Submittals $145.00 Hour Non-Structural Review $145.00 Hour Structural Review $145.00 Hour Building Department Support Staff Unit Rate Unit Plans Examiner/Engineer $145.00 Hour CASp Inspector *Rate varies by building Permit Technician $70.00 Hour Basis of Charges Unit Rate Work over 8 hours a day Time and One-Half Work over 12 hours, Monday through Friday Double Time Work on Saturdays Time and One-Half Work over 8 hours on Saturday Double Time Work on Sundays/Holidays Double Time Reimbursables Cost Plan Review Contract Through June 30, 2026 (Not to Exceed Amounts) July 1, 2024 through June 30, 2026 $195,000.00 EXHIBIT C | CONTRACT BUDGET ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Glenn Hoffman INDEP-2 OP ID: BMH 12/19/2023 Melissa Hoffman Discovery Bay Ins. Serv., Inc. 14850 Hwy 4, Suite A-258 Discovery Bay, CA 94505 Glenn Hoffman 925-516-4700 925-516-4202 melissa@discoverybayins.com Evanston Insurance Company United Financial Casualty Co. Independent Code ConsultantsAbigail Obligacion5870 Stoneridge Mall RoadSuite 200Pleasanton, CA 94588 State Compensation Ins Fund Landmark American Ins. Co. United States Liability Nautilus Insurance Co A X 1,000,000 X X 3AA732471 12/03/2023 12/03/2024 100,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000B X 06461327-6 01/11/2024 01/11/2025 100,000 X 2,000,000 X F AN1299198 12/03/2023 12/03/2024 2,000,000 10000X XC 9224300-24 01/11/2024 01/11/2025 1,000,000 1,000,000 1,000,000 D LHR854319 01/10/2024 01/10/2025 E&O 2,000,000 E BPP CF1567614B 03/05/2023 03/05/2024 Ded. 1000 30,000 The Ciry of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are listed as additional insureds on GeneralLiability per attached endorsement. The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 925-516-4700 35378 11770 35076 33138 25895 17370 HNOA Professional Liab. MEGL 0009-01 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA732471 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ 500 (Check box if fully earned.) A.Who Is An Insured is amended to include as an additional insured any person or entity to whom you are obligated by valid written contract to provide such coverage, but only with respect to negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any “employee” of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B.With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will 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 insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA732471 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium:$ 250 The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. #% '. # '. +*$. !. &)$!(! . (. &&. ( ( ( ( ( !$( ! ( ( !( ( ( ( ! ( !( ( !( !( ! ( !( ( ! ( !( )$-. 4 . . ,"$ . )$-. 5 . " (. !. ! &)( (&. . !. . +. &. "!&(&. *. &(. . "& (! . . . 4 $ +. . ". . !. !( ( ! ( !( ! ( ( ( ( !( $ '( ! ( %$( ( &! ( '( ( !(! ( ! ( ! ( ( !! ( ( ! ( '( ! ( !( ( !! ( !( % ( ( ! ( '( ( ( ( !( $ '( ! ( %$( ( !( !( ! ( ! ( ! ( ( !! ( ( ! ( !( #! ( ( # ( !( ( ( # 3. "( ( ( . Form_SCTNID_CTGRY.XX10025241_OTHER <docindex><index>OTHER</index></docindex> Policy number: 06461327-6 Underwritten by: UNITED FINANCIAL CAS CO December 4, 2023 Page 1 of 2 DISCOVERY BAY INSURA 14850 HWY 4 STE A-258 DISCOVERY BAY, CA 94505 1-925-516-4700 Certificate of Insurance Certificate Holder…………………………………………………………………………………………………………………………………………………………………………… Additional Insured CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO, CA 95014 Insured Agent/Surplus Lines Broker ……………………………………………………………………………………………………………………………………………………………………………INDEPENDENT CODE CONSULTANTS, INC. 5870 STONERIDGE MALL RD 200 PLEASANTON, CA 94588 DISCOVERY BAY INSURA 14850 HWY 4 STE A-258 DISCOVERY BAY, CA 94505 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date:Policy Expiration Date: ………………………………………………………………………………………………………………………………………………………..Jan 11, 2025Jan 11, 2024 Insurance coverage(s)Limits………………………………………………………………………………………………………………………………………………………..BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT………………………………………………………………………………………………………………………………………………………..UNINSURED/UNDERINSURED MOTORIST $100,000 COMBINED SINGLE LIMIT………………………………………………………………………………………………………………………………………………………..ANY AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of Location/Vehicles/Special Items Scheduled autos only……………………………………………………………………………………………………………………………………………………….. Stated Amount 2020 LEXUS UX 250H JTHP9JBHXL2029364 $33,000 MEDICAL PAYMENTS $5,000 COMPREHENSIVE $500 DED COLLISION $1,000 DED 4 Continued <docindex><index>OTHER</index></docindex> Policy number: 06461327-6 Page of2 2 Certificate number 13023NET327 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (10/02) 8JcT{gW{<Uknge{gk{:kYJe]yJo]ge{ The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CZU{jUknge{gk{gkYJe]zJo]ge{eJcUP{JKgsU{]n{Je{]enrkUP{u]o[{kUnjUMo{og{nrM[{b]JK]b]px{MgsUkJYU{Jn{]n{ JWWglPUQ{Kx{q[U{jgb]Mx{Kro{o[]n{]enrkJeMU{Jjjb]Un{og{nJ]P{]enrkUP{gebx{Jn{J{jUknge{b]JLbU{Xik{oZU{MgeRrNo{gV{ Jego\Uk{]enrkUP{JeP{o[Ue{gebx{og{o[U{UwoUeo{gW{o[Jo{b]JK]b]ox{GU{Jbng{JYkUU{v]o[{xgr{o[Jo{]enrkJfMU{ jkgs]PUP{Kx{o[]n{UePgknUcUeo{u_bb{KU{jk]cJkx{Whk{Jex{jguUk{re]o{njUO]W]MJbbx{PUnMk]KUR{ge{o[U{ 'UMbJkJo]gen{<JYU { 5]c]o{gX{5]JK]b`ox{ "gP]bx{.earkx{ <kgjUkox{'JcJYU{ $gcK]eUP{6]JK]b]ox{ 000{%@7{ UJM[{jUmnge { UJM[{JMM^PUeo{ UJM[{JMM]PUeo{ UJM[{JMM]PUeo{ !bb{go[Uk{oUkcn{b]d]on{JeP{jkgs]n]gen{gX{o[]n{jgb]Mx{kUcJ]e{reM[JeYUP{ D[]n{UePgknUdUeo{Jjjb]Un{og{<gb]Mx{8rdKUk { 06461327-6{ /nnrUS{og{8JcU{gV{/enrkUP {INDEPENDENT CODE CONSULTANTS )WVUMo]tU{PJoU{gW{UePgknUcUeo {01/11/2024 { +gkd{ { { <gb]Mx{Uwj]kJo]ge{PJoU { 01/11/2025{ Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. On-Call Plan Review Services Final Audit Report 2024-06-26 Created:2024-06-26 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAYERg8TBDGVCXHCkeZQmwZN5rSWHbgZE- "On-Call Plan Review Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-06-26 - 3:18:26 AM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-06-26 - 3:22:00 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-06-26 - 2:25:31 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) for signature 2024-06-26 - 2:25:36 PM GMT Email viewed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) 2024-06-26 - 3:13:43 PM GMT- IP address: 96.76.207.102 Document e-signed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) Signature Date: 2024-06-26 - 3:14:26 PM GMT - Time Source: server- IP address: 96.76.207.102 Document emailed to christopherj@cupertino.gov for signature 2024-06-26 - 3:14:30 PM GMT Email viewed by christopherj@cupertino.gov 2024-06-26 - 3:16:28 PM GMT- IP address: 174.194.192.131 Signer christopherj@cupertino.gov entered name at signing as Christopher D. Jensen 2024-06-26 - 3:17:30 PM GMT- IP address: 174.194.192.131 Document e-signed by Christopher D. Jensen (christopherj@cupertino.gov) Signature Date: 2024-06-26 - 3:17:32 PM GMT - Time Source: server- IP address: 174.194.192.131 Document emailed to benjaminf@cupertino.gov for signature 2024-06-26 - 3:17:36 PM GMT Email viewed by benjaminf@cupertino.gov 2024-06-26 - 3:41:57 PM GMT- IP address: 172.226.212.1 Signer benjaminf@cupertino.gov entered name at signing as Benjamin Fu 2024-06-26 - 4:54:45 PM GMT- IP address: 64.165.34.3 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2024-06-26 - 4:54:47 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to kirstens@cupertino.gov for signature 2024-06-26 - 4:54:53 PM GMT Email viewed by kirstens@cupertino.gov 2024-06-26 - 5:15:27 PM GMT- IP address: 104.47.74.126 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2024-06-26 - 5:16:34 PM GMT- IP address: 64.165.34.3 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2024-06-26 - 5:16:36 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-06-26 - 5:16:36 PM GMT