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21-206 Independent Code Consultants, Inc._Amendment #2 dated 8-5-25 for Plan review Services for Westport project1 SECOND AMENDMENT TO AGREEMENT 332 BETWEEN THE CITY OF CUPERTINO AND INDEPENDENT CODE CONSULTANTS, INC FOR PLAN REVIEW SERVICES FOR WESTPORT PROJECT SPECIFICALLY THE ROW HOUSE/TOWNHOUSE AND BUILDING 2 SENIOR INDEPENDENT LIVING UNITS. This Second Amendment to Agreement 332 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Independent Code Consultants, Inc., a Corporation (“Contractor”) whose address is 5870 Stoneridge Mall Road, Suite 200, Pleasanton, CA 94588, and is made with reference to the following: RECITALS A. On September 08, 2021, Agreement 332 (“Agreement”) was entered into by and between City and Contractor for Westport project specifically the row house/townhouse and Building 2 senior independent living units. B. On September 16, 2024, City and Contractor entered into a First Amendment to the Agreement. C. The Original Agreement and First Amendment are collectively referred to as the “Agreement” unless otherwise indicated. D. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and reinstated by this Second Amendment. E. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: 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 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here as Exhibit B-2. 2 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. Exhibit B-1 of the Agreement is replaced with Exhibit B-2, attached hereto. 2. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D-1, 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. Exhibit-D of the Agreement is replaced with Exhibit D-1, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO INDEPENDENT CODE CONSULTANTS, INC By By Title Title Date Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date: President 07/30/2025 Michael K Woo Benjamin Fu Director of Community Development 08/05/2025 Kirsten Squarcia 08/05/2025 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2022-212 $210,000.00 1st Amendment - $0.00 2nd Amendment - $0.00 Total $210,000.00 2 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 Brandon Hoffman INDEP-2 OP ID: BMH 07/15/2025 Melissa Hoffman Discovery Bay Ins. Serv., Inc. 14850 Hwy 4, Suite A-258 Discovery Bay, CA 94505 Brandon 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 3AA847518 12/03/2024 12/03/2025 100,000 X 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000B X 06461327 01/11/2025 01/11/2026 X $0 deduct.100,000 X 2,000,000 X F AN1332368 12/03/2024 12/03/2025 2,000,000 10000X XC 9224300-25 01/11/2025 01/11/2026 1,000,000 $0 DEDUCTIBLE 1,000,000 1,000,000 D LHR863406 01/10/2025 01/10/2026 Per Claim 2,000,000 E BPP CF1567614D 03/05/2026 03/05/2027 Ded. 1000 30,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are added as additional insureds as required by written contract in respect to General Liability and Auto, per attached. (See Notes) The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 925-516-4700 35378 11770 35076 33138 25895 17370 HNOA $0 Ded per Occur Professional Liab. Date HOLDER CODE INSURED'S NAME PAGENOTEPAD: The General Liability policy evidenced herein is Primary & Non- Contributory were required by written contract with the named insured. A Waiver of Subrogation is granted in favor of the additional insureds with respect to General Liability and Workers Compensation in accordance with the policy's provisions, per attached. CGL, AL & WC Deductibles are $0 Professional Liability Deductible is $5,000 2 Independent Code Consultants 07/15/2025 INDEP-2 OP ID: BMH 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: 3AA847518 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: 3AA847518 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. CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 3AA847518 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 10 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Form_SCTNID_CTGRY.XX10025241_OTHER <docindex><index>OTHER</index></docindex> Policy number: 06461327 Underwritten by: UNITED FINANCIAL CAS CO December 4, 2024 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, 2026Jan 11, 2025 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 $1,000 DED 4 Continued <docindex><index>OTHER</index></docindex> Policy number: 06461327 Page of2 2 Certificate number 13023NET327 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (10/02) !"#+% 0 12331 3/4518 5/9 ;537 3079283<3018 6/8137 =369> .??6/38 19 ?96/;@ 0A<=32B , CDEF DD H,IJ 6.0K31 77/1/90.6 08A237 079283<301 D HDIJ 6.0K31 L./M32 9N A=294.1/90 079283<301 <301 3NN3;1/M3B OPQ%&'( Q%RS <3018 6/8137 .=9M3 .23 3NN3;1/M3 A01/6 ?96/;@ ;.0;366.1/90 7.13T G338 >/66 =3 >./M37 90 @9A2 ;A22<T WXYXVWXVZ [\WX [\V]^_Z`VZ]a UV[b ef ]Z\VXgUWhX i`__ gW jff X`]`VZ\Va [` klcdd fmlmnojepqrstusv jea jfjc '"#(#$)(&%!*!#"!$"+',$-#.'&/!%#%01) #2&((#'-!,34+)&5&3!-167&)&''+-82,'9&:#9&/#',9#;$%&'"#(#$)6,$%<&'2&((#'-!,3=#$#',3:!,0!3!)12&/#',9#;$%&'"#(#$)6,">?@A433)#'(",$%-&$%!)!&$"&*) #.&3!-1,..31+$3#""(&%!*!#%01) !"#$)A1) #*##*&') !"F3,$8#)4%%!)!&$,3B$"+'#%;$%&'"#(#$)6GH,9'##I!) CDE) ,),$1.J,)!&$I!) I &(CDE ,/##K#-+)#%,I'!))#$,9'##(#$).'!&')&,$1LDMM!",%%#%,"3NOMEPHQI!) 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I &(CDE ,/##K#-+)#%,I'!))#$,9'##(#$) ,"&) #'!$"+',$-#+") #*!'")$,(#%NOMEPHQ,$%) ,)!$"+',$-#,3"&,..3!#"6) #$) !"!$"+',$-#!".'!(,'1'!0+)&'1I!) ) ,)&) #'!$"+',$-#I #$) #I'!))#$-&$)',-)&',9'##(#$)0#)I##$CD&$&'&'9,$!J,)!&$6"!9$#%,$%#K#-+)#%01CDE0#*&'#) #mDQNLCNOnEPC&'oPDoHPpCQq%!$#**#-)%+'!$9) #.&3!-1.#'!&%6'#t+!'#") !"!$"+',$-#)&0#.'!(,'1,$%$&$l&'1A%&#") !"#$%&'"#(#$)I,!/#\]Sde\]SVfaYgVUahSihXUgYSZ[\]S^ZX`hjkaZVuUvS\]`Y&) !'%.,')!#" !'#%01) #NOMEPHQ)&.#'*&'(I&'8*&') #NOMEPHQ&'&$) #wxyz{|}~y…‚„…†‡ˆ€‰†‰‚‡ˆŠ‹Œ… ‰‡‰ Š‡ Ž‚ƒ„Œ €‰ …„†‰Š‘Š ƒŠ’„‹“ !"#,'(-().-+*&/&('&)'0,1)2(3,+4&*(*56.%(7+--(,2&1890.+:+8&26;<=>?@ABCDEBKFCDFLMNOFFM=PCMNBF@HCGQFMFCGEHCIHGH=JBKFCDFLMNOFCOM=SF!T"UV988.(,-'1)*2+)*&.&+)'+/.%(3+8&26133860)8(''-+*&/&(,'(-().VJ=SFXFFX=SHOZGCMAF=[CHKFX\?IDC=HMLMNOFFM=P]CDFF=^CHK?IDC=HM@GCHOCDCHMO=CMJRFOMDCMH_C=HM^H=S^SC^H==FM^CHKFM=SCOIFFMF`F@?=FNIJ=SFMCFNHMO?FNPCOFa?HFNIJ^H==FM@M=C@=PRHFM@FXCMJ""bg hf hijdkikfclmnheokkelepfg nedkqrh icklslqgclt<v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ll other terms, conditions and warranties remaining unchanged. This endorsement effective 07/08/2025 forms part of Policy Number LHR863406 issued to INDEPENDENT CODE CONSULTANTS, INC. by: Landmark American Insurance Company Endorsement No.: 10 Date Processed : 07/10/2025 RSG 56135 0523 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following: Miscellaneous Professional Liability Coverage Form Claims Made and Reported Basis - Broad In consideration of an additional premium of $250.00, it is agreed that Part IV. General Conditions, Section D. Notice of Cancellation and Nonrenewal is amended to read as follows: D. Notice of Cancellation and Nonrenewal The Named Insured may cancel this policy by mailing or delivering to the Company advance written notice of cancellation. For other than nonpayment of premium or deductible, the Company will give the Named Insured sixty (60) days written notice prior to cancellation or nonrenewal of this policy by mailing or delivering the notice to the first Named Insured’s last known mailing address. If the Company cancels the policy due to the Named Insured’s failure to pay a premium or deductible when due, this policy may be cancelled by the Company giving not less than 10 days written notice of cancellation. The cancellation notice will state the effective date of the cancellation and the policy will terminate on that date. If cancelled by the Company, the earned premium will be computed pro-rata. If cancelled by the Insured, the earned premium will be computed short rate. It is also agreed that the Company will provide ten (10) days advanced written notice of cancellation, (ten (10) days for nonpayment of premium or deductible only), nonrenewal, or reduction in insurance coverage to: The City of Cupertino 10300 Torre Ave., Cupertino, CA 95014 California Premium: NonTaxable Fees: Taxable Fees: Surplus Lines Tax: Stamping Fee: $250.00 $0.00 $0.00 $7.50 $0.45 Exh. D-1 - Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: May 2025 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) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D-1 Insurance Requirements Design Professionals & Consultants Contracts Exh. D-1 - Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on 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 if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed 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. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation 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 General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-1 - Insurance Requirements for Design Professionals & Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or 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 Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including 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 indemnification, defense, and 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. Plan review Services for Westport project Final Audit Report 2025-08-05 Created:2025-07-29 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAMZUpACejmGFIIiKKnY4d_E85uLkTxRQC "Plan review Services for Westport project" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-07-29 - 9:45:26 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-07-29 - 9:48:40 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-07-29 - 9:48:49 PM GMT- IP address: 54.198.7.117 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-07-29 - 10:36:20 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) for signature 2025-07-29 - 10:36:22 PM GMT Email viewed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) 2025-07-29 - 10:40:17 PM GMT- IP address: 172.226.212.7 Document e-signed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) Signature Date: 2025-07-30 - 1:22:41 PM GMT - Time Source: server- IP address: 66.234.210.132 Document emailed to michaelw@cupertino.gov for signature 2025-07-30 - 1:22:44 PM GMT Email viewed by michaelw@cupertino.gov 2025-07-30 - 1:22:50 PM GMT- IP address: 44.199.245.151 Signer michaelw@cupertino.gov entered name at signing as Michael K Woo 2025-08-05 - 2:49:28 AM GMT- IP address: 73.170.186.236 Document e-signed by Michael K Woo (michaelw@cupertino.gov) Signature Date: 2025-08-05 - 2:49:30 AM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Benjamin Fu (benjaminf@cupertino.gov) for signature 2025-08-05 - 2:49:33 AM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.gov) 2025-08-05 - 2:49:40 AM GMT- IP address: 54.236.17.131 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2025-08-05 - 5:43:23 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to kirstens@cupertino.gov for signature 2025-08-05 - 5:43:26 PM GMT Email viewed by kirstens@cupertino.gov 2025-08-05 - 5:43:33 PM GMT- IP address: 54.157.115.176 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2025-08-05 - 5:48:11 PM GMT- IP address: 64.165.34.3 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2025-08-05 - 5:48:13 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-08-05 - 5:48:13 PM GMT