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18-046 Independent Code Consultants, Inc., on call building plan review servicesFIRST AMENDMENT TO AGREEMENT 18-046 BETWEEN THE CITY OF CUPERTINO AND INDEPENDENT CODE CONSULTANTS, INC. FOR ON CALL BUILDING PLAN REVIEW This first Amendment to Agreement 18-046 between the City of Cupertino and Independent Code Consultants, Inc., for reference dated 5/30/2018, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Independent Code Consultants, Inc., a Corporation ("Consultant") whose address is 1931 San Miguel Drive, Suite 100 Walnut Creek, CA 94596, and is made with reference to the following: RECITALS: A. On 2/26/2018, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for on call building plan review services for a tem1 of 2/26/2018 to 6/30/2020. B. The Agreement and the First Amendments are collectively referred to as the ''Agreement--'-Lunless-otherwise indicated~-- C. City and Consultant desire to modify the Agreement on the tenns and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. COMPENSATION Paragraph 4 of the Agreement is modified to read as follows: 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $175,000 ("Contract Price"), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements. This constitute an additional amount of $25,000 to the $150,000 contract price in the original contract. 2. The following Exhibits to the Agreement, are amended and replaced to read as shown in the attachments to this Amendment: a. Exhibit C Revised, Statement of Qualifications for Plan Review Services, Exhibits A-C 3. Except as expressly modified herein, all other tenns 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. CONSULTANT B ,fa(<~ ~"---y_ ---- Title_President _______ _ REC~ED FOR APPROVAL By~~~~~ Title ~a~tfMW a~~* EXPENDITURE DISTRIBUTION PO #2018-506 100-73-714-701-701 Original $150,000 Amendment #1: $25,000 Total: $175,000 ,____ CITY OF CUPERTINO Bv-~c2::-__ · __ _ Title tb<;. $:t. \2£ x2--C,l? \::P A~JU City Clerk b . ').S-:-/ f I Memo To: From: cc: Date: Re: Rocio Fierro, Acting City Attorney Abby Ayende Araceli Alejandre June 11, 2018 1st Amendment for Independent Code Consultants, Inc. The request for the increase of $25,000 within four-months of the contract origination date is due to a large plan review that used up almost 80% of the amount. No additional scope is being added to the original contract. The nature of Building Department contracts is for plan review services, although the scope remains consistent, the types of projects vary in size and amount. The need to continue to have a consulting firm help with the overflow plan review to meet our turnaround times is due to the implementation of two systems within our department: Accela and ProjectDox. We have dedicated most of our plan review staff to work with our IT team to help with the implementation of our new permit tracking and electronic plan review implementation that is expected to Go-Live in July. EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts 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 l. 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 Fonn 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 01 (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 and non-contributory 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. D 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 $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. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Feb. 2018 1 Additional Insured Status The City of Cupe1iino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the fonn 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 AM. 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 duringthe 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 byConsultant. 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. Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Feb. 2018 2 INDEP-2 OP JD· BMH ACORD* CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/03/2018 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). PRODUCER 925-516-4700 2fiji!lcr Melissa Hoffman Discovery Bay Ins. Serv., Inc. 1555 RiverJake Rd., Ste. F FitJ8,NJ0 , Ext): 925-516-4700 I Ft~. No): 925-516-4202 Discovery Bay, CA 94505 Melissa Hoffman ~nMnt{~ss: melissa@discoverybayins.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Kinsale Insurance Co. 38920 INSURED Independent Code Consultants INSURER B : United Financial Casualty Co. 11770 Abigail Obligacion INSURER c : State Compensation Ins Fund 1931 San Miguel Dr., Ste. 100 Walnut Creek, CA 94596 INSURER D : Landmark American Ins. Co. 33138 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~4l.f TYPE OF INSURANCE ~.!?Jl~ ~.~~nR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ =:J CLAIMS-MADE [Kl OCCUR DAMAGE TO RENTED 100,000 y 0100060709-0 01/10/2018 01/10/2019 PREMISES !Ea occurrence\ $ MED EXP /Anv one oersonl $ excluded - PERSONAL & ADV INJURY $ excluded - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 11 POLICY D ~r8r D LOC PRODUCTS· COMP/OP AGG $ excluded OTHER: $ 8 AUTOMOBILE LIABILITY PE~~~~~~~ti3INGLE LIMIT $ 1,000,000 f-- ANY AUTO 064613270 01/11/2018 01/11/2019 BODILY INJURY !Per person\ $ ~ OWNED X SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY /Per accident) $ X ~l\\'ffi; ONLY _!_ ~Bro~~t~ fp~?~~ciii1~AMAGE $ HNOA $ 100,000 A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 -- 0100060710-0 X EXCESS LIAB CLAIMS-MADE 01/10/2018 01/10/2019 AGGREGATE $ 2,000,000 OED I X I RETENTION$ 10000 $ C WORKERS COMPENSATION XI ~.\%uTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N 9224300-18 01/11/2018 01/11/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ 1,000,000 D Errors & Omissions LHR767687 01/10/2018 01/10/2019 E&O 2,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Ciry of Cupertino, its City Council, officers, officials, employees, a9ents, servants and volunteers are listed as additional insureds on General Loablllty per attached endorsement. CERTIFICATE HOLDER The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Melissa Hoffman All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITIEN CONTRACT -EXCLUDING PRODUCTS/COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100060709-0 12:01AM at the Named Insured address shown on the Independent Code Consultants, Inc. Declarations Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE A. SECTION II -WHO IS AN INSURED is amended to include any person or organization you are required to include as an additional insured on this policy by written contract in effect during the policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage", but only for the vicarious liability imposed on the Additional Insured provided that such liability is caused by the sole negligent conduct of the Named Insured. B. The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. In the event the written contract requires limits of insurance in excess of the Limits of Insurance provided by this policy, the Limits of Insurance provided by this policy shall apply and not the limits required by the written contract. This endorsement shall not increase the Limits of Insurance stated in the Declarations of this policy. 2. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products-completed operations hazard." 3. Any insurance provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance apply on a primary or primary and noncontributory basis. 4. Where there is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured. This insurance does not apply to "bodily injury" or "property damage, "arising out of the sole negligence of the Additional Insured or any employees of the Additional Insured. C. Duties of the Additional Insured in the event of "occurrence", claim or "suit": 1. The Additional Insured must promptly give notice of an "occurrence", a claim which is made or a "suit", to any other insurer which has insurance for a loss to which this insurance may apply. 2. The Additional Insured must promptly tender the defense of any claim made or "suit" to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5015 0317 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endarsement 0100060709-0 12:01AM at the Named Insured address shown on the Declarations Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE Named Insured Independent Code Consultants, Inc. The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement 12:01AM at the Named Insured address shown on the 0100060709-0 Declarations Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Named Insured Independent Code Consultants, Inc. SECTION IV -CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 Page 1 of 1 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMPENSATION INSURANCE FUND 9224300-18 NEW NA HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PAGE EFFECTIVE JANUARY 12, 2018 AT 12.01 A.M. AND EXPIRING JANUARY 12,. 2019 AT 12.01 A.M. INDEPENDENT CODE CONSULTANTS (A CO 1931 SAN MIGUEL DR WALNUT CREEK, CA 94596 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US, THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS . POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELO TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~~,q, FEBRUARY 12, 2018 ~J'>" .dl;,,~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) 1 OF 1 2572 OLD OP 217 CITY OF m MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT -,vITHINDEPENDENT CODE CONSULTANTS. INC. FOR ON CALL CUPERTINO BUILDING PLAN REVIEW 1. PARTIES This Master Agreement is made and entered into as of February 26, 2018 (''Effective Date"), by and between the City of Cupertino, a municipal corporation ("City"), and Independent Code Consultants, Inc. ("Contractor''), a _c_o_;.rp_o_ra_ti_01_1 _________ for on call building plan review services 2. SERVICES 2.1 Scope of Services. ~ontrnct01; agrees to provide the Services set forth in the Scope of Services, attached and inc01µorated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City's Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in wdting a11d hold a meeting with Contractor to discuss the Service Order. Contractor will submita written proposal that includes a specific Scope of Services, Schedule of Perfo1111ance and Compensation, ,~luch the Pru.ii es \¥ill discuss. Thereafter, City will execute a Service Order Form for the Services, attached and inc01µorated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these 1;rocedures based on the City's best interests. Contractor will not be compensated for Services perfonned without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2020 ____ _ ("Contract Time"), unless terminated earlier as provided herein. 3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. 3.3 Time is of the essence for the perfonnance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.l Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $150,000.00 ("Contract Price"), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain inplacc even if Contractor's ac111al costs exceed the capped amount. Project Building On Call Plan Review /\faster Pwfossional/Specialized Services Agreenlenti Rev. Nov 3, 2017 Page I of8 4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.2 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thi1ty days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.l Status. Contractor is. an independent contractor and not an employee, pa1tner, or joint venture of City. Contractor is solely responsible for the means and methods of perfonning the Se1vices 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 perfonn 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 ce1tified to perform the Services as required by law and have procured a City Business License. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, 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 Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6. PROPRIETARY/CONFIDENTIAL INF0Rl\.'1ATI0N 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 patties may be damaging to City. Contractor shall hold in confidence all City infonnation and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City infonnation as a reasonably prudent contractor would use to protect its o,vn proprietary data. /!/ !II Project Building On Call Plan Review Master Professional!Specializcd Scr\'ices AgrcemenU Rev. Nov 3, 2017 Pagc2of8 7. O"\\'NERSHIP 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 info1111ation or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent pennit1ed by Title 17 of 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 prope1iy 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 cl'eated 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 (cl) Other City projects. 7.5 Deliverables and Format. C6ntractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 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 perfonnance, benclunarks 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 years from the date of City's final payment. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer t11is 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 will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity. Ill Ill Ill -·--~ Project Building On Call Plan Review Master ProJessionaliSpecializcd Services Agrcemcnti Rev. Nov 3,2017 Page 3 of8 10. PUBLICITY/ SIGNS Any publicity generated by Contractor for the project under this Agreement, dwing 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. 1:1. 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 hannless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and Contractors ("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 attomey 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 of Contractor or its subcontractors or sub-subcontractors; ( d) Unautho1ized 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-paity claim, in accordance with California Public Contract Code Section 9201. 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, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, 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 ce1tificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and Ill /// Project Building On Call Plan Reriew Master l'rofossional!Specialized Serl'ices Agreement! Rev. Nllv 3,2017 Page4of8 expiration dates of coverage. Failure to comply with t11is 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. COl\'lPLIANCE \VITH 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 Inunigration Reforn1 and Control Act. 13.2 Labor Laws. Contractor shall comply with a11 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. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis ofrace, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, .sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AlDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Govermnent 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, byContractor or Contractor's employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest. Conttactor 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 co1.rnnission 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 Gpvemment 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, a_s defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's ml.es 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 COORDINA TYON 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. Ill Ill Project Building On Call Plan Review Master Profossional/Specialized Services Agreement/ Rev. Nov 3, 2017 Page 5 of8 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 Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City's project manager about the status, progress and any delays with the work. City's \Vritten approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts thereof 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 Se1vices will be compensated up to a maximum often percent (10%) of the total time expended to date in the perfonnance of the Services. 16. TERMJNATION City may tenninate 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 govemed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Comt 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 mvard must be suppo1ied by law and substantial evidence and include detailed written findings oflmN 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. \VATVER 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. Ill Ill Project Building On Call Plan Review Master PwfessiLlJ!al!Specialized Services Agreement! Rev. Nov 3, 2017 Page 6 of8 21. ENTIREAGREEMENT 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 ,vritten, 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 the main Agreement and the attaclm1ents or exhibits thereto, the text of the main Agreement shall prevail. 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. 23. HEADINGS The headings in this Agreement are for convenience only, are not a pait of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.. 24. SEVERABILITY/PARTIAL INVALIDITY If any te1111 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. 111e 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 fademnification, 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 To Contractor: Independent Code Consultants, Inc. --~-----10300 Torre Ave., Cupertino CA 950 J 4 1931 San Drive, Suite I 00, Walnut Creek, CA 94596 ·----------- Attention:Sean Hatch Attention: Abigail Ohligacion -----------------Em ail; SeanH@cupertino.org __________ , Emai J; ao b I igacion@i nclependentcodeconsu I tan ls.com -----------------'----------·---------------- N ••----- Project --=-=== Building On Call Plan Review Master l'rofessional!Specialized Services Agreement/ Rev. Nov 3. 20.17 Page 7 of8 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized clesignee, and ( c) is approved for form by the City Attorney's Office. 28. 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 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONTRACTOR Independent Code Consultants, Inc • --,:::, .-'JJ ~ "' Bv ,:;:.?l/)-·l c_y------- ..,, ---·~--------·-···-··--·-----····-------- Name Abigail ObJigacion _____ _ Title President Date 4/3/2018 ---------------·R-·-· Tax l.D. No.:37-1876785 APPROVED AS TO FORM: .-----~ () j( \.AN OLPH STEVENSON HOM Cupertino City Attorney ATTEST: Project Building On Call Plan Review CITY OF CUPERTINO By~6Ut~~~~IJ=f''----~~ Name Aarti Shrivastava Title Assistant City Mana_ger Date --fil])-0}~ ----------- !\faster Prolessil,nal.'Specializ1:d Services Agreement/ Rev. Nov 3, 2017 Pag.: /< of8 January 22, 2018 Albert Salvador I Building Official City of Cupertino Building Division 10300 Torre Avenue Cupertino, CA 95014 Subject: Statement of Qualifications for Professional Services -Plan Review Services Dear Mr. Salvador: Independent Code Consultants, Inc. is pleased to submit our statement of qualifications to provide plc;3n review services for the City of Cupertino (City). Independent Code Consultants, Inc. was originally established in January 1995 with Greg Shriver as its sole proprietor. For nearly 15 years, Greg Shriver's clients have come to know him for the quality of his work, reliability, dependabifity and his great customer service. As of December 2017, Independent Code Consultants, Inc. has been re~opened its doors with Greg Shriver serving an active role with the revival of the company. Independent Code Consultants, Inc. is comprised of a team of highly qualrfied individuals that worked together in the building safety industry for over 4 years, and will strive to continue to serve the building safety indust1y with the customer service, reliability, dependability and quality that Greg Shriver's clients have come to expect. Independent Code Consultants, Inc. will work. with you and your team to ensure all plan reviews are performed to ensure compliance witl1 all currently adopted State and local codes, ordinances, rules and regulations. Independent Code Consultants, Inc. will manage all communication and coordination with the City through the use of a single point of contact, Abigail (Abby) Obligacion. Abby will coordinate and ensure resources and personnel are made available for the City. Thank. you for the opportunity to provide our statement of qualifications to assist with your City's needs. If you have any questions or require additional information, please do not hesitate to contact Abby Obligacion at 925.433.1991 or aobligacion@independentcodeconsultants.com Respectfully submitted, Abigail Ob!igacion President Independent Code Consultants, Inc. CITY OF CUPERTINO! 2 r fil f 1111 os1n Ill Ir r Independent Code Consultants, Inc. was originally established in January 1995 and remained in operation for nearly 15 years. As of December 2017, Independent Code Consultants, Inc. has re- opened its doors with its original owner, Greg Shriver, serving an active role with the revival of the company. FIRM NA.l\1E: TYPE OF FIRi'\,1: PRESIDENT: Independent Code Consultants, Inc. Corporation Abigail Opligacion . PHONE NUMBER:. EIVlAIL: CLIENT LIAISON: 925.433.1991 aobligadon@independentcodeconsultants.com Greg Shriver ,!lllllill!!' D,~ ~ • j ,~ PHONE NUMBER: E-.M.AlL: 925.209.6909 gshriver@independentcodeconsuitants.com I i j . J. ~,,)~ Independent Code Consultants, Inc. has worked with different municipalities and government agencies throughout the Bay Area, Sacramento and Central Valley. Through our resources, extensive knowledge, and understanding of the City's ordinances and needs, we are able to maintain and offer the same customer service and quality that our clients have come to expect. Independent Code Consultants, Inc. consists of a team that is committed to perform quality building, CASp and fire plan reviews with quality and excellent customer service. We strive to ensure that we are available to our clients. Communication between our plan review team, inspection team, building and fire staff, and other stakeholders will ensure that issues are handled immediately and expectations are clearly identified between all parties. Independent Code Consultants, Inc. is prepared to provide interim support staff that includes on-site plans examiners/engineers within one business day. Our staff has a clear understanding of the City's processes, procedures and ordinances and can easily serve as an extension to City staff. It is our goal to ensure minimum code compliance is met with applicable local, State and Federal codes, laws and regulations to help the Building Safety Division. Independent Code Consultants, Inc. is dedicated to meet you City's needs while maintaining quality, reliability, dependability and excellent customer service Independent Code Consultants, Inc. is prepared to provide CASp inspections, and civil on-site plan reviews. In order to perform tllese services and due to the complexity of the different codes, rules and regulations, Independent Code Consultants, Inc. will coordinate with our pool of resources of sub-consultants to ensure that the reliable quality service is maintained for our clients. CITY OF CUPERTINO! 3 Independent Code Consultants, lnc.'s scope of services includes plan review services for the City of Cupertino's Building Division on an as-needed basis per the scope of the contract. Per the scope of the contract, the City of Cupertino will submit plans with the form as shown on Exhibit B found on page 10 and that form wi!I be attached to the comments and to the invoice. Fees for plan reviews are outlined in Exhibit C found on page 11. See page 1 i for rates and not to exceed amounts. CiTY OF CUPERTINO! 4 I ifi ti n ft Ill! arm Abigail Obligacion I President Ms. Abigail Obligacion has over 12 years of experience as a plan reviewer with over 2.5 years of project management and coordination, 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. Greg Shriver I Client Liaison Mr. Greg Shriver has more than 30 years of experience in the pe1iormance of plan review engineering services. Greg originally established Independent Code Consultants, Inc. and offered his clients his expertise in the California's Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his business expertise to ensure his legacy through the revival of his company. Kelly Park-Li I Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and private sector. Her experience is built upon a foundation of 7 years as a project engineer for a structural engineering firm. Kefly provided plan review services for city and county jurisdictions in the Bay Area. 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 housing, and commercial buildings. Venissa Espinosa I Permit Technician Ms. Venissa Espinosa has 2 years of experience as a permit technician and se1ves as office manager for Independent Code Consultants, Inc. Venissa is a professional individual with experience working in various paced environments. She executes multiple tasks with speed, and accuracy. She has excellent analytical, interpersonal and communication skills. Venissa has the ability to interface with all levels of customers, employees, and management. CITY OF CUPERTINO! 5 ORGANIZATION CHART CITY OF CUPERTINO! 6 ABIGAIL OBLIGACION President Ms. Abigail Obligacion has over 12 years of experience as a plan reviewer with over 2.5 years of project management and coordination, 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. B.S., Civil and Environmental Engineering University of California, Davis ICC Building Plans Examiner WORK EXPERIENCE CEL Consulting: Code Resource Group Served as Director of tl1e Code Resources Group Division that created a new building safety division from the ground up. Duties include recruitment, 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. As a senior plans examiner and project mwanager, Abigail performed plan review quality control and oversaw the daily operational activities from plan review to document control. TRB and Associates, Inc. As plan review engineer, Abigail reviewed plans and specifications to verify compliance with various buifding codes and zoning regulations and zoning regulations ranging from single family dwellings to new townhomes to commercial buildings. CITY OF CUPERTINO! 7 GREG SHRIVER Client Liaison Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services. Greg originally established Independent Code Consultants, Inc. and offered his clients his expertise in the California's Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his business expertise to ensure his legacy through the revival of his company. B.S., Civil Engineering University of California, Fresno State of California Professional Civil Engineer CASp Ce1iified WORK EXPERIENCE CEL Consulting: Code Resource Group Served as client liaison and offered technical plan review services. Provided on~site plan review services to several clients. 4LEAF, Inc. Responsible for the management and performance of plan review for 4LEAF's entire plan review clientele. lnterwest Consulting Group Performed plan reviews for Fire/Life Safety, Structural, Accessibility for many municipalities. Independent Code Consultants Greg owned his own company for nearly 15 years performing plan reviews for several different municipalities in the Bay Area. CITY OF CUPERTINO! 8 Kelly Park-Li Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and private sector. 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. 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 housing, and commercial buildings. B.S., Structural Engineering University of California, San Diego State of California Professional Civil Engineering State of California Professional Structural Engineer ICC Building Plans Examiner CASp Certified WORK EXPERIENCE CEL Consulting: Code Resource Group 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. Responsible for reviewing drawings and documents submitted to obtain building permits for conformance with the California 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 and also 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 approvais from the City and OSHPD jurisdictions. Venissa Espinosa Permit Technician CITY OF CUPERTINO! 9 Ms. Venissa Espinosa has 2 years of experience as a permit technician and serves as office manager for Independent Code Consultants, Inc. Venissa is a professional individual with experience working in various paced environments. She executes multiple tasks with speed, and accuracy. She has excellent analytical, interpersonal and communication skills. Venissa has the ability to interface with all levels of customers, employees, and management. WORK EXPERIENCE/ PROJECTS On-Call I As-Needed City Permit Technician Assist/fill-in for Permit Technicians that are on vacation. Responsible for a variety of clerical and technical duties that include: Process procedures associated with professionals obtaining permits via in-person or fax; Familiar with building plans, codes, ordinances and related terminology; answering and returning phone calls. CEL Consulting: Code Resource Group Venissa served as permit technician supervisor and is responsible for assisting plan review engineers and multiple jurisdictions via email, phone or in-person. She coordinates with jurisdiction to custom make their own letter template which involves obtaining emails for distribution, city ordinance, information on where to resubmit. and the format. Plan review tracking and billing maintenance includes data entry, data updates and; maintenance on Excel spreadsheets, File Maker, Box and MS Dynamic SL Program. 4LEAF, Inc. In addition to assisting the Plan Review Engineers and Jurisdictions, Venissa also served as a City Permit Technician on as needed basis: Assist/fill-in for Permit Technicians that are on vacation. Responsible for a variety of clerical and technical duties that include: Process procedures associated with professionals obtaining permits via in-person or fax; Familiar with building plans, codes, ordinances and related terminology; answering and returning phone calls. EXHIBIT B CITY OF CUPERTINO ! 10 Building Department CITY OF CUPERTINO 10300 TORRE A VENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3228 • FAX: (408) 777-3333 CUPERTINO OUTSIDE AGENCY PLAN CHECKING FEES Date: Permit Number: Project Address: Initial City Plan Check Fees Collected: Outside Agency Plan Check Fee Basis: Initial Plan Check Fee (J.st & 211d plan checks included): Amount:$ ------ (Agency Fee= 65% of City Plan Check Fees Collected) Additional Plan Reviews/Revisions/Deferred Items Submittal#: --- Rate: $125 per hour Requestor: Hours: ___ (2hr min.) Total amount: --- 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 email the plan check comments to: iasminca(Cl)cupertino.org ahigaila(c1kupe1tino.or2: kimd@cupertino.01:g ~·Please do not give plan check comments directly to the customer. We do not give out comments until we have all of them back from each department. Please also attach this form to the invoice. CITY OF CUPERTIN0/ 11 EXHIBIT C Proposal Cost Sheet and Rates PLAN REVIEW TIMELINE Independent Code Consultants, Inc. will be able to cater to your needs, which includes attending meetings and workshops when necessary. We also are able to meet or exceed the following time lines for plan review services: Standard Turnaround Times: , Standard Turnaround Times: First Submittals: 10 days First Submittals: 15 days Subsequent Submitta!s: 5 days Subsequent Submitta!s: 10 days Expedited Turnaround Times*: Expedited Turnaround Times*: First Submittals: 5 days First Submittals: 10 days Subsequent Submittals: 3 days Subsequent Submittals: 7 days * Expedited Turnaround Times will be subject to discussion by all concerned parties. Complete Plan Review Fee (first submittal plus two (2) additional subsequent submittal) All other Building, Safety Plan Review Submittals Non-Structural Review Structural Review Plans Examiner/Engineer CASp Inspector Permit Technician Work over 8 hours a day Work over 12 hours, Monday through Friday Work on Saturdays Work over 8 hours on Saturday Work on Sundays/Holidays Reimbursables Present through June 30, 2018: July 1 through June 30, 2019 July 1 through June 30, 2020 65% of Plan Review Fee $125.00 Hour $125.00 Hour $125.00 Hour $'125.00 Hour ·kRate varies by building $65.00 Hour Time and One-Half Double Time Time and One-Haff Double Time Doubfe Time Cost $30,000.00 $60,000.00 $60,000.00 EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts 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 ,vith companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINll\'lUMS 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 adve1tising injury with limits no less than $2,000,000 per occurrence (ISO Fonn CG 00 01 ). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Fonn 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 01 (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 prima1y and non-contributory 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 0 I covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and prope1iy damage. 3. Workers' Compensation: As required by the State of California, with Statutmy Limits and Employer's Liability Insurance of no less than $1,000,000 per occmTence for bodily injury or disease. D Not required. Consultant has prcJ11ided written ver(fication cf no employees. 4. Professional Liability for professional acts, en-ors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made fonn: 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 fonn 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 shall be endorsed and have all the following conditions and provisions: Exh. D-.Jnsurance Requirements/or Design Pn~(essionals & Consultants Contracts L--- Form Updated Feb. 2018 1 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 policy. General Liability coverage can be provided in the fon11 of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 l O (1 I/ 85) or both CG 20 10 and CG 20 3 7 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insmance. 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 perfonned 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 Se(f-Jnsurerl Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insul'er 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 adm.inistration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may he satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an AM. 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 duringthe 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 I11sura11ce 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 byConsultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the natme of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Exh. D-fnsura11cc Requirements.for Design Professionals & Co11s11/tal/fs Contracts Form Updated Feb. 2018 ~--2 INDEP-2 OPID· BMH ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) "-.----04/03/2018 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 riohts to the certificate holder in lieu of such endorsementlsl. PRODUCER 925-516-4700 P.S.l!.'lX:1cT Melissa Hoffman Discovery Bay Ins. Serv., Inc. F1/8,NJ0 , Ext): 925-516-4700 j r.ea, No): 925-515-4202 1555 Rlverlake Rd., Ste. F ~l:ir:::\ro~f~a~A 94505 ~;t,:l,~!,~~. mellssa@dlscoverybaylns.com INSURER1Sl AFFORDING COVERAGE I NAIC# ·-JtiSURERA, Kinsale Insurance Co. j38920 INSURED Independent Code Consultants J!:!$.URERJ3 , United Flnanclal Casualty Co. -111770 Abigail Obllgaclon 1931 San Miguel Dr., Ste.100 INSURER c , State Compensation Ins Fund Walnut Creek, CA 94596 INSURER D : Landmarl< American Ins. Co. 33138 INSURER E :-----------·-----·--------·--···--··----· ------·-·----·- INSURER F: COVERAGES CERTIFICATE NUMBER: · REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ---,-----------·--------·--·1--·..:···---·------------------·-·----·-· -------··-·----·-·------·-···--·--····----·-1~1: TYPE OF INSURANCE ,(\.~J'..\-i~,Y.!lnR POLICY NUMBER I POLICY EFF POLICY EXP LIMITS A I X I COMMERCIAL GENERAL LIABILITY i I l---+-J CLAIMS-MADE [>I] OCCUR I y ! I 1 -I I ', . ·---·--·-·---·--· --------i l ,_ GEN"L AGGREQ"'TE LIMIT APf~.!!;S PER: l I 1 .. 2<-I POI.ICY [J m?r 1___J LOG I 1. i I OTHER: B I AUTOMOBILE LIABILITY LJANYAUTO ' ; OWNED ,.-:--X SCHEDULED L I AUTOS ONL y ~ AUTOS i x"i HIRED ! X NON-OWNED n AUTOS ONLY r-AU fOS ONLY A LJ UMBRELLA LIAB ~ OCCUR i i X i EXCESS LIAB I I CLAIMS-Mt~ I I DED I X l RETENTIONS 100001 C iwoRKERS COMPENSATION I j /AND EMPLOYERS' LIABILITY y' N I . i ANY PROPRIETOR/PARTNER/EXECUTIVE 0 . 1 N , A 1 ! OFFICER/MEMBER EXCLUDED? I i i (Mandatory in NH) 1 i If ves, describe under ! i n~<::f'RIPTION OF OPERATIONS below i ! D /Errors & Omissions ' l I i I I I 0100060709-0 1064613270 0100060710-0 9224300-18 LHR767687 I I ·"'='" I I i I 01,11,2018 I I 0-1111,2018 I / 011101201a ! 01/10/2019 01/11/2019 01/10/2019 01/11/2019 01/10/2019 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100 000 . PR..l;MLSES 1Eil os;i;,.J!Ienc9)____ s ....... _ .. _______ • .. MED EXP f Anyy1e persorJ __ ,_§__ ---------·---:.:'.:~~~.'.'..~ __ PERSONAL & ADV INJURY ..... S -·--·-----=·::_".'_':.:_d GENERAL AGGREGATE____ s ____________ _:'.~~.ooo _PRODUCTS· COMP/OP AGG s ________ .":"'_'.:~_"_:: s BODILY INJURY_{Per !?!!.r=so=n'L.-fl-"S __________ _ BODILY INJURY (Per accidenll S 1HNOA s 100,000 EACH OCCJJ~R~R,=EN~C=E~---1-=$ ______ 2_,o_o_o,_oo-to AGGREGATE s 2,000,000 lH~lrfTUTE I I rJH- E.L. EACH ACCIDENT 1,000,000 ..Li,,j)~EASE -EA E.t11-~P~LO~Y~E='F,,-"-s _____ 1_,o_o_o,_oo-lo E.L. DISEASE -POLICY LIMIT $ 1,000,000 E&O 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The Ciry of Cupertino, its City Council, officers, offlclals employees, agents, servants and volunteers are listed as additional insureds on Genera( Llablllty per attached endorsement. CERTIFICATE HOLDER The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 ACORD 25 (2016/03} CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT -EXCLUDING PRODUCTS/COMPLETED OPERATIONS Att'ached To and Forming Part of Policy Effective Date of Endorsement Named Insured . -------·· 0100060709-0 12:01AM at the Named Insured address shown on the Independent Code Consultants, Inc. Declarations Additional Premium: I Return Premium: $0 - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE A. SECTION If· WHO IS AN INSURED is amended to include any person or organization you are required to include as an additional insured on this policy by written contract in effect during the policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage", but only for the vicarious liability imposed on the Additional Insured provided that such liability is caused by the sole negligent conduct of the Named Insured. B. The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. In the event the written contract requires limits of insurance in excess of the Limits of Insurance provided by this policy, the Limits of Insurance provided by this policy shall apply and not the limits required by the written contract. This endorsement shall not increase the Limits of Insurance stated in the Declarations of this policy. 2. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products-completed operations hazard." 3. Any insurance provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance apply on a primary or primary and noncontributory basis. 4. Where there is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured. This insurance does not apply to "bodily injury" or "property damage, "arising out of the sole negligence of the Additional Insured or any employees of the Additional Insured. C. Duties of the Additional Insured in the event of "occurrence", claim or "suit": 1. The Additional Insured must promptly give notice of an "occurrence", a claim which is made or a "suit", to any other insurer which has insurance for a loss to which this insurance may apply. 2. The Additional Insured must promptly tender the defense of any claim made or "suit" to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5015 0317 Page 1 of l THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement 0100060709-0 12:01AM at the Named Insured address shown on the Declarations Additional Premium: I Return Premium: $0 -·- This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE Named Insured Independent Code Consultants. Inc. The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 TI-IIS ENDORSEMENT CHANGES Tl-IE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement 12:01AM at the Named Insured address shown on the 01000607 09-0 Declarations - l~eturn Premium:· Additional Premium: $0 - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Named Insured Independent Code ConsL11fants. Inc. SECTION IV -CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for Injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. · ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 Page 1 of 1 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMPENSATION INSURANCE FUND 9224300-18 NEW NA HOME OFFICE SAN FRANCISCO ALL EFFECTIVE. DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PAGE EFFECTIVE JANUARY 12, 2018 AT 12.01 A.M. AND EXPIRING JANUARY 12, 2019 AT 12.01 A.M. INDEPENDENT CODE CONSULTANTS (A CO 1931 SAN MIGUEL DR WALNUT CREEK, CA 94596 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US, THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS . POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~i.:e:t FEBRUARY 12, 2018 t.l~,~ .df :,~ PRESIDENT AND CEO SCIF FORM 10217 IREV.7-2014) 1 OF 1 2572 OLD DP 217 -INDEP-2 OPID· BMH ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 04/03/2018 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/sl. PRODUCER 925-516-4700 f.l?.tf/l-CT Melissa Hoffman Discovery Bay Ins. Serv., Inc. 1555 Riverlake Rd., Ste. F rt8,NNEo, Ext): 925-5164700 I Fffc. Nol: 925-516-4202 Discovery Bay, CA 94505 Melissa Hoffman !'h,M..!}!I,~~-melissa@discoverybayins.com i INSURERIS) AFFORDING COVERAGE NAIC# INSURER A: Kinsale Insurance Co. 38920 INSURED Independent Code Consultants INSURER B: United Financial Casualty Co. 11770 i Abigail Obligacion INSURER C : State Compensation Ins Fund 1931 San Miguel Dr., Ste.100 ' Walnut Creek, CA 94596 INSURER D : Landmark American Ins. Co. 33138 I I ' I INSURER E: i i ' INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE I -?:.\JP.!-,~.~tR POLICY NUMBER ..f'.f)LICY EFF POLICY EXP ITR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r--=i CLAIMS-MADE CK] OC~UR i i ~~~t:i~J9E~~~~~?AnCAl 100,000 y 0100060709-0 01/10/2018 01/10/2019 $ r--i I MED EXP /Anv one oersonl $ excluded r-- I i PERSONAL & ADV INJURY $ excluded -I ~'L AGGREGATE LIMIT APPLIES ~ER: GENERAL AGGREGATE $ 2,000,000 POLICY D rr8i' D Loe I excluded PRODUCTS -COMP/OP AGG $ OTHER: j I $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (E::1 accident' I I ANY AUTO 064613270 01/11/2018 01/11/2019 BODILY INJURY /Per oersonl $ -OWNED -SCHEDl,JLED I AUTOS ONLY X AUTOS BODILY INJURY /Per accident) $ --' iP~9~~c~le~t~AMAGE X ~lfT'Ws ONLY X NON-OWNED $ --AUTOS ONLY HNOA $ 100,000 A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 2,000,000 -0100060710-0 X EXCESS LIAB CLAIMS-MADE 01/10/2018 01/10/2019 AGGREGATE $ 2,000,000 DED I X I RETENTION$ I ' 10000 $ C WORKERS COMPENSATION XI ~f~TUTE I I ifJH-AND EMPLOYERS' LIABILITY Y/N 9224300-18 01/11/2018 01/11/2019 $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,000 D Errors & Omissions LHR767687 01/10/2018 01/10/2019 E&O 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The Ciry of Cupertino, its City Council, officers1 officials, empl~ees, a9ents, servants and volunteers are listed as additional insure s on General Liability per attached endorsement. CERTIFICATE HOLDER The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Melissa Hoffman The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT -EXCLUDING PRODUCTS/COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100060709-0 12:01AM at the Named Insured address shown on the Declarations Independent Code Consultants, Inc. Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE A. SECTION II· WHO IS AN INSURED is amended to include any person or organization you are required to include as an additional insured on this policy by written contract in effect during the policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage", but only for the vicarious liability imposed on the Additional Insured provided that such liability is caused by the sole negligent conduct of the Named Insured. B. The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. In the event the written contract requires limits of insurance in excess of the Limits of Insurance provided by this policy, the Limits of Insurance provided by this policy shall apply and not the limits required by the written contract. This endorsement shall not increase the Limits of Insurance stated in the Declarations of this policy. 2. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products-completed operations hazard." 3. Any insurance provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible insurance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance apply on a primary or primary and noncontributory basis. 4. Where there is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured. This insurance does not apply to "bodily injury" or "property damage, "arising out of the sole negligence of the Additional Insured or any employees of the Additional Insured. C. Duties of the Additional Insured in the event of "occurrence", claim or "suit": 1. The Additional Insured must promptly give notice of an "occurrence", a claim which is made or a "suit", to any other insurer which has insurance for a loss to which this insurance may apply. 2. The Additional Insured must promptly tender the defense of any claim made or "suit" to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5015 0317 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy Effective Date of Endorsement 0100060709-0 12:01AM at the Named Insured address shown on the Declarations Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE Named Insured Independent Code Consultants, Inc. The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement 12:01AM at the Named Insured address shown on the 0100060709-0 Declarations Additional Premium: ' Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Named Insured Independent Code Consultants, Inc. SECTION IV-CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 Page 1 of 1 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMP5NSATION INSURANCE! FUND 9224300-18 NEW NA HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PAGE EFFECTIVE JANUARY 12, 2018 AT 12.01 A.M. AND EXPIRING JANUARY 12~ 2019 AT 12.01 A.M. INDEPENDENT CODE CONSULTANTS (A CO 1931 SAN MIGUEL DR WALNUT CREEK, CA 94596 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS . POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~!!.SC FEBRUARY 12, 2018 ti,,'?" xll~~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) l OF 1 2572 OLD DP 217 ' -<'~-( .. ~i ~~t,.-- 4£~J~$~; January 22, 2018 Albert Salvador I Building Official City of Cupertino Building Division 10300 Torre Avenue Cupertino, CA 95014 Subject: Statement of Qualifications for Professional Services • Plan Review Services Dear Mr. Salvador: Independent Code Consultants, Inc. is pleased to submit our statement of qualifications to provide plan review services for the City of Cupertino (City). Independent Code Consultants, Inc. was originally established in January 1995 with Greg Shriver as its sole proprietor. For nearly 15 years, Greg Shriver's clients have come to know him for the quality of his work, reliability, dependability and his great customer service. As of December 2017, Independent Code Consultants, Inc. has been re-opened its doors with Greg Shriver serving an active role with the revival of the company. Independent Code Consultants, Inc. is comprised of a team of highly qualified individuals that worked together in the building safety industry for over 4 years, and will strive to continue to serve the building safety industry with the customer service, reliability, dependability and quality that Greg Shriver's clients have come to expect. Independent Code Consultants, Inc. will work with you and your team to ensure all plan reviews are performed to ensure compliance with all currently adopted State and local codes, ordinances, rules and regulations. Independent Code Consultants, Inc. will manage all communication and coordination with the City through the use of a single point of contact, Abigail (Abby) Obligacion. Abby will coordinate and ensure resources and personnel are made available for the City. Thank you for the opportunity to provide our statement of qualifications to assist with your City's needs. If you have any questions or require additional information, please do not hesitate to contact Abby Obligacion at 925.433.1991 or aobligacion@independentcodeconsultants.com Respectfully submitted, Abigail Obligacion President Independent Code Consultants, Inc. CITY OF CUPERTINO! 2 Profile of Proposing Firm Independent Code Consultants, Inc. was originally established in January 1995 and remained in operation for nearly 15 years. As of December 2017, Independent Code Consultants, Inc. has re- opened its doors with its original owner, Greg Shriver, serving an active role with the revival of the company. Independent Code Consultants, Inc. Corporation Abigail Obligacion 925.433.1991 aobligacion@independentcodeconsultants.com Greg Shriver 925.209.6909 gshriver@independentcodeconsultants.com Independent Code Consultants, Inc. has worked with different municipalities and government agencies throughout the Bay Area, Sacramento and Central Valley. Through our resources, extensive knowledge, and understanding of the City's ordinances and needs, we are able to maintain and offer the same customer service and quality that our clients have come to expect. Independent Code Consultants, Inc. consists of a team that is committed to perform quality building, CASp and fire plan reviews with quality and excellent customer service. We strive to ensure that we are available to our clients. Communication between our plan review team, inspection team, building and fire staff, and other stakeholders will ensure that issues are handled immediately and expectations are clearly identified between all parties. Independent Code Consultants, Inc. is prepared to provide interim support staff that includes on-site plans examiners/engineers within one business day. Our staff has a clear understanding of the City's processes, procedures and ordinances and can easily serve as an extension to City staff. It is our goal to ensure minimum code compliance is met with applicable local, State and Federal codes, laws and regulations to help the Building Safety Division. Independent Code Consultants, Inc. is dedicated to meet you City's needs while maintaining quality, reliability, dependability and excellent customer service Independent Code Consultants, Inc. is prepared to provide CASp inspections, and civil on-site plan reviews. In order to perform these services and due to the complexity of the different codes, rules and regulations, Independent Code Consultants, Inc. will coordinate with our pool of resources of sub-consultants to ensure that the reliable quality service is maintained for our clients. SCOPE OF SERVICES & PROTOCOLS CITY OF CUPERTINO! 3 Independent Code Consultants, lnc.'s scope of services includes plan review services for the City of Cupertino's Building Division on an as-needed basis per the scope of the contract. Per the scope of the contract, the City of Cupertino will submit plans with the form as shown on Exhibit B found on page 10 and that form will be attached to the comments and to the invoice. Fees for plan reviews are outlined in Exhibit C found on page 11. See page 11 for rates and not to exceed amounts. CITY OF CUPERTINO! 4 Qualification of the Firm Abigail Obligacion I President Ms. Abigail Obligacion has over 12 years of experience as a plan reviewer with over 2.5 years of project management and coordination, 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. Greg Shriver I Client Liaison Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services. Greg originally established Independent Code Consultants, Inc. and offered his clients his expertise in the California's Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his business expertise to ensure his legacy through the revival of his company. Kelly Park-Li I Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and private sector. 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. 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 housing, and commercial buildings. Venissa Espinosa I Permit Technician Ms. Venissa Espinosa has 2 years of experience as a permit technician and serves as office manager for Independent Code Consultants, Inc. Venissa is a professional individual with experience working in various paced environments. She executes multiple tasks with speed, and accuracy. She has excellent analytical, interpersonal and communication skills. Venissa has the ability to interface with all levels of customers, employees, and management. ORGANIZATION CHART .ABUIAH .. OBLIGACION ~resident CITY OF CUPERTINO CITY OF CUPERTINO/ 5 ;rJ~;~~;-;ie~~~~ ::_ :~~?":~§ 4~-~:-~_:_;>~~ -=r ~~ ~": -~-aa--::_,-0 F _: _ ' --~=~: CITY OF CUPERTINOJ 6 ABIGAIL OBLIGACION President Ms. Abigail Obligacion has over 12 years of experience as a plan reviewer with over 2.5 years of project management and coordination, and served as director for over 1 year creating a new division for a medi4m 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. EDUCATION B.S., Civil and Environmental Engineering University of California, Davis CERTIFICATIONS ICC Building Plans Examiner WORK EXPERIENCE GEL Consulting: Code Resource Group Served as Director of the Code Resources Group Division that created a new building safety division from the ground up. Duties include recruitment, 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. As a senior plans examiner and project mwanager, Abigail performed plan review quality control and oversaw the daily operational activities from plan review to document control. TRB and Associates, Inc. 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 buildings. CITY OF CUPERTINO/ 7 GREG SHRIVER Client Liaison Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services. Greg originally established Independent Code Consultants, Inc. and offered his clients his expertise in the California's Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his business expertise to ensure his legacy through the revival of his company. EDUCATION B.S., Civil Engineering University of California, Fresno CERTIFICATIONS State of California Professional Civil Engineer CASp Certified WORK EXPERIENCE GEL Consulting: Code Resource Group Served as client liaison and offered technical plan review services. Provided on-site plan review services to several clients. 4LEAF, Inc. Responsible for the management and performance of plan review for 4LEAF's entire plan review clientele. lnterwest Consulting Group Performed plan reviews for Fire/Life Safety, Structural, Accessibility for many municipalities. Independent Code Consultants Greg owned his own company for nearly 15 years performing plan reviews for several different municipalities in the Bay Area. CITY OF CUPERTINO! 8 Kelly Park-Li Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and private sector. 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. 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 housing, and commercial buildings. EDUCATION B.S., Structural Engineering University of California, San Diego CERTIFICATIONS State of California Professional Civil Engineering State of California Professional Structural Engineer ICC Building Plans Examiner CASp Certified WORK EXPERIENCE CEL Consulting: Code Resource Group 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. Responsible for reviewing drawings and documents submitted to obtain building permits for conformance with the California 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 and also 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. Venissa Espinosa Permit Technician CITY OF CUPERTINO/ 9 Ms. Venissa Espinosa has 2 years of experience as a permit technician and serves as office manager for Independent Code Consultants, Inc. Venissa is a professional individual with experience working in various paced environments. She executes multiple tasks with speed, and accuracy. She has excellent analytical, interpersonal and communication skills. Venissa has the ability to interface with all levels of customers, employees, and management. WORK EXPERIENCE/ PROJECTS On-Call I As-Needed City Permit Technician Assist/fill-in for Permit Technicians that are on vacation. Responsible for a variety of clerical and technical duties that include: Process procedures associated with professionals obtaining permits via in-person or fax; Familiar with building plans, codes, ordinances and related terminology; answering and returning phone calls. GEL Consulting: Code Resource Group Venissa served as permit technician supervisor and is responsible for assisting plan review engineers and multiple jurisdictions via email, phone or in-person. She coordinates with jurisdiction to custom make their own letter template which involves obtaining emails for distribution, city ordinance, information on where to resubmit, and the format. Plan review tracking and billing maintenance includes data entry, data updates and; maintenance on Excel spreadsheets, File Maker, Box and MS Dynamic SL Program. 4LEAF, Inc. In addition to assisting the Plan Review Engineers and Jurisdictions, Venissa also served as a City Permit Technician on as needed basis: Assist/fill-in for Permit Technicians that are on vacation. Responsible for a variety of clerical and technical duties that include: Process procedures associated with professionals obtaining permits via in-person or fax; Familiar with building plans, codes, ordinances and related terminology; answering and returning phone calls. EXHIBIT B CITY OF CUPERTINO j 10 Building Department CITY OF CUPERTINO 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3228 • FAX: (408) 777-3333 CUPERTINO OUTSIDE AGENCY PLAN CHECKING FEES Date: Permit Number: Project Address: Initial City Plan Check Fees Collected: Outside Agency Plan Check Fee Basis: Initial Plan Check Fee (1st & 2nd pla11 checks included): Amount:$ . (Agency Fee= 65% of City Plan Check Fees Collected) Add~tional Plan Reviews /Revisions /Deferred Items Submittal #: --- Rate: $125 per hour Hours: ___ (2hr min.) Requestor: Total amount: --- 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 email the plan check comments to: jasminea@cupe1tino.org abigaila@cupertino.org kimd@cupertino.org *Please do not give plan check comments directly to the customer. We do not give out comments until we have all of them back from each department. Please also attach this form to the invoice. CITY OF CUPERTINOJ 11 EXHIBIT C Proposal Cost Sheet and Rates PLAN REVIEW TIMELINE Independent Code Consultants, Inc. will be able to cater to your needs, which includes attending meetings and workshops when necessary. We also are able to meet or exceed the following timelines for plan review services: Small to Mid-Scale Projects Larger to More Complex Projects ·. $tan:4~_r<;1J1:trri;;it@tlf1I;~$; -c--··-• · .:':standard Turh~rQUG~tJ1m@(--- First Submittals: 10 days First Submittals: 15 days Subsequent Submittals: 5 days Subsequent Submittals: 10 days ,~~~~Ii¥i~E'fillrB~l9~Dijl\rti§~\: ·: --. _ / ~~p~clifocf J1.1rnat8dn8 [!nl~*i -~······ :: ~ > :.". < First Submittals: 5 days First Submittals: 1 O days Subsequent Submittals: 3 days Subsequent Submittals: 7 days * Expedited Turnaround Times will be subject to discussion by all concerned parties. Plan Review Services Unit Rate Unit Complete Plan Review Fee (first submittal plus two (2) additional subsequent submittal) All other Building, Safety Plan Review Submittals Non-Structural Review Structural Review 65% of Plan Review Fee $125.00 Hour $125.00 $125.00 Hour Hour Building Department Support Staff Unit Rate Unit Plans Examiner/Engineer CASp Inspector Permit Technician $125.00 Hour *Rate varies by building $65.00 Hour Basis of Charges Unit Rate Work over 8 hours a day Work over 12 hours, Monday through Friday Work on Saturdays Work over 8 hours on Saturday Work on Sundays/Holidays Reimbursables Plan Review Contract Through June 80, 2020 Not to Exceed Amounts Present through June 30, 2018: July 1 through June 30, 2019 July 1 through June 30, 2020 Time and One-Half Double Time Time and One-Half Double Time Double Time Cost $30,000.00 $60,000.00 $60,000.00 Per the contract amendment for the remainder of the 2017-2018 fiscal year, the total not to exceed amount will go up an additional $25,000.00. Per the scope of the contract, the City of Cupertino will submit plans with the form as shown on Exhibit B found on oaoe 10 and that form will be attached to the invoice.on a montlv basis_ CITY OF .nl MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT -\VITH INDEPENDENT CODE CONSULTANTS. INC. FOR ON CALL CUPERTINO BUILDING PLAN REVIEW 1. PARTIES This Master Agreement is made and entered into as of February 26 , 2018 ("Effective Date"), by and between the City of Cupertino, a municipal corporation ("City"), and Independent Code Consultants, Inc . ("Contractor"), a _c_orp--'--o_ra_ti_o_n _________ for on call building plan re v ie w serv ices 2. SERVICES 2.1 Scope of Services. Contractor agrees to provide the Services set fo1ih in the Scope of Services, attached and inco1porated here as Exhibit A, on an as -needed basis. The Services must comply with this Agreement and with each Service Order issued by the C ity's Project Manager or his/her designee, in accordance with the fol lowing procedures, unless otherwise specified in Exhibit A. 2.2 Service Orders . Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services , Schedule of Performance and Compensation, which the Parties will discuss . Thereafter, City will execute a Service Order Form for the Services, attached and inco1vorated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamli ne these procedures based on the City's best interests. Contractor will not be compensated for Services perfom1ed without a duly authorized and executed Service Order. 3. TIME OF PERFOR'V1IANCE 3.1 Term. Thjs Agreement begins on the Effective Date and ends on June 30 , 2020 ("Contract Time"), unless terminated earli er as provided herein. 3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. 3 .3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ 150 000.00 ("Contract Price"), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. Project Building On Ca ll Plan Review Master Professi onal /Specialized Serv ices Ag reement/ Rev. Nov 3, 20 17 Page I of8 4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.2 Invoices and Payments. Excep t as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5. l Status. Contractor is an independent contrnctor and not an employee, paiiner, or joint venture of City. Contractor is solely responsible for the means and methods ofperfom1ing 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 wanants on behalf of itself and its subcontractors that they have the qualifications and skills to perfo1m the Services in a competent and professional manner and according to the highest standards and best practices in the indust1y. 5.3 Permits and Licenses. Contractor wanants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce1iified to perform the Services as required by law and have procured a City Business License . 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior \;,,rritten approval from City is required for any subcontractor, and the tem1s and conditions of this Agreement will apply to any approved subcontractor. :,.:, Tools, Materials and Equipment. Contractor will supply all tools , mate1ials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6. PROPRIETARY/CONFIDENTIAL INFORIVIATION 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 pmiies may be damaging to City. Contractor shall hold in confidence all City infonnation and use it only to perfo1m this Agreement. Contractor shall exercise the same standard of care to protect City infonnation as a reasonably prudent contractor would use to protect its own proprietary data . Ill Il l Project Building On Call Plan Review Mas ter Profess ional /Specialized Servi ces Agreement/ Rev . Nov 3 , 2017 Pa g e 2 of 8 7. o,VNERSHIP 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 infomrntion or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of 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 paity intellectual prope1ty, including but not limited to patented, trademai-ked, 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 origin a l 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. 8. RECORDS Contractor must maintai n 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 perfonnance, benclunarks 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 years from the date of City's final payment. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation oflaw 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 will be considered an assigmnent of the Agreement and subject to City approval. Contrnl means fifty percent (50%) or more of the voting power of the business entity. Ill Ill Ill Project Building On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. Nov 3, 20 17 Page J of 8 10. PUBLICITY I S I GNS Any publicity generated by Contractor for the project w1der this Agreement, dming the te1m of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible . The words ''City of Cupertino " will be displayed in all pieces of publicity, including flyers , press releases , posters , brochures, public service announcements, interviews and newspaper 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. I NDEMNIFICATION 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 hmmless City, its City Council, boards and commissions , officers, officials, employees , agents, servants, volunteers and Contractors ("I:ndemnitees "), through legal counsel acceptable to City, from and against any and all liability, damages , claims, actions, causes of action , demm1ds, 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 dming perfonnance of the Services; ( c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unautho1ized use or di sclosure of City 's confidential and proprietary infonnation; ( e) Claim of infringement or vio lation of a U. S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of m1y third pmty. 11.2 Contractor must pay the co sts City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiv ing notice from City of a third-pmty claim , in accordance with California Public Contract Code Section 9201. 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 indenu1ity 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 cow1terclaim ari sing out of this Agreement, a purchase order or other tran saction . 12. INSURANC E Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C , and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement unti l City approves receipt of satisfactory ce1tificates of insmance and endorsements evidencing the type, amount, class of operations covered , and the effective and Ill Ill Project Building On Call Plan Review M as ter Pro frss io nal /Sp ec iali ze d Servi ces Agreement/ R ev. Nov 3 , 2017 Pag e 4 o f 8 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 lmvs 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 abi lity to perfom1. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Refo1m 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. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis ofrace, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination lmvs, 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 Contractor's employees or sub-contractors will not be tolerated. 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 ce1tain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City 's rules governing gifts to public officials and emp lo yees. 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 Hat ch 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 an y time, and without prior notice to Contractor. Ill Ill Project Building On Calf Plan Review Ma s ter Profess ional /Specialized Services Agreement/ Rev. Nov 3, 2017 Page 5 of8 Contractor Project Manager. Subject to City approval, Contractor assigns A b iga il Obli ga ci on as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions , service orders and the Schedule of Performance. Contractor must regularly update the City's project manager about the status, progress and any del ays with th e work. City's written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 15. ABAND01\TJ\1ENT OF PROJECT City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services perfonned through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. 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 tota l time expended to date in the pcrfornrnnce of the Services. 16. TERMINATION City may te1minate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of tennination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LA \V, 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 Cowt for the Colmty of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Govenunent 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 pmsues 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. Ill Ill Project Building On Ca ll Plan Review Master Professional/Specialized Services Agreement/ Rev. Nov 3, 2017 Page 6 of8 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature bet\;veen the Parties, and supersedes any other agreement(s) and understanding(s), either ora l or written, between the Patties. Any modification of this Agreement w ill be effective only if in writing and signed by each Paity's authorized representative . No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is m1y inconsistency between the main Agreement and the attaclunents or exhibits thereto, the text of the main Agreement shall prevail. 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 inse1iions or omissions of required provisions. The Pmties will collaborate to impl ement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a pait of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any te1111 or provision of this Agreement, or their application to a particular situation, is found by the comt 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 tern1s 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 cany 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, sha ll survive the Agreement and remain in foll 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 de li very 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 ce1tified, or the next business day following electronic submission: To Citv of Cupe1tino I 0300 Torre Ave ., Cupertino CA 950 14 Attention: Sean Hatch -------------- Email : SeanH@cupertino.org Project Building On Call Plan R eview To Contractor: Ind ependent Code Consultants, Inc . 1931 San Miguel Drive, Suite I 00, Walnut Creek, CA 94596 Attention: Abigai l Obligacion Email: aobligacion@ ind e pendentcodeco nsultants.co m Master Professional/Specialized Services Agreement/ Rev . Nov 3, 2017 Page 7 of8 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 28. 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. IN \VITNESS "'HEREOF, the parties have caused the Agreement to be executed. CONTRACTOR Ind e pendent Code Con sultants , Inc B ?°"&-5)~~-- y --------·---···--········-··--·-- Name A bi gail Obli gac ion Title Pres id ent Date 4/3/2018 Tax I.D. No.:37-18 767 85 APPROVED AS TO FORM: ~'o V.-·.vr~ AN OLPH STEVENSON HOM Cupertino City Attorney Project Building On Call Plan Review CITY OF CUPERTINO M as ter Pro fess io nal /S pecialized Services Agreem ent/ Rev. Nov 3 , 201 7 Page 8 o f 8 January 22, 2018 Albert Salvador I Building Official City of Cupertino Building Division 10300 Torre Avenue Cupertino, CA 95014 Subject : Statement of Qualifications for Professional Services -Plan Review Services Dear Mr. Salvador: Independent Code Consultants, Inc. is pleased to submit our statement of qualifications to provide plan review services for the City of Cupertino (City). Independent Code Consu ltants, Inc. was originally established in January 1995 with Greg Shriver as its sole proprietor. For nearly 15 years, Greg Shriver's clients have come to know him for the quality of his work, reliability, dependability and his great customer service. As of December 2017, Independent Code Consultants, Inc . has been re -opened its doors with Greg Shriver serving an active role with the revival of the company. Independent Code Consultants, Inc. is comprised of a team of highly qualified individuals that worked together in the building safety industry for over 4 years, and will strive to continue to serve the building safety industry with the customer service, reliability, dependability and quality that Greg Shriver's clients have come to expect. Independent Code Consultants, Inc. will work with you and your team to ensure all plan reviews are performed to ensure compliance with all currently adopted State and local codes, ordinances, rules and regulations . Independent Code Consultants, Inc. will manage all communication and coordination with the City through the use of a single point of contact, Abigail (Abby) Ob/igacion. Abby will coordinate and ensure resources and personnel are made avai lable for the Cit y. Thank you for the opportunity to provide our statement of qualifications to assist with your City's needs . If you have any questions or require additional information, please do not hesitate to contact Abby Obligacion at 925.433.1991 or aobligacion@independentcodeconsultants .com Respectfully submitted, ~ cJJ-"--2.___ Abigail Obligacion President Independent Code Consultants, Inc. CITY OF CUPERTINO! 2 1111 0 eo OS g Independent Code Consultants, Inc. was originally established in January 1995 and remained in operation for nearly 15 years. As of December 2017, Independent Code Consultants, Inc. has re- opened its doors with its original owner, Greg Shriver, serving an active role with the revival of the company . FIRMNAME: TYPE OF FIR.M: PRESIDENT: PHONE NUMBER: EMAIL: CLIENT LIAISON: PHONE NUMBER: E -MAIL: Independent Code Consultants, Inc. Corpo rati on Abigail Obligacion 925.433.1991 aobligacion@independentcodeconsultants.com ':... G re g Shriver 925.209.6909 gshriver@independentcodeconsultants.com "j:;! Independent Code Consultants, Inc. has worked with different municipalities and government agencies throughout the Bay Area, Sacramento and Central Valley. Through our resources, extensive knowledge, and understanding of the City's ordinances and needs, we are able to maintain and offer the same customer service and quality that our clients have come to expect. Independent Code Consultants, Inc . consists of a team that is committed to perform quality building, CASp and fire plan reviews with quality and excellent customer service. We strive to ensure that we are ava ilable to our clients. Communication between our plan review team, inspection team, building and fire staff, and other stakeholders will ensure that issues are handled immediately and expectations are clearly identified between all parties. Independent Code Consultants, Inc. is prepared to provide interim support staff that includes on-site plans examiners/engineers within one business day. Our staff has a clear understanding of the City's processes, procedures and ordinances and can easily serve as an extension to City staff. It is our goal to ensure minimum code compliance is met with applicable local, State and Federal codes, laws and regulations to help the Building Safety Division. Independent Code Consultants, Inc. is dedicated to meet you City 's needs while maintaining quality, reliability, dependability and excellent customer service Independent Code Consultants, Inc. is prepared to provide CASp inspections, and civil on-site plan reviews. In order to perform these services and due to the complexity of the different codes, rules and regulations , Independent Code Consultants, Inc. wi ll coordinate with our pool of resources of sub-consultants to ensure that the reliable quality service is maintained for our clients. s R 0 s CITY OF CUPERTINO! 3 C & Independent Code Consultants, lnc.'s scope of services includes plan review services for the City of Cupertino's Building Division on an as-needed basis per the scope of the contract. Per the scope of the contract, the City of Cupertino will submit plans with the form as shown on Exhibit B found on page 10 and that form will be attached to the comments and to the invoice. Fees for plan reviews are outlined in Exhibit C found on page 11. See page 11 for rates and not to exceed amounts. CITY OF CUPERTINO! 4 a Ill a o h • I Abigail Obligacion I President Ms . Abigail Obligacion has over 12 years of experience as a plan reviewer with over 2.5 years of project management and coordination, 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 qual ity of work, and her attention to detail and organizat ion skills. Greg Shriver I Client Liaison Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services . Greg originally established Independent Code Consultants, Inc. and offered his clients his expertise in the California 's Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his business expertise to ensure his legacy through the revival of his company. Kelly Park-Li I Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and private sector . 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. Kelly is familiar with the des ign and review of a diverse range of project types inc luding apartment buildings, medica l office buildings, senior care facilities, retail, multi-fami ly residentia l housing, an d commercial buildings. Venissa Espinosa I Permit Technician Ms . Venissa Espinosa has 2 years of experience as a permit technician and serves as office manager for Independent Code Consultants , Inc. Venissa is a professional individual with experience working in various paced environments. She executes multiple tasks with speed, and accura cy. She has excellen t analytica l, interpersona l and communication skills. Venissa has the ability to interface with all levels of customers, employees, and management. C ITY OF CUPERTINO! 5 ORGANIZATION CHART CITY OF CUPERTINO! 6 ABIGAIL OBLIGACION President Ms. Abigai l Obligacion has over 12 years of experience as a plan reviewer with over 2 .5 years of project management and coordination, 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. B.S., Civil and Environmental Engineering University of California, Davis ICC Building Plans Examiner WORK EXPERIENCE CEL Consulting: Code Resource Group Served as Director of the Code Resources Group Division that created a new building safety division from the ground up . Duties include recruitment, pro ject 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. As a senior plans examiner and project mwanager, Abigail performed plan review quality control and oversaw the daily operational activities from plan review to document control. TRB and Associates, Inc. As plan review engineer, Abigail reviewed plans and specifications to ve rify compliance with various building codes and zoning regulations and zoning regulations ranging from single family dwellings to new townhomes to commercial bui ldings. CITY OF CUPERTINO! 7 GREG SHRIVER Client Liaison Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services. Greg originally established Independent Code Consultants, Inc . and offered his clients his expertise in the California 's Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his business expertise to ensure his legacy through the revival of his company. B.S., Civil Engineering University of California, Fresno State of California Professional Civil Engineer CASp Certified WORK EXPERIENCE CEL Consulting: Code Resource Group Served as client liaison and offered technical plan review services. Provided on-site plan review se rvices to several clients. 4LEAF, Inc. Responsible for the management and performance of plan review for 4LEAF 's entire plan review clientele. lnterwest Consulting Group Performed plan reviews for Fire/Life Safety, Structural, Accessibility for many municipalities. Independent Code Consultants Greg owned his own company for ne arly 15 years performing plan reviews for several different municipalities in the Bay Area. CITY OF CUPERTINO! 8 Kelly Park-Li Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and private sector. 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 . 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 housing, and commercial buildings. B.S., Structural Engineering University of California, San Diego State of California Professional Civil Engineering State of California Professional Structural Engineer ICC Building Plans Examiner CASp Certified WORK EXPERIENCE CEL Consulting: Code Resource Group 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. Responsible for reviewing drawings and documents submitted to obtain building permits for conformance with the California Build ing 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 and also assisted in the assessment of the structural integrity of a 2-story, multi-family residentia l 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. Venissa Espinosa Permit Technician C ITY OF CUPERTINO! 9 Ms . Venissa Espinosa has 2 years of experience as a permit technician and serves as office manager for Independent Code Consultants, Inc . Venissa is a professional individual with experience working in various paced environments . She executes multiple tasks with speed, and accuracy. She has excellent analytical, interpersonal and communication skills. Venissa has the abil ity to interface with all levels of customers, employees, and management. WORK EXPERIENCE / PROJECTS On-Call I As-Needed City Permit Technician Assist/fill-in for Permit Technicians that are on vacation. Responsible for a variety of clerical and technical duties that include: Process procedures associated with professionals obtaining permits via in-person or fax; Familiar with building plans, codes, ordinances and related terminology; answering and returning phone calls. CEL Consulting: Code Resource Group Venissa served as permit technician supervisor and is responsible for ass isting plan review engineers and multiple jurisdictions via email, phone or in-person. She coordinates with jurisdiction to custom make their own letter template which involves obtaining emails for distribution, city ordinance, information on where to resubmit, and the format. Plan review tracking and billing maintenance includes data entry, data updates and; maintenance on Excel spreadsheets, File Maker, Box and MS Dynamic SL Program. 4LEAF, Inc. In addition to assisting the Plan Review Engineers and Jurisdictions , Venissa also served as a City Permit Technician on as needed basis: Assist/fill-in for Permit Technicians that are on vacation. Responsible for a variety of clerical and technical duties that include: Process procedures associated with professionals obtaining permits via in-person or fax; Familiar with building plans, codes, ordinances and related terminology; answering and returning phone calls. EXHIBIT B CITY OF CUPERTINO 110 Building Department CITY OF CUPERTIN O 10300 TORRE A VENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3228 • FAX : (408) 777-3333 CUPERTINO OUTSIDE AGENCY PLAN CHECKING FEES Date: Permit Number: Project Address: Initial City Plan Check Fees Collected: Outside Agency Plan Check Fee Basis: Initial Plan Check Fee (1st & 2nc1 plan checks included): Amount:$ ------ (Agency Fee= 65% of City Plan Check Fees Collected) Additional Plan Reviews/Revisions/Deferred Items Submittal#: __ _ Rate: $125 per hour Requestor: Hours: ___ (2hr min.) Total amount: --- 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 email the plan check comments to: i asm inea(a~cupertino. org a bigaila(a),cu pc1tino. org kimd@cupertino.org *Please do not give plan check comments directly to the customer. We do not give out comments until we have all of them back from each department. Please also attach this form to the invoice. CITY OF CUPERTINO! 11 EXHIBIT C Proposal Cost Sheet and Rates PLAN REVIEW TIMELINE Independent Code Consultants , Inc . will be able to cater to your needs, which includes attending meetings and workshops when necessary. We also are able to meet or exceed the following timelines for plan review services: {Small to Mid-Scale Projects Larger to More Complex Projects Standard Turnaround Times: Standard Turnaround Times: First Submittals: 10 days First Subm ittals: 15 days Subsequent Submittals: 5 days Subsequent Submittals: 10 days Expedited Turnaround Times*:_ Expedited Turnaround Times*: First Submittals: 5 days First Submittals: 10 days Subsequent Submittals: 3 days Subsequent Submittals: 7 days * Expedited Turnaround Times will be subject to dis cussion by all concerned parties. ( Plan Review Services Unit Rate Unit Complete Plan Review Fee (first submittal plus two (2) additional subsequent submittal) All other Building, Safety Plan Review Submittals Non-Structural Review Structural Review 65% of Plan Review Fee $125 .00 Hour $125 .00 Hour $125 .00 Hour l Building' Department ·support Staff Unit Rate Unit Plans Examiner/Engineer CASp Inspector Permit Technician $125.00 Hour *Rate varies by building $65.00 Hour fBasi.§..of.Qlarges · c • • • • • • • • • Unit Rate Work over 8 hours a day Work over 12 hours, Monday through Friday Work on Saturdays Work over 8 hours on Saturday Work on Sundays/Holidays Reimbursables lRJ an Review Contract Through June 30, 2020 Not to Exceed Amounts Present through June 30, 2018: July 1 through June 30, 2019 July 1 through June 30, 2020 Time and One-Half Double Time Time and One-Half Double Time Double Time Cost $30,000.00 $60,000.00 $60,000 .00 EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts 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 wit11 companies doing business in California and acceptable to City. INSURAi~CE POLICIES A.t~D MINIMUMS REQUIRED l. Commercial General Liability (CGL) for bodi ly injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advetiising injury with limits no less than $2,000,000 per occurrence (ISO Fo1m CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Fonn 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-contiibutory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Fom1 CG 20 01 (04/13). c. The limit s 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 and non-contributory 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 prope1iy damage . 3. Workers' Compe11satio11: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no les s than $1,000,000 per occurrence for bodily injury or disease. 0 Not required. Consultant has provided written ver~{tcation of no employees . 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limit s no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made f01m: a. The Retroactive D ate 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 comp letion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy fom1 with a Retroactive Date prior to the Contract Effecti ve 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 shall be endorsed and have all the following conditions and provisions : Exh. D-lnsurance Requirements for Desig11 Professionals & Consultants Contracts Form Updated Feb. 2018 1 Additional Insured Status The City of Cupertino, its C ity Council, officers, officials, employees , agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the fo1111 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 3 7 fonns, if later editions are used). PrimatJ' Coverage Coverage afforded to City/ Additional Insureds shall be primary insmance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not conttibute 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 in surer. 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 lo sses and costs related investigations, claim administration and defense expenses. The policy sha ll 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 ve1 ification of compliance at any time duringthe Contract te1m. Subconsultants Consultant shall require and ve1ify 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 mainta ins broader coverage and/or higher limits than the minimwns shown above, City shall b e entitled to coverage for the higher insurance limits maintained byConsultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage bas ed on the na tu re of the risk , prior experience, insu rer or other special circumstances, with not les s than ninety (90) days prior written notice . Exh. D-lnsurance Requirem ents for D es ig n Professionals & Consultants Contracts Form Upda ted F eb. 2 018 2 INDEP-2 OP ID· BMH ACORD* CERTIFICATE OF LIABILITY INSURANCE I DATE {MM/DDIYYYY) ~ 04 /0 3/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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). PRODUCER 925-516-4700 f.2/'l!ACT Melissa Hoffman Discovery Bay Ins. Serv., Inc. 1555 Riverlake Rd., Ste. F FJ:8,NJo, Ext): 925-516-4700 I r..e~. No): 925-516-4202 Discovery Bay, CA 94505 ~;:,~'l!kcc. melissa@discoverybayins.com Melissa Hoffman INSURER/SI AFFORDING COVERAGE NAIC# INSURER A, Kinsale Insurance Co. !38920 INSURED Independent Code Consultants INSURER 8 : Un ited Financial Casualty Co . 111770 Abiga il Obligacion INSURER c : State Compensation Ins Fund ! 1931 San Miguel Dr., Ste .100 Walnut Creek, CA 94596 INSURER D : Landmark American Ins. Co. 133138 INSURER _E: ---------------·----···---·-------·---!----·----·-· INSURER F: COVERAGES CERTIFICATE NUMBER: · REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR COND ITION 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 AL L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO LI CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~fif i TYPE OF INSURANCE A i X [ COMMERCIAL GENERAL LIABILITY [_j_] CLAIMS-MADE [2<J OCCUR 1_._ j ---··-------····-···-·-·-···---·-···-·-·· .. ·-··------·--·-!-I _______________________________ _ [ GEN'L AGGR EGATE LIMIT APPLIES PER: [x-, POLICY [] m?-r [] LOC [ OTHER 8 l AUTOMOBILE LIABILITY I ! ANY AUTO I I ~0~'61;0 ONL y : X : HIRED -X ,-- SCHEDULED AUTOS '-----j AUTO S ONLY x - NON-OWNED AUTOS ONLY L!J OCCUR A L UMBRELLA LIAS I X EXCESS LIAS I I CLA IMS -MADE OED I X I RETENTION s 10000 C [ WORKERS COMPENSATION 1 AND EMPLOYERS' LIABILITY i ANY PROPRIETOR/PARTNER/EXECUTIVE ..'!'..lJ'! : OFFICER/MEMBER EXCLUDED? I ! : (Mandatory in NH) ) If yes , describe under : DESCRIPTION OF OPERATIONS below D ] Errors & Omissions --. -~-------------·--·.--·--·----------··1-----···-·---·--··-·-·-··--·-------···· !f.~.f'~l ~,Y,~'lR I POLICY NUMBER i POLICYE':': POLICY ~~P LIMITS EACH OCCURRENCE $ 1,000,000 y 0100060709-0 01/10/2018 01/10/2019 -~~~r~~H~E~~~J,~~DceL __ s ___________ 100,000 , __ MED EXP (Any one person) ____ s ______________ .:_~~~~~ I PERSONAL & ADV INJURY s excluded GENERAL AGGR EG.A.TE S 2,000,000 !~PRODUCTS -COMP/OP AGG -s~-=-~=-=--= excluded I $ 1064613270 ~~r~~~\~~~?NGLE LIMIT 1,000 ,000 01/11 /2018 01 /1 1/2 019 BODILY INJ URY /Per oerson \ s BODILY INJURY 'Per accidenl) s fp~7~2c(d~~tfAMAGE s HNOA s 100,000 jo1 oooso11 o-o I EACH OCCURRENCE 2,000,000 01/10/2018 01 /1 0/2 019 AGGREGAT E s 2,000,000 s X ! ~ffTI ITE [ OTH-; ER 01/1112018 01 /1 1/2019 E.L. EACH ACCIDENT s 1,000,000 E.L. DISEASE -EA EMPLOYE~ 1,000,000 I 1,000,000 ! E.L. DISEASE -POLICY LI MI T s N/A 19224300-18 01/1012018 01 /1 012019 'E&O 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Ciry of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are liste d as additional insureds on General Liability per attached endorsement. CERTIFICATE HOLDER The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Melissa Hoffman The ACORD name and logo are registered marks of ACORD All r ights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT -EXCLUDING PRODUCTS/COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endorsem ent Named Insured 12:01AM at the Named Insured address shown on the 0100060709-0 Declarations Independent Code Consultants , Inc . Additional Premium: I Return Premium: so This e ndorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE A. SECTION II -WHO IS AN INSURED is amended to include any person or organization you are required to include as an additional insured on this policy by written contract in effect during the policy period and executed prior to the "occurrence " of the "bodily injury" or "property damage", but only for the vicarious liability imposed on the Additional Insured provided that such li ability is caused by the sole negligent conduct of the Named Insured. B. The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. In the event the written contract requires limits of insurance in excess of the Limits of Insurance provided by this policy, the Limits of Insurance provided by this policy shall apply and not the limits required by the written contract. This endorsement shall not increase the Limits of Insurance stated in the Declarations of this policy. 2. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products -co mpleted operations hazard." 3. Any insurance provided by this endorsement to an Additional Insured shall be excess over any other valid and collectible in surance available to the Additional Insured whether primary, excess, contingent or on any other basis unless a written contract specifically requires that this insurance apply on a primary or primary and noncontributory basis. 4. Where there is no duty to defend the Named Insured, there is no duty to defend the Additiona l Insured . Where there is no duty to indemnify the Named Insu red, there is no duty to indemnify the Additional Insured. This insurance does not apply to "bodily injury" o r "property damage, "arising out of the sole negligence of the Additional Insured or any employees of the Additiona l Insured. C. Duties of the Additional In sured in the event of "occurrence", claim or "suit": 1. The Additional Insured must promptly give notice of an "occurrence", a claim which is made or a "suit", to any other insurer which has insurance for a loss to which this insurance ma y apply. 2. The Additional Insured must promptly tender the defense of any claim made or "suit" to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5015 0317 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Form ing Part of Policy Effective Date of Endorsement 0100060709-0 12:01AM at th e Named In sured address shown on the Declarations Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE Named Insured Independe nt Code Consultants , Inc . The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US-BLANKET Attached To and Forming Part of Po licy Effective Date of Endorsement 12:01AM at the Named Insured address shown on the 0100060709-0 Declarations Additional Premium: I Return Premium: $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Named Insured Independent Code Consultants , Inc . SECTION IV -CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizat ions because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 Page 1 of 1 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMPENSATION INSURANCE FUND 9224300-18 NEW NA HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DA TES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PAGE EFFECTIVE JANUARY 12, 2018 AT 12.01 A.M. AND EXPIRING JANUARY 12, 2019 AT 12.01 A.M. INDEPENDENT CODE CONSULTANTS (A CO 1931 SAN MIGUEL DR WALNUT CREEK, CA 94596 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE . THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS , CONDITIONS, AGREEMENTS , OR LIMITATIONS OF THIS . POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER , WAIVE OR LIMIT THE TERMS , CONDITIONS, AGREEMENTS OR LIMITATIONS OF T HIS ENDORSEM ENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~~-5{ FEBRUARY 12, 2018 PRESIDENT AND CEO SCIF FORM 1021 7 (REV .7·20 14) 1 OF 1 2572 OLO DP 21 7 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 Melissa Hoffman INDEP-2 OP ID: BMH 04/03/2018 Melissa Hoffman Discovery Bay Ins. Serv., Inc. 1555 Riverlake Rd., Ste. F Discovery Bay, CA 94505 Melissa Hoffman 925-516-4700 925-516-4202 melissa@discoverybayins.com Kinsale Insurance Co. United Financial Casualty Co.Independent Code Consultants Abigail Obligacion 1931 San Miguel Dr., Ste. 100 Walnut Creek, CA 94596 State Compensation Ins Fund Landmark American Ins. Co. A X 1,000,000 X Y 0100060709-0 01/10/2018 01/10/2019 100,000 excluded excluded 2,000,000 X excluded 1,000,000B 064613270 01/11/2018 01/11/2019 X XX 100,000 X 2,000,000 X A 0100060710-0 01/10/2018 01/10/2019 2,000,000 10000X XC 9224300-18 01/11/2018 01/11/2019 1,000,000 1,000,000 1,000,000 D LHR767687 01/10/2018 01/10/2019 E&O 2,000,000 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 38920 11770 33138 HNOA Errors & Omissions !"#$#! %&"'()"!* & "$%!++!,-. / !! " #$! # %$# $& ! ' ' ! ( ) ' ! ' !"! * !' & * !' ) * ! ! ) # %$# $ !#+$# $ # , $ - ' "' ' ' &"& ! . / ! & ! / ! & ! ) # %$# &# ! ! ! 0 ! ' !#$& # $ ) ' !#$& $ $& ! ) !! $ $ ! ! **1)234)34501)1516)2371*0843902:3 ^ϱϬϭϱϬϯϭϳ WĂŐĞϭŽĨϭ Independent Code Consultants, Inc.0100060709-0 $0 !"#$%&" !''()* + , + + + + + ! " # " $ %%&'()()*+&&*&,'(-&%+.)(/+'0($ ^ϱϬϬϯϬϳϭϳ WĂŐĞϭŽĨϭ 0100060709-0 Independent Code Consultants, Inc. $0 !"#" $%!&'(! )%!#$ ** +,- . / 01!&$! $,# $' )!2&,&# #!# ! "# $"% ! & ''()*+,)+,-.()(-(/)*+0('.1,+2.*3+& ^ϰϬϬϮϬϭϭϬ WĂŐĞϭŽĨϭ 0100060709-0 Independent Code Consultants, Inc. $0 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMPENSATION INSURAr-.:CE FUND 9224300-18 NEW NA HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME PAGE EFFECTIVE JANUARY 12, 2018 AT 12.01 A.M. AND EXPIRING JANUARY 12, 2019 AT 12.01 A.M. INDEPENDENT CODE CONSULTANTS (A CO 1931 SAN MIGUEL DR WALNUT CREEK, CA 94596 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS . POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~~q FEBRUARY 12, 2018 PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) 1 OF 1 2572 OLD DP 217