Loading...
18-049 M Group, On Call Planning Consulting Services for the Vallco SB 35 ApplicationCITY OF a PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of _A~p_r_i1_5_,_,_2_0_1_8 ____________ _ ("Effective Date") by and between the City of Cupe11ino , a municipal corporation ("City"), and M Grou ("Contractor"), a Cor oration for on-call planning consulting services for the Vallco SB 35 application. 2. SERVICES Contractor agrees to provide the services and perfo1m the tasks ("Services") set fo11h in detail in Scope of Services, attached here and incorporated as Exhibit A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30 , 2019 ("Contract Time"), unless te1minated earlier as provided herein. Contractor 's Services shall begin on April 9, 2018 and shall be completed byJ_t_m_e_3_0~, 2_0_1_9 _____ _ 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance , attached and incorporated here Exhibit B . 3.3 Time is of the essence for the perfonnance of all the Services . Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed AJ--8 C''Contracillic_c ),-b.as.eci.up.on-the_scop_e_of_se1:\Lices.-in-ExhihiLA--and------- the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor 's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments . Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thi11y (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any fu11her payment or other obligations under the Agreement. Project Vall co SB 35 Application Profes sional/Cons ulting Con tracts /Version: Nov 16, 2017 Page I o f 8 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an indep end ent contractor and not an employee, paitner, or joint venture of City. Contractor is solely responsible for the means and methods of perfo1ming 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 industry. 5.3 Permits and Licenses. Contractor wairnnts on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce1tified to perfmm 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 w1itten approval from City is required for any subcontractor, and the te1ms 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 perfo1m 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 INFORMATION In perfo1ming this Agreement, Contractor may have access to private or confidential info1mation owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third paities may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perfo1m this Agreement. Contractor shall exercise the same standard of care to protect City info1mation as a reasonably prndent contractor would use to protect its own prop1ietary data . 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, repo1t , map , plan, drawing, specification, data, record, document or other infmmation or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive prope1ty of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent pern1itted by Title 17 of U.S . Code, all Work Product arising out of thi s Agreement is considered "works for hire " and all copy1ights to the Work Product will be the property of City. Alternati v ely, Contractor assigns to City all Work Product copyrights . Contractor may use copies of the Work Product for promotion only with City 's written approval. Proj ec t Vallco SB 35 Applica tion Profess ional/Cons ulting Contracts /Vers ion: Nov 16, 2017 Page 2 o f 8 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third paiiy intellectual prope1iy, including but not limited to patented , trademarked , or cop yrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights , City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others ; ( c) Subsequent additions to the original Services ; and/or (d) Other City projects . 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its perf01mance in accordance with generally accepted accounting principles . The records must include detailed info1mation of Contractor 's perf01mance , benchmarks and deliverables, which must be available to City for re v iew and audit. Th e records and supp01iing documents mu st 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 of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld . Control means fifty percent (50%) or more of the voting power of the business entity. Any publicity generated by Contractor for the project under this Agreement, during the te1m of this Agreement and for one year thereafter, will reference the City 's contributions in making the project possible . The words "City of Cupe1iino" will be displayed in all pieces of publicity, including flyers , press relea se s, posters , brochures , public service announcements , interviews and newspaper aiiicles. No signs may be posted, exhibited or displayed on or about City prope1iy, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fulle st extent allowed by law , and except for losses caused by th e sole and active negligence or willful misconduct of City personnel , Contractor shall indemnify, defend and hold Projec t Val lco SB 35 App licat ion Professional/Co nsulting Contracts /Vers ion: Nov 16, 20 17 Page 3 of 8 hannless City, its City Council , boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees "), through legal counsel acceptable to City, from and against any and all liability, damages , claims , actions , causes of action , demands, charges , los ses, 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 watrnnties ; (b) Negligent or willful acts or omissions committed during perfo1mance of the Services; ( c) Personal injury, prope1ty damage , or economic lo ss resulting from the work or perfo1mance of Contractor or its subcontractors or sub-subcontractors; ( d) Unautho1ized use or disclosure of City 's confidential and prop1ietary 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 prope1ty rights of any third patty. 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-patty 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 atising 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 sha ll be constrned 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 atising 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 D , and must maintain the insurance for the duration of the Agreement , or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory ce1tificates of insurance and endorsements evidencing the type, amount, class of operations ---------=,_...,.1:_ed,_andJhe....effe.cliYe_ancLex piratio.ruiates_oLcQv.e.rage.--.EailureJ:o-co.n:i.pJ.y_w.ith-this-p1:o-¥-i.s.i.on------- may result in City, at its sole discretion and witho ut notice , purchasing insurance for Contractor and deducting the costs from Contractor 's compensation or te1minating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local , state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform . Contractor is responsible for verifying the employment authorization of emp lo yees perfo1ming the Services, as required by the Immigration Refo1m and Contro l Act. Project Va ll co SB 35 Appl ication Professional/Consu/1ing Contract s /Vers ion : No v 16, 201 7 Page 4 o f 8 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 of race, religious cre ed , color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification . Contractor shall comply with all anti -discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735 , 1777 and 3077.5. Consistent with City policy prohibiting harassment and disc1imination , Contractor understands that harassment and disc1imination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. 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 waii-ants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq . Contractor may be required to file a conflict of interest f01m if Contractor makes certain 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 mies 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 te1minating 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 Piu Ghosh , Principal Planner as the City's representative for all purposes under this Agreement, with authority to oversee the progress and perfo1mance of the Scope of Services . City reserves the 1ight to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Geoff I. Bradley , Principal as its single Representative for all purposes under this Agreement, with authority to oversee the progress and perfonnance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Perf01mance . Contractor must regularly update the City 's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative . 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or pai1s therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be Projec t Vallco SB 35 Appli ca tion Pro.fess iona//Consu lting Con tracts /Version: Nov I 6, 20 I 7 Page 5 o f 8 given reasonable time to assemble the work and close out the Services . With City 's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the perfo1mance of the Services . 16. TERMINATION 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 te1mination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California . Any lawsuits filed related to this Agreement must be filed with the Superior Comi 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 com1. 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 suppmied by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration , appeal , or other proceedings to enforce its 1ights or a judgment in connection with this Agreement, the prevailing paiiy will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third paiiy beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement r epresents th e full and complete understanding of every kind or nature between the Paiiies , and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Paiiy's authorized representative. No verba l agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement sha ll prevail. Proj ec t Vallee SB 35 Applica tion Professional/Consulting Contracts !Vers ion: Nov 16, 2017 Pa ge 6 of8 22. INSERTED PROVISIONS Each provision an d clause required by law for this Agreement is deemed to be included and will be infeITed herein . Either pai1y may request an amendment to cure mistaken inse11ions or omissions of required provisions . The Pai1ies will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a pai1 of the Agreement and in no way affect , limit or amplify the terms or provisions of this Agreement. 24. SEVERABILITY /PARTIAL INVALIDITY If any tenn or provision of this Agreement, or their application to a pai1icular situation, is found by the court to be void, invalid, illegal or unenforceable, such tern1 or provision shall remain in force and effect to the extent allowed by such rnling. All other tenns 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 cmTy out its intent. 25 . SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confomed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid, registered or ce11ified, or the next business day following electronic submission : ro-Gi-ty-o-f€upertino ro-eontractor:-M-etrou p 10 30 0 Torre Ave., Cupe1iino CA 95014 307 Orchard City Drive , Suite I 00 Ca mpbell , CA 95008 Attention: Piu Ghosh Attention: GeoffBradley Email: PiuG @cupe1iino .org Email: gbrad ley @m -gro up.u s 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupe11ino 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 . Projec t Vallco SB 35 App li cation Profess ional/Consulting Contracts /Version : Nov 16, 2017 Page 7 of8 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full 1ight, power, and authority to enter into and cany 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 Conh·actor. 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 MGroup Bycf/~ Name el fZ!PF f3 {I!.. A-V 0 ft ( Title Pf£-'>, Date 4 /s-/J<J r· Tax I.D. No .: fj,,,() -) 2,(} >2(} </; RAN Cupertino City Attorney GRACE SCHMIDT City Clerk (( -rfo -r r Project Vallco SB 35 Appllca llon Page 8 of8 CITY OF CUPERTINO A Municipal Corporation By /~6LA . Name Aarti Shrivastava Title Assistant City Manager Date t?flo#JK Professio11al/Co11s11/ti11g Controcts /Vers ion: Nov 16, 2017 r I I I I I m-group .us a new des ign on urban pla nning April 2, 2018 Aarti Sh rivastava Assistant City Manager/COD City of Cupertino 10300 Torre Avenue Cupertino , CA 95014 RE: PROPOSAL FOR ON-CALL PLANNING CONSULTING SERVICES-VALLCO SB 35 APPLICATION Dear Aarti, We are pleased to respond to the City 's need for On-Call Planning Consulting Services . We understand that the City seeks planning consulting services to provide project management, planning review and community engagement for the processing of the Vallco Town Center SB 35 Application . Our mission is to create a new design on urban planning by working closely with City staff, stakeholders, and decision makers . We approach city and regional planning efforts in a manner that is tailored to the uniqueness of each community. Timeliness, efficiency, best practices and excellent customer service are at the core of our approach to planning and environmental consulting . With a strong focus on serving communities in the Bay Area , M-Group has consistently demonstrated an ability to provide outstanding planning services for over 60 Bay Area jurisdictions. We offer the City a team of experienced planning professionals who will provide clear communication and work effectively to manage the Vallee SB 35 Project through completion within the 180-day statutory timeframe. We have selected our team based on their extensive experience working in Bay Area communities on large and complex projects, including previous work in Cupertino. This experience will allow us to hit the ground running . The key team members, their titles and roles are : • Geoff I. Bradley, AICP -Principal-in -Charge -Project Manager • Sheldon Ah Sing, AICP -Principal Planner -Deputy Project Manager • Emily Foley-Assistant Planner -General Support The goal of our three -person M -Group team is to provide a range of skills and time commitments to offer the highest quality work as quickly as possible. The total M-Group work effort is estimated to be the equivalent one half-time planner (20 hours per week on average). 307 Orcha r d City Dr ive, Su ite 100, Campbe ll , CA 95008 408.340.5642 m -g roup .u s Aarti Shrivastava April 2, 2018 Page 2 We appreciate your time and consideration and look forward to the opportunity to provide our services to the City of Cupertino . We are open to working with you and your team to refine our proposal as necessary . Sincerely, GEOFF I. BRADLEY, AICP Principal+ President Cell: 408.603 .0072 gbradley@m-group.us Enclosures : Scope of Work Budget Rate Sheet Resumes Insurance Certificates 307 Orchard City Dri ve, Su ite 100, Campbell, CA 9S008 408.340.5642 Exhibit A SCOPE OF WORK The following scope of work will provide effective project management and timely processing of the Vallco SB 35 Application submitted to the City of Cupertino on March 27, 2018 . The task s will be completed on a Time & Materials basis. Due to the nature of the development review process, accurate estimates of time are difficult to establish. The scope of work will be accomplished with a team approach led by the Principal-in-Charge, assisted by a Principal Planner and an Assistant Planner . Task 1: Project Management M-Group's Principal-in-Charge shall serve as the Project Manager and single point of contact for the Vallco SB 35 Project, which includes, but is not limited to the following : • Proactive application processing within the legally required State established timelines • Establish an effective working relationship with the applicant team, city staff and other project consultants • Facilitate and coordinate meetings • Maintain an organized and complete project file • Provide frequent updates to the responsible city contact • Be respons ive to city requests for information and project updates as needed • Ensure overall quality assurance of work • Effectively manage subconsultants as necessary; and • Seek guidance from city contact as needed Task 2: Technical Review & Research Review the project in compliance with applicable technical codes, including state and federal laW;-lu cat--zu ntng-cmJe-s0 JCYlrci -e-s;---gui-d-et irre--s~la n s a nctTelcIT eda ocumen tstn ar a p pl y to rn~e------- p ro ject. M-Group will diligently apply these rules, regulations and procedures to the proposed project. Re search into specific iss ues and solutions will be conducted at the direction of the city contact. Task 3: Community Engagement The M-Group Project Manager, with assistance from the other M-Group team members will organize and implement all city-led community engagement efforts. This may include community meetings, focus groups, presentations to community groups and on-line efforts. a new design on urban planning m-group .us 307 Or ch ard City Dri ve , Sui te 100, Camp bell, CA 95008 Task 4: Report or Document Preparation Utilize the city's internal report processing protocols to initiate and prepare reports, including all applicable attachments. Project Manager shall follow guidance and instruction from city contact on format or other report-related procedures. The Project Manager is expected to proactively monitor report review progress and adhere to the city's report timelines, unless otherwise directed. Reports may be gene r ated by the Project Manager or Deputy Project Manager or the city staff. In either case, all reports and written material shall be reviewed by the Project Manager or Deputy Project Manager for accuracy, quality, completeness and consistency with city policy goals. For matters that require a formal determination letter, the Project Manager will use applicable city templates to document official city action. Task 5: Presentations The Project Manager shall be responsible for preparing and submitting for review to the city contact, PowerPoint presentations to any commissions, community groups, or the City Council at least five days in advance of the meeting. Task 6: Meeting Attendance The Project Manage r is ex pected to attend all city or applicant initiated meetings as required . The Project Manager, or Deputy Project Manager, in case of scheduling conflicts, shall anticipate attending Planning Commission and City Council meetings as needed. a new design on urban planning m-group .us 307 Orchard City Drive, Suite 100, Campbel l, CA 95008 Exhibit C BUDGET M-GROUP Staff Hours Per Wk. No . of Weeks Hours Rate Principa 1-i n-Cha rge/ Project Manager 10 25 250 $ 250 $ Principal Planner/ Deputy Project Manager 5 25 125 $ 160 $ Assistant Planner 5 25 125 $ 85 $ 20 500 $ Contingency 10% $ TOTAL BUDGET ESTIMATE $ NOTES: 1) The tasks identified in the Scope of Work will be completed on a Time & Materials basis. 2) Due to the nature of the development review process, this is a Budget Estimate only. 3) Only hours worked will be billed. This time Budget Estimate is for budget setting purposes only. The actual cost will be lower or higher. Exhibit B 4) The Budget assumes project work starting April 9 and ending Sept. 2018; a 6-month duration. 5) No work will be completed beyond the Budget Estimate without prior authorization. a new des ign on urban planning m -g r o u p.us 307 Orchard City Drive , Suite 100, Campbe ll , CA 95008 Cost 62,500 20,000 10,625 93,125 9,313 102,438 M-GROUP 2018 RATE SHEET M-GROUP STAFF Admin Analyst Planning Tech Ass istant Planner Assistant Urban Designer Social Media Coordinator Associate Planner HOURLY RATE $75 $90 Associate Urban Designer Associate Environmental Planner $115 Historic Pr eservation Specialist Senior Planner Senior Urban Designer Senior Environmental Planner Project Manager Principal Planner Pr incipal Env ironmental Planner Di r ector of Urban Design Prin cipal $130 $140 $160 $200-250 * Hou r ly r ates are subject to annual adju stm ent. * Su b-co nsu ltan t s in clud e a 10% admini strat ion f ee EXPERIENCE M-Group President+ Principal 2006 -Present KB Home South Bay Forward Planning Manager 2005 -2006 City of Campbell Senior Planner 2000 -2005 Redevelopment Coordinator 1997 -2000 City of Sunnyvale Assistant & Associate Planner 1995 -1997 RRM Design Group Assistant & Associate Planner 1989 -1995 Morris Skenderian & Associates Architectural Draftsman 1985 -1989 GEOFF I. BRADLEY, AICP PRINCIPAL IN CHARGE Geoff has over 25 years of professional public and private experience planning and building communities. A var ied background work ing for architect ure, plann ing, development firms and public agencies provides him a wide perspective . This includes 10 years of fast-paced public sector experi ence with Bay Area planning and rede velopment agencies and over 15 years of pri vate sector experience . His work include s Genera l Plans, Hous ing El ements and Zoning Codes as wel l as downtown revitalization, major commerc ia l, mixed-use and innovative transit-oriented projects. Geoff is a results-oriented planning profes sional with a strong design background in architecture, urban design and landscape architecture. He is passionate about improving our natural and man- made places with an ability to combine innovative ideas wit h pragmatic solutions . AREAS OF EXPERTISE • Development Review & De sign Rev iew • Planning Depart ment Management • Entitlements for Complex Projects • Visioning/General Plan • Zoning Code Updates • Community Engagement • Si t e Planning/Urban Design & Design Guidelines STAFFING SOLUTIONS VALLCO REDEVELOPMENT I CITY OF CUPERTINO ___ ___.E ... D"--'U..__C,..Ao.I.ul._,,O ..... N.1-_________ Project-pi-annerlorlTig~rofrl-e-ancJ-extreme·ly-rnntroveTsra1-pn;p-o,;·a-i-to,i:td-eve-i-o- Master of Science in Architecture Ca lifornia Polytechnic State University, San Luis Obispo San Luis Obispo, CA Bachelor of Science in City & Regional Planning Ca lifornia Polytechnic State University, San Luis Obispo San Luis Obispo, CA m-group.us aging indoor regional mall wit h a new mixed-use project featur in g the world's largest green roof. Coordinated development review and EI R preparation as well as subsequent 92 12 repo rts as all owe d fo r un de r Ca li fo rni a e lect ion code. (20 16) CITY VENTURES PROJECT I CIT Y OF MOR GA N HILL Project p lanner for fast-tracked development processing for a 42-unit infill project near Downtown Morgan Hill. (2012) NETFLIX PROJECT I CIT Y OF LO S GATO S Project planner for the Albright Project; a h igh-profi le proj ect for a new 550,000 square foot corporate campus in Los Gatos . Successfully coord inated a fast paced exped ited review process cu lminating in we ll attended public h eari ngs. (2011) Landscape Architecture & Urban Studies University of Sheffield, U.K. MEMBERSHIPS American Planning Association American Institute of Certified Planners SPUR Silicon Valley Bicycle Coalition Californians for Electoral Reform AWARDS Award for Comprehensive Plan: Mill Valley General Plan (Housing Element), APA California Design a monument to Silicon Valley Grand Prize Winner, San Jose Mercury News Logo Design Contest, Shop Sunnyvale GEOFF I. BRADLEY, AICP PRINCIPAL IN CHARGE MURPHY RANCH PROJECT I CITY OF MILPITAS Project Planner for 400-unit apartment and townhouse project involving a controversial General Plan Amendment and Rezoning request. (2008) VARIOUS PROJECTS I CITY OF MOUNTAIN VIEW Managed and coordinated review of projects of City wide interest including transit- oriented residential projects, a Home Depot proposal at San Antonio Center and El Camino Real redevelopment proposals. (2006 -2008) LOWE'S SHOPPING CENTER I CI TY OF SAN JOSE Worked closely with developer team and city staff to expedite new Lowe's anchored shopping center. Overcame highway right-of-way and creek issues to facil itate expedited processing and construction schedules. (2008 -2010) TRINITY CHURCH PROJECT I CITY OF SUNNYVALE Rezone and Use Permit for time sensitive church relocation requiring full range of services to overcome dynamic policy environment and political challenges. (2006 -2008) SENIOR HOUSING & RETAIL PROJECT I CITY OF CAMPBELL Facilitated city and community approval of mixed-use project; demonstrated consistency with City General Plan and Zoning requirements . Interfaced with neighbors to address concerns that led to project approval. (2008) PLANNING MANAGEMENT PLANNING MANAGER I CI TY OF PETALUMA Served as Planning Manager and provided complete staffing for Planning Division under multi-year contract. Instituted wide-ranging reform s and process improvemen ts . -------------------.-xpa naea counter ours an improve customer service an accounta i ity. Deve oped National Talent Search Winner, Pratt Institute of Design LEADERSHIP Cal Poly City & Regional Planning Advisory Committee Founding Member Co -Director, APA Northern California Membership 2013-2016 ULI Ur ban Plan Volunteer m-group .us innovative funding model to provide long term fiscal savings to the City. Numerous projects included; 95-room hotel adaptive reuse in a historic building, East Washington Place shopp ing center (378,000 s.f.), Deer Creek Village shopping ce nter (315,000 s.f.), historic downtown development, numerous mi x ed-use projects and hill side residential subdivisions . Zoning ordinance updates and coordination for special projects and advance planning efforts. Managed large, complex EIRs for controversial projects of community-wide interest. (2009 -2012) EXPERIENCE M-Group Principal Planner 2016-Present M-Group Senior Planner 2014 -2016 EDUCATION Master of Urban and Regional Planning, University of California at Irvine Irvine, CA Bachelor of Science, Regional Development University of Arizona Tucson , AZ MEMBERSHIPS American Planning Association (APA) American In stitute of Certified Planne r s (AICP) m-group.us SHELDON AH SING, AICP PRINCIPAL PLANNER Sheldon 's 15+ years of experience in land use planning allows him to tackle problems in an inn ovative and effective manner. He fully understands planning and capab ly coordinates a multitude of public and private in te rests on complex projects, bringing them to successful completion. Sheldon is adept at balancing the big picture with the need for attention to detail while meeting aggressive schedules. His experience in project management, policy planning, development review and historic pres ervation make him an effective leader and team member in a var iety of situations. AREAS OF EXPERTISE Development Review Project Management Environmental Planning/ CEQA Grant Writing Coordination and Communication Staff Training and Management POLICY PLANNING+ PROJECT MANAGEMENT • Managed Climate Action Plan project by coordinating with consultants and city staff. • Successfully negotiated Development Agreement for the development of a R&D campus. • Responsible for review of El Rs drafted by consultants and/or other agencies for potential impacts on the City . • Created and implemented process efficiencies for reports and agendas to Commissions. • Authored and orchestrated comprehensive Zoning Code Update to streamline outdated zonin ordinances includin coordination w ith city~g""a-'-'rt""m,.,,._,n_,_,,_.,,--"'.L.,,._ ___ _ outside agencies . • Authored "green building" ordinance consistent with building codes and industry benchmarks and various CEQA-compliant documents. • Assisted City of Saratoga with drafting of Housing Element. • Drafted Environmental Document for City of Campbell for their General Plan Land Use and Transportation Element update for Complete Streets. • Managed hotel and car dealership building projects. ENVIRONMENTAL REVIEW INITIAL STUDY FOR THE LAND USE AND TRANSPORTATION ELEMENT CITY OF CAMPBELL , CA Drafted the initial study for the City of Campbe ll's Gen eral Plan Land Use and Tran sportation Element update for Comp lete Streets . m-group .us SHELDON AH SING, AICP PRINCIPAL PLANNER INITIAL STUDY FOR 777 WELCH MEDICAL OFFICE BUILDING I CITY OF PALO AL TO , CA Drafted Initial Study leading to Mitigated Negative Declaration for the project. Following, the City's CEQA thresholds, analysis concluded that mitigation measures were necessary to implement the project, specifically relating to hazards & hazardous materials and cultural resources . Coordination with staff and the applicant ensured that the project description and mitigation measures were accurate and agreed upon . INITIAL STUDY FOR 490 EL CAMINO REAL PROJECT I CITY OF BELMONT, CA Drafted Initial Study leading to Mitigated Negative Declaration for the project. Following CEQA thresholds and guidelines, analysis concluded that mitigation measures were necessary to implement the project, specifically aesthetics, air quality, biological resources, cultural resources, geology/soils, hazards & hazardous materials, noise and transportation/traffic. Coordination with staff and the applicant ensured that the project de scription and m itigation measures were accurate and agreed upon . STAFFING SOLU T IONS Managed the entitlements for comple x and high profile commercial, industrial , residential, mi xed use, and Transit Oriented Development projects: DOWNTOWN OFFIC E DEVELOPMENT REVIEW I CITY OF BUR LI NGAME, CA Proposal included t~e construction of 68,000 square feet of hotel and retail near CalTrain station and within the downtown. DOWNTOWN HOTEL DEVELOPMENT REVIEW I CITY OF MORGAN HILL, CA Proposal included the construction of 45,000 square feet of office and retail over basement parking near CalTrain station and within the downtown . EL CAMINO REAL MIXED USE DEVELOPMENT REVIEW I CIT Y OF BEL M ONT, CA Proposal included the construction of 5,000 square feet of commercial and 73 multi-family dwelling units over a podium parking garage near CalTrain station and downtown . MEDICAL OFFICE BUILDING DEVELOPMEN T REVIEW I CITY OF PA LO ALTO, CA Proposal included the phased construction of three-story, 28,750 square feet of medical office space adjacent to the Stanford University Medical Center. DOWNTOWN MIX ED USE DEVELOPMENT REVIEW I CITY OF PA LO AL TO , CA Proposal included the construction of a three-story mi xed use building and the retention of an on-site historic resource . EXPERIENCE M-Group Assistan t Pl a nner Dec. 201 6 -Pre sent M-Group Planning Technician June 2016 -Dec. 2016 HMH Engineers Junior Planning Technician June 2015 -Sept. 2015 EDUCATION Bachelor of Science in City and Regional Planning California Polytechnic State University, San Lui s Obi sp o AWARDS AICP Outstanding Student 2016 Bank of America Low-Income Housing Challenge California Transportation Foundation m-group.us EMILY FOLEY ASSISTANT PLANNER Em ily is a planner with a wide ra nge of int erests and experience in housing, climate planning, research, and current planning . She has a strong work eth ic and communicates effectively. She is cur rently ass isting the City of Palo Alto with design review of single family homes . Emily ha s outstanding written and oral communication skills and is an excellent team player. AREAS OF EXPERTISE • Development Review • Design Review • Research STAFFING SOLUTIONS CURRENT PLANING I CIT Y OF MILPITA S Provides counter coverage answering questions and approving plans over the counter. Performs building permit plan checks for a wide range of projects . Delivers excellent customer service at a very busy, fast paced public planning counter. DESIGN REVIEW I CIT Y OF PALO ALTO, CITY OF MORGAN HILL Reviews and processes single-family-home rebuild and remodel applications. Performs related building permit plan checks. Performs planning final inspections. Assists with development review of small subdivisions. JUNIOR PLANNING TECHNICIAN I HMH, SAN JOSE Assisted with preparation of Planned Development Permits and Rezoning, and AutoCAD drafting. Edited in-progress specific plan. Attended committees, hearings and meetings for Cities of Santa Clara and San Jose . Researched zoning codes and general plans. RESEARCH & POLICY PLANNING RESEARCH I M -GROUP Conduct research and assists with proposals . Research, and drafting policy topic papers for M-LAB .. Creates SketchUp massing models for urban design studies. ACADEMIC EXPERIENCE STUDENT ASSISTANT I CAL POL Y, KENNED Y LIBR A RY Organi zed documents for public access, performed database search and uploading of faculty and student research to Bepress Digital Commons Inst. Repository. 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 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 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 prope1ty damage. ---,----~ 3. -WorkersLGompensati-on·:-As--req-u-ired-by-th-e-S-tate-of-€a-J-ifornia-;-with-Siatutory-J::imits-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 $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy fom1 with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-Ins urance R equirem ents for D esign Professionals & Consultants Con tracts Form Updated F eb. 201 8 1 METRPLA-01 ADNANS ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DDIYYYY) ~ 04/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 License # 0252636 ~R~i~cT Adnan Shaikh United Agencies PHONE I FAX 2075 De La Cruz Blvd (A/C, No , Ext): (A/C, No): Santa Clara, CA 95050 it1cf~~ss : adnan@gsisol.com INSURER/Sl AFFORDING COVERAGE NAIC# INSURER A : Ohio Securitv Insurance Comoanv 24082 INSURED INSURER B: United Financial Casualtv Comoanv 11770 Metropolitan Planning Group DBA M-Group 1NsURERc :American Fire and Casualtv Comoanv 24066 307 Orchard City Drive INSURER D: United States Liabilitv Insurance Companv 25895 Campbell, CA 95008 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY TH AT THE POLICIES OF IN SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN G AN Y REQUIREM ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DO C UMENT WITH RESPECT TO WHI C H THI S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURAN C E AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITION S OF SUCH POLI C IE S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE l~,?.,O~ SUBR POLICY NUMBER ,~gLlcY EFF POLICY EXP LIMITS I TR '"""' A X COMMERCIAL GENERAL LIABILITY EACH OCCURR ENC E s 2 ,000 ,000 1--D CLA IMS -MADE [Kl OCCUR ~~~~~H9E~~J~.Pe nce\ 500,000 BKW56609535 04/09/2018 04/09/2019 s -MED EXP /Anv one oersonl s 15,000 - PERSONAL & ADV INJURY s 2,000,000 - 4,000,000 ~'L AGGR EGATE LI MIT APPLIE S PER: GE NE RA L AGGR EGAT E s POLI CY [Kl '.fr8i D LOC PRODUC TS -COMP/OP AGG s 4,000,000 OTHER : s 8 AUTOMOBILE LIABILITY COMBIN ED SINGL E LI MIT 1,000,000 tF a acr.idenl\ s 1-- X ANY AUTO 04105609-0 08/31/2017 08/31/2018 BODILY INJURY /Pe r oe rsonl s 1--OWN ED X SCHE DULED 1--AUTOS ON LY _ AUTOS BODILY INJURY /Per acci dent\ S X ~LRT?:i°s ONLY X NON-OWNED fpfJ.?~tc~iei,?AMAGE s -1--AUTOS ONLY s C X UMBRELLA LIAB M OCCUR EAC H OCC URRENC E s 1,000,000 -ESA56609535 04/09/2018 04/09/2019 EXCESS LIAB CLAIMS-MAD E AGGREGATE s 1,000,000 DED I I RETE NTI ON s s A WORKERS COMPENSATION XI ~ffTU TE I I OTH- AND EMPLOYERS " LIABILITY ER YIN XWS56609535 04/09/2018 04/09/2019 1,000,000 ANY PROPRIET OR/PAR TNE R/EX ECUTIVE D E.L. EAC H ACC IDE NT s OFFI CER/ME MBER EXC LUDED ? N/A 1 ,000,000 (M andatory In NH) E.L. DI SEASE -EA EMP LOY EE S ---If-ye . describe·unde ~.000 ,000 DESCR IPTI ON OF OPERATI ONS be low E.L. DIS EASE -PO LI CY LI MIT s D Professional E&O SP1552662D 04/09/2018 04/09/2019 Per Claim 3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHI CLES (A CORD 101 , Ad ditional Remarks Schedul e, may be attach ed if more spa ce is requ ired ) City, its City Council, boards and commissions , officers, employee s and volunteers are named as an additional insured under all insurance coverages . Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' a dvance written notice to the City of Cupert i no by certified mail. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CUPERTINO THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLI CY PROVISIONS . 10300 Torre Ave. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved . The ACORD name and logo are registered marks of ACORD -N m g -- 0 ~ N a -- POLICY NUMBER : BKW56609535 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOME THE INSURED HAS AGR EED BY WRITTEN CON TRACT TO PERFORM SERVICES WITHIN THE TERMS AND COND ITIONS OS THIS POLICY TO WHICH THI S FORM IS ATTACHED Location(s) Of Covered Operations AL L LOCA TIONS Information required to complete this Schedule , if not shown above , will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds , the following addi- or organization(s) shown in the Schedule , but tional exclusions apply : only with respect to liability for "bodily in-This insurance does not apply to "bodily in- J·ury", "property damage" or "personal and advertising injury " caused, in whole or in jury" or" property damage" occurring after: 1. All work, including materials, parts or part, by: equipment furnished in connection with 1. Your acts or omissions ; or such work , on the project (other than ser- 2. The acts or omissions of those acting____,,_o!..!.n ______ _,v'-"·"""-, maintenance o_u:e_p_air.s_)_iQ__Ji_e__p_e.r_-_____ _ your behalf; formed by or on behalf of the additional in the performance of your ongoing insured(s) at the location of the covered operatons for the additional insured(s) at the operations has been completed ; or location(s) designated above . 2. That portion of "your work" out of which However: the injury or damage arises has been put 1. The insurance afforded to such additional to its intended use by any person or or- ganization other than another contractor insured only applies to the extent permit-or subcontractor engaged in performing ted by law; and operations for a principal as a part of the 2. If coverage provided to the additional in-same project. sured is required by a contract or agree- ment , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . CG 20 10 04 13 © Insurance Services Office , Inc ., 2012 Page 1 of 2 v m 0 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc ., 2012 CG 20 10 04 13 POLICY NUMBER : BKW56609535 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WITH WHOME THE INSURED HAS AGREED BY WRITTEN CONTRACT TO PERFORM SERVICES WITHIN THE TERMS AND CONDITIONS OS THIS POLICY TO WHICH THIS FORM IS ATTACHED Location And Description Of Completed Operations CITY PLANNING SERVICES ALL LOCATIONS Information required to complete this Schedule, if not shown above , will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following is or organization(s) shown in the Schedule, but added to Section Ill -Limits Of Insurance: only with respect to liability for "bodily in-If coverage provided to the additional insured jury" or "property damage" caused, in whole is required by a contract or agreement, the or in part, by "your work" at the location des-most we will pay on behalf of the additional ignated and described in the Schedule of this insured is the amount of insurance: --J.------e-naorsementt5erformecl fo ,fhatclC!o1t1onal ----------------------------~ 1. Required by the contract or agreement; 0 0 w insured and included in the "products-com-or pleted operations hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations ; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permit- ted by law; and This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec -2. If coverage provided to the additional in-larations . sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 20 12 Page 1 of 1 . = = = 1---- -- 0 COMMERCIAL GENERAL LIABILITY CG 88 83 04 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOME THE INSURED HAS AGREED BY WRITTEN CONTRACT TO PERFORM SERVICES WITHIN THE TERMS AND CONDITIONS OS THIS POLICY TO WHICH THIS FORM IS ATTACHED (Information required to complete this Schedule, if not shown above , will be shown in the Declarations.) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. The following is added to Paragraph a. Primary Insurance of Condition 4. Other Insurance under Section IV -Commercial General Liability Conditions : However, when the person or organization shown in the Schedule of this endorsement has been added as an additional insured to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "person's or organization's own insurance" provided that: (1) You have agreed in a written contract that this insurance is primary and non-contri butory; and (2) The "bodily injury", "property damage" or "personal and advertising injury" is: a. Committed subsequent to the execution of such contract; and b. This policy covers the "bodilY.______!Djury", "property damage" or "personal and advertising in- jury". B. For the purposes of this endorsement the following is added to Section V -Definitions : "Person's or organization's own insurance" means general liability coverage for damages for which the ~ person or organization shown in the Schedule of this endorsement is designated as a Named Insured . © 2012 Liberty Mutual Insurance CG 88 83 04 12 Includes copyrighted material of Insurance Services Office , Inc., with its permission. Page 1 of 1 :!!- ~- 0 ~ N N M 0 ;;; -- WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 99 06 79 (Ed . 01-13) 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 organi zation named in the Sch edul e. (This agreement applies only to the extent that you perform work under a written cont ract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for th is endorsement is $ 250 Schedule Person or Organization ANY I ND I VIDUA L OR ORGANIZATION THAT REQUIRES THE WA I VER AS PER WRI TTE N CO NT RAC T . Job Description ALL OPERA TIONS This endorsement cha nges the policy to which it is attache d and is effect ive on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Effective 04/09/2017 State Policy No . XWS (18) 56 60 95 35 Insured METROPOLITAN PLANNING GROUP Endorsement No . 0004 Premium Insurance Company Ohio Security Insurance Company 19291 WC 99 06 79 (Ed . 0 1-1 3) © 201 3 Li be rt y Mutu a l Insurance Counters igned by A~ :S~ Incl ud es copy rig ht ed mate ria l of W CIR B,w ith it s perm iss ion.