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18-176 CSG Consultants, Plan Review Services for Apple Tantau 141 SECOND AMENDMENT TO AGREEMENT 18-176 BETWEEN THE CITY OF CUPERTINO AND CSG CONSULTANTS FOR PLAN REVIEW AT TANTAU 14 This Second Amendment to Agreement 18-176 between the City of Cupertino and CSG Consultants, for reference dated 5/27/2020, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and CSG Consultants, a California Corporation (“Contractor”) whose address is 550 Pilgrim Drive, Foster City, CA 94404 and is made with reference to the following: RECITALS: A. On 8/14/2018, Agreement 18-176 (“Agreement”) was entered into by and between City and Contractor for plan review at Tantau 14. B. On 7/9/2019, City and Contractor entered into a First Amendment to the Agreement. C. The Agreement and First Amendment are collectively referred to as the “Agreement,” unless otherwise indicated. D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Consultant further agrees to carry out its work in compliance with the City’s Shelter in Place and Social Distancing Guidelines Requirements, attached here and incorporated as Exhibit A-A. 2. Exhibit A-A, attached hereto, is added to the Agreement. 3. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE 3.1 This Agreement begins on Effective Date and ends on June 30, 2022. (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on September 10, 2018 and shall be completed by June 30, 2022. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B-1. 2 3.3 Time of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. Exhibit B to the Agreement is replaced with Exhibit B-1, attached hereto. 5. Exhibit D to the Agreement is replaced with the revised Exhibit D, attached hereto. 6. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONTRACTOR By Title Date CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk EXPENDITURE DISTRIBUTION PO #2019-313 100-73-715-900-923 Original $175,000 Amendment #1: $0 Amendment #2: $0 Total: $175,000 Cyrus Kianpour Heather M. Minner Kirsten Squarcia 6/5/20 550 Pilgrim Drive Foster City, CA 94404 Phone: 650.522.2500 Fax: 650.522.2599 www.csgengr.com FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | ORANGE | REDLANDS May 27, 2020 Albert Salvador, PE, CBO Building Official 10300 Torre Avenue Cupertino, CA 95014 Re: Proposed Extension to Agreement 18-176 for Plan Review at Tantau 14 Dear Mr. Salvador: CSG Consultants, Inc. (CSG) is pleased to present this proposal to continue providing professional building plan review services to the City of Cupertino (City) for the Apple Tantau 14 project (Project). On August 14, 2018 the City and CSG entered into a Professional/Consulting Services Agreement (Agreement) for plan review services for the Project. Thereafter, a First Amendment was executed to extend the term through June 30, 2020. The intent of this letter is to propose for an amendment to the Agreement to further extend the term through June 30, 2022, in the event the City desires to utilize CSG to provide additional plan review services for the Project. Shweta Prakash will continue to serve as the Project Manager for this Agreement. Her contact information is as follows: Shweta Prakash, P.E. 550 Pilgrim Drive, Foster City, CA 94404 office (650) 522-2503 | email: shwetap@csgengr.com Please feel free to contact Ms. Prakash with any questions or comments you may have regarding our proposal. We look forward to continuing our working relationship with the City. Sincerely, Cyrus Kianpour, PE, PLS President, CSG Consultants, Inc. Exhibit B-1 Revised: April 30, 2020 – Services Agreements 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. As long as required by the operative Health Order or other Health Laws, these measures shall include, but are not limited to, the following: 1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to any project site or any work area to workers who are necessary to perform in-person work. Require non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. 2. Distancing. Where workers perform in-person work at a project site or a work area, prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception Revised: April 30, 2020 – Services Agreements 2 of any physical contact required for worker safety or to comply with safety Laws. Prohibit workers from sharing a vehicle. E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. 1229192.7 Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Sept. 2019 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 basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Sept. 2019 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/3/2020 Arthur J.Gallagher &Co. Insurance Brokers of CA,Inc.LIC #0726293 1255 Battery Street,Suite 450 San Francisco CA 94111 415-536-8617 415-536-8627 certrequests@ajg.com Arch Insurance Company 11150 CSGCONS-01 Redwood Fire and Casualty Insurance Co 11673CSGConsultants,Inc. 550 Pilgrim Drive Foster City,CA 94404 Zurich American Insurance Company of IL 27855 Travelers Property Casualty Co of America 25674 274054137 C X 1,000,000 X 500,000 5,000 1,000,000 2,000,000 X CPO-7414724-00 2/2/2020 12/4/2020 2,000,000 No Ded C 1,000,000 X CPO-7414724-00 2/2/2020 12/4/2020 No Ded D X X 5,000,000ZUP-21P37869-20-NF 2/2/2020 12/4/2020 5,000,000 X 0 B X N Y CSWC036787 12/4/2019 12/4/2020 No Ded 1,000,000 1,000,000 1,000,000 A Professional Liability retro date:1/1/1991 Y PAAEP0008804 12/4/2019 12/4/2020 Each Claim Aggregate Deductible: $5,000,000 $5,000,000 $50,000 RE:Vallco Town Center City of Cupertino 10300 Torre Avenue Cupertino CA 95014 General Liability Supplemental Coverage Endorsement U-GL-1345-B CW (04/13) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add’l. Prem. Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A.Broadened Named Insured 1.The following is added to Section II – Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a.Is newly acquired or formed during the policy period; b.Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or c.Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2.The last paragraph of Section II – Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B.Newly Acquired or Formed Organizations as Named Insureds 1.Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. CPO-7414724-00 02/02/2020 12/04/2020 N/A N/A N/A U-GL-1345-B CW (04/13) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. The last paragraph of Section II – Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status – Employees Paragraph 2.a.(1) of Section II – Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer worker" is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co-"employees". As used in this provision, "employees" designated as a supervisor or higher in rank means only "employees" who are authorized by you to exercise direct or indirect supervision or control over "employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds – Lessees of Premises 1. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: U-GL-1345-B CW (04/13) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph D.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured – Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products-completed operations hazard": Section II – Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business: However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. U-GL-1345-B CW (04/13) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 3. With respect to the insurance afforded to the vendor under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph E.1. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured – Managers, Lessors or Governmental Entity 1. Section II – Who Is An Insured is amended to include as an insured any person or organization who is a manager, lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omission of those acting on your behalf; and resulting directly from: a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit; b. Ownership, maintenance, occupancy or use of premises by you; or c. Maintenance, operation or use by you of equipment leased to you by such person or organization. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply: a. Unless the written contract or written agreement has been executed, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury"; b. To any person or organization included as an insured under Paragraph 3. of Section II – Who Is An Insured; c. To any lessor of equipment if the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other interests from whom land has been leased by you; or (2) Managers or lessors of premises, if: (a) The "occurrence" or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b) The "bodily injury", "property damage" or "personal and advertising injury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph F.1. above (of this endorsement); or U-GL-1345-B CW (04/13) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III – Limits Of Insurance. 2. Paragraph 6. of Section III – Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "insured contract" definition under the Definitions Section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" arising out of the offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. I. Definition – Specific Perils The following definition is added to the Definitions Section: "Specific perils" means: a. Fire; b. Lightning; c. Explosion; U-GL-1345-B CW (04/13) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. Windstorm or hail; e. Smoke; f. Aircraft or vehicles; g. Vandalism; h. Weight of snow, ice or sleet; i. Leakage from fire extinguishing equipment, including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage – Personal and Advertising Injury 1. Exclusion e. of Section I – Coverage B – Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if: (a) The "personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; and (c) The "personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided: (i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same written contract or written agreement; and (ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section I – Supplementary Payments – Coverages A and B is replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3. The following is added to the paragraph directly following Paragraph 2.f. of Section I – Supplementary Payments – Coverages A and B: Notwithstanding the provisions of Paragraph 2.e.(2) of Section I – Coverage B – Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising injury" and will not reduce the limits of insurance. K. Supplementary Payments The following changes apply to Supplementary Payments – Coverages A and B: Paragraphs 1.b. and 1.d. are replaced by the following: U-GL-1345-B CW (04/13) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short-Term The paragraph directly following Paragraph (6) in Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III – Limits Of Insurance. 2. Elevator Property Damage a. The following is added to Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own, rent or occupy. b. The following is added to Section III – Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy is $25,000 per "occurrence". 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others at a jobsite. b. The following is added to Section III – Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence". M. Expected or Intended Injury or Damage Exclusion a. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. N. Definitions – Bodily Injury The "bodily injury" definition under the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death sustained by that person which results from that bodily injury, sickness or disease. O. Insured Status – Amateur Athletic Participants Section II – Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However, no such person is an insured for: a. "Bodily injury" to: (1) Your "employee", "volunteer worker" or any person you sponsor while participating in such amateur athletic activities; or U-GL-1345-B CW (04/13) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company) while participating in such amateur athletic activities; or b. "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by: (1) Your "employee", "volunteer worker" or any person you sponsor; or (2) You, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). P. Non-Owned Aircraft, Auto and Watercraft Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned in whole or in part by an insured; or (6) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". Q. Definitions – Leased Worker, Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the following: "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns in business or to meet seasonal or short- term workload conditions. "Temporary worker" does not include a "leased worker". 2. The following definition is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or U-GL-1345-B CW (04/13) Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Temporary help service. R. Definition – Mobile Equipment Paragraph f. of the "mobile equipment" definition under the Definitions Section is replaced by the following: f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds, are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. S. Definitions – Your Product and Your Work The "your product" and "your work" definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. "Your work": a. Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work, services or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. T. Priority Condition The following paragraph is added to Section III – Limits Of Insurance: U-GL-1345-B CW (04/13) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. In the event a claim is made or "suit" is brought against more than one insured seeking damages because of "bodily injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability com pany) or "employees"; and (c) Any other insured in any order that we choose. U. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV – Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to any insured listed under Paragraph 1. of Section II – Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees" of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge. In the event that an insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a. and 4.b.(1) of the Other Insurance Condition of Section IV – Commercial General Liability Conditions are replaced by the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is property insurance, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is property insurance purchased by you (including any deductible or self insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you (including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; U-GL-1345-B CW (04/13) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability; or (v) That is property insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rent or occupy. (b) Any other primary insurance (including any deductible or self insurance portion thereof) available to the insured covering liability for damages arising out of the premises, operations, products, work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. (c) Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV – Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a. Fail to disclose all hazards existing at the inception of this policy; or b. Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. X. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Commercial General Liability Conditions is replaced by the following: 8. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured's performance begins, or when it is signed, whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-1345-B CW (04/13) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Y. Liberalization Condition The following condition is added to Section IV – Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditions of this policy remain unchanged. Coverage Extension Endorsement U-CA-424-D CW (8/05) Page 1 of 3 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l. Prem Return Prem. CPO-7414724-00 02/02/2020 12/04/2020 N/A $ N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Broad Named Insured Amendment Subsidiaries and Newly Acquired or Formed Organizations With regards to this endorsement, the words "you" and "your" refer to the Named Insured shown in the Declarations. The Named Insured shown in the Declarations is amended to include: A. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the policy. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. B. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: 1. That is a partnership, joint venture or limited liability company; 2. That is an "insured" under any other policy; 3. That has exhausted its Limit of Insurance under any other policy; or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. 2. Amendment - Supplementary Payments Paragraphs A.2.a.(2) and A.2.a.(4) of Section II – Liability Coverage are replaced by the following: 2. Coverage Extensions a. Supplementary Payments In addition to the Limit of Insurance, we will pay for the "insured": (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-D CW (8/05) Page 2 of 3 3. Fellow Employee Paragraph B.5. Fellow Employee Exclusion of Section II – Liability Coverage does not apply if you have worker's compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. Lease Gap Coverage Section III – Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. 5. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". 6. Airbag Coverage The following is added to Paragraph B.3.a. of Section III – Physical Damage Coverage: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 7. Two or More Deductibles The following is added to Paragraph D. Deductible of Section III – Physical Damage Coverage: If an accident is covered both by this policy or coverage form and by another policy or coverage form issued to you by a Zurich Financial Services Group company, the following applies for each covered "auto" on a per vehicle basis: A. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; B. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. U-CA-424-D CW (8/05) Page 3 of 3 8. Amended Duties in the Event of Accident, Claim, Suit or Loss The requirement in A.2.a. Duties In The Event of Accident, Claim, Suit or Loss of Section IV – Business Auto Conditions that you must notify us of an "accident" applies only when the "accident" is known to: A. You, if you are an individual; B. A partner, if you are a partnership; C. A member, if you are a limited liability company; or D. An executive officer or insurance manager, if you are a corporation. 9. Unintentional Failure to Disclose Hazards The following is added to Paragraph B. General Conditions of Section IV – Business Auto Conditions: We will not deny coverage under this Coverage Form if you unintentionally: A. Fail to disclose any hazards existing at the inception date of your policy; or B. Make an error, omission, or improper description of autos or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. 12/04/2019 CSWC036787 PAAEP0008804 December 4, 2019 2nd amendment - CSG Consultants_final Final Audit Report 2020-06-05 Created:2020-06-01 By:Abby Ayende (AbigailA@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAuvrAVfEbbbX_bCMOoNHLe91CSSV8dMy3 "2nd amendment - CSG Consultants_final" History Document created by Abby Ayende (AbigailA@cupertino.org) 2020-06-01 - 8:58:52 PM GMT- IP address: 108.204.1.114 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-06-01 - 9:03:30 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-06-02 - 0:44:42 AM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Cyrus Kianpour (daveg@csgengr.com) for signature 2020-06-02 - 0:44:44 AM GMT Email viewed by Cyrus Kianpour (daveg@csgengr.com) 2020-06-02 - 1:01:29 AM GMT- IP address: 107.134.222.169 Document e-signed by Cyrus Kianpour (daveg@csgengr.com) Signature Date: 2020-06-02 - 3:02:20 PM GMT - Time Source: server- IP address: 107.134.222.169 Document emailed to Heather M. Minner (heatherm@cupertino.org) for signature 2020-06-02 - 3:02:22 PM GMT Email viewed by Heather M. Minner (heatherm@cupertino.org) 2020-06-05 - 9:07:21 PM GMT- IP address: 45.41.142.196 Document e-signed by Heather M. Minner (heatherm@cupertino.org) Signature Date: 2020-06-05 - 9:13:52 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2020-06-05 - 9:13:54 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2020-06-05 - 9:16:20 PM GMT- IP address: 104.47.46.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2020-06-05 - 9:16:30 PM GMT - Time Source: server- IP address: 24.130.171.172 Document emailed to Kirsten Squarcia 6/5/20 (kirstens@cupertino.org) for signature 2020-06-05 - 9:16:32 PM GMT Email viewed by Kirsten Squarcia 6/5/20 (kirstens@cupertino.org) 2020-06-05 - 9:18:00 PM GMT- IP address: 104.47.46.254 Document e-signed by Kirsten Squarcia 6/5/20 (kirstens@cupertino.org) Signature Date: 2020-06-05 - 9:18:24 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to cyrahc@cupertino.org, Kirsten Squarcia 6/5/20 (kirstens@cupertino.org), Heather M. Minner (heatherm@cupertino.org), Cyrus Kianpour (daveg@csgengr.com), and 3 more 2020-06-05 - 9:18:24 PM GMT i FIRST AMENDMENT TO A REEMENT 18-176 BETWEEN THE CITY OF CUPFRTINO AND SG CONSULTANTS FOR PLAN R1;Y[EW AT TANTAIJ 14 This First Amendment to Agreement 18-176 between the City of Cupertino and CSG Consultants,for reference dated July 9,2019, is by and between the CITY OF CUPERTINO,a municipal corporation(hereinafter"City")and, a Corporation, etc("Consultant")whose address is 550 Pilgrim Drive,Foster City, CA 94404 and is made with reference to the following: j I RECITALS: A. On 8/14/2018, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for plan review services. The agreement will expire on 6/30/2019. B. The Agreement and the First Amendment are collectively referred to as the "Agreement"unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW,THEREFORE, it is mutually agreed by and between and undersigned parties as follows: I. TERM Paragraph 3.1 of the Agreement is modified to read as follows.: This Agreement begins on the Effective Date and ends on June 30,2020("Contract Time"),unless terminated earlier as provided herein. Contractors' Services shall begin on September 10,2018 and shall be completed by June 30,2020. 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 performance of all the Services. Contractor must have a sufficient time,resources, and qualified staff to deliver the Services on time 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF C P RTINO CONSULTANT By By City Manager Title Nourdin Khaya a Vice President APPROVED AS TO FORM RECO E FOW /V��A By C a City Attorney Title yi 911L"rX (V 9 ATT ST: City Clerk i l I EXPENDITURE DISTRIBUTION PO #2019-313 100-73-715-900-923 Original $175,000 Amendment#1: Amendment#2: Total: $175,000 550 Pilgrim Drive Foster City,CA 94404 CSG phone 650.522.2500 fax 650.522.259999 CONSULTANTS s -k- www.csgengr.com July 9, 2019 Albert Salvador, PE,CBO Building Official 10300 Torre Avenue Cupertino,CA 95014 Re: Requested Extension to Agreement 18-176 for Plan Review at Tantau 14 Dear Mr.Salvador: CSG Consultants,Inc.(CSG) is pleased to present this proposal for to continue providing professional building plan check services to the City of Cupertino(City)for the Apple Tantau 14 project(Project). On August 14, 2018 the City and CSG entered into a Professional/Consulting Services Agreement (Agreement)for plan review services for the Project.The Agreement has an expiration date of June 30, 2019.The intent of this letter is to request for an amendment to the Agreement to extend the term through June 30,2020, in the event the City wishes to utilize CSG to provide additional plan review services for the Project. Shweta Prakash will continue to serve as the Project Manager for this Agreement. Her contact information is as follows: Shweta Prakash, P.E. 550 Pilgrim Drive, Foster City, CA 94404 office(650) 522-2503 1 email:shwetap@csgengr.com Please feel free to contact Ms. Prakash with any questions or comments you may have regarding our proposal.We look forward to continuing our working relationship with the City. Sincere , Cy—ru�—S ianpour, PE, PLS President,CSG Consultants, Inc. EXHIBIT D 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 I. 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 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 ordisease. O 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 it 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 i j 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 form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10(1 1/85) 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 ofpremiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, orbetter. 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. Eeh. D-Insurance Requirements for Design Professionals& Consultants Contracts Form Updated Feb. 2018 2 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.-/ 1 12/4/2018 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 CONTACT Arthur J. Gallagher & Co. NAME:PHONE FAX -- Insurance Brokers of CA, Inc. LIC#0726293 rAtc No Ext:415-536-8617 (Arc No):415-536-8627 EMAIL — 1255 Battery Street, Suite 450 ADDRESS: certre_quests@@jg.com San Francisco CA 94111 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:American Fire and Casualty Company 24066 INSURED CSGCONS-01 INSURER B:Arch Insurance Company 11150 CSG Consultants, Inc., Precision Inspection Company, Inc. INsuRERc:West American Insurance Company 44393 550 Pilgrim Drive INSURERD: Berkshire Hathaway Homestate Insurance Company 20044 Foster City CA 94404 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:1729603892 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 ADDL SUER POLICY EFF POLICY EXP - LTR NSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYYI LIMITS C X COMMERCIAL GENERAL LIABILITY Y BKW57695795 12/4/2018 12/4/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR D ABM GE�TORENTED PREMISES(Ea occurrence) $500,000 MED EXP(Any one person) $5,000 _PERSONA_L&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PPOLICY❑ PRO-JECT U LOC _PRODUCTS-COMP/OP AGG $2.000,000 I� -------- OTHER: No Ded $ A AUTOMOBILE LIABILITY Y BAA57695795 12/4/2018 12/4/2019 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ OWNED i—^I SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIREDI NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY _(Per accident) $ No Ded $ A X UMBRELLA LIAR X OCCUR USA57695795 12/4/2018 12/4/2019 EACH OCCURRENCE $5.000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000.000 DED X I RETENTIO D WORKERS COMPENSATION Y CSWC929198 12/4/2018 12/4/2019 X STATUTE ORH _ NO Ded AND EMPLOYERS'LIABILITY YIN "----" '— - ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000.000 OFFICER/MEMBER EXCLUDED? a N I 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 B Professional Liability PAAEP0008803 12/412 111 12/4/2019 Each Claim $5,000,000 relro dale: 1/1/1991 Aggregate $5,000,000 Deductible $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City, its City Council,boards and commissions,officers, employees and volunteers are named as additional insured as respects General,Auto,and Umbrella Liability pollcy(ies)per attached endorsements,pursuant to and subject to the policy's terms,definitions,conditions and exclusions.Waiver of Subrogation applies to additional insureds,as respects General,Auto Liability policy(s)per attached endorsements, pursuant to and subject to the policy's terms,definitions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy#: BKW57695795 CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY• ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 3 ADDITIONAL INSUREDS-BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED- FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission, Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A - Bodily Injury And Property Damage Liability, Subparagraph(2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j, Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance; The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A- Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. n 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage)- Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 1. Under Supplementary Payments-Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS- BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquess, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to i!s intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or Organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2.. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. p 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I- Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (2) Supervisory, inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural,engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III -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: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less, This endorsement shall not increase the applicable Limits of Insurance shown in the declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 Of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1, The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS!MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury (a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you, Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Libefty Mutual Insurance advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your"employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there Is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE,OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense,Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective i n your state. 0. BODILY INJURY REDEFINED Under Section V-Definitions,Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 I P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 0. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED 1N A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual:nsurance CG 88 10 04 13 includes copyrighted mawfial of Insurance Services Office, Inc.,with its permission. Page 8 of 8 Policy #: BKW57695795 COMMERCIAL GENERAL LIABILITY CG 89 70 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization notice of cancellation we agree to the following: Provide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting notice of cancellation is insufficient to invoke our duty to provide notice of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any i insured. 1 I i I i i © 2013 Liberty Mutual Insurance CG 89 70 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 Policy BAA57695795 COMMERCIAL AUTO CA88100113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1Nith respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUI f OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE —BROADENED COVERAGE 10 GLASS REPAIR— WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 1 IIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE —ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS q TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II — LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION 11 — LIABILITY COVERAGE, paragraph A.1 —WHO IS AN INSURED is amended to include the following as an insured d. Any legally incorporated entity of which YOU own more than 50 percent of the voting stock during the policy period, However, "insured" does not include any organization that (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy Paragraph d. (2) of this provision does not apply to a policy written to apply specifically In excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation However, coverage Linder this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance services Office, Inc.,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". g An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured'. However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property darnage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you;and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: I (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of i an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings t.lp to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: ' SECTION II- LIABILITY, exclusion B 5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III- PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7 i b. Your employee" hires or rents under a written contract or agreement in that "employee's" name, but only If the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one "accident"or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of Use of the hired "auto" If it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto" that is hired, rented or borrowed with a driver, or (2) Any"auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value 7. TOWING AND LABOR SEC-1 ION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay (owing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck' is disabled. a. For private passenger type vehicles, we will pay up to $50 per disablement. b For "light trucks", we will pay up to S50 per disablement "Light trucks" are trucks that have a gross vehicle weight (GVW)of 10,000 pounds or less. C. For "medium It , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4 a , Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 Q)2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to S75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or"loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than S75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following. If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects" stolen with the "auto " The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment,jewelry, money or securities. 12, ACCIDENTAL AIRBAG DEPLOYMENT SECTION III —PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the Following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for"loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag Any Insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c and 4A. is deleted and replaced with the following U 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes cupyriyhled rnalenul of Insuwunce Services office, Inc.,with ifs Nairnuswr'. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto",or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a 5100 deductible. 14. LOAN I LEASE GAP COVERAGE A Paragraph C , LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" Is subject at the time of the"loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c_ Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any tlnrepaired damage which occurred prior to the "total loss" of a covered"auto", g Security deposits not refunded by a lessor, j h All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered"auto" that incurred the loss C SECTION V— DEFINTIONS is changed by adding the following. As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment- 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 7 i 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following No deductible applies to glass darnaye if the ylass is repaired tither than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to cany while it is a. In the charge of an "insured", b. Legally parked, and C. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered `auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph U. Deductible a. If the applicable Business Auto deductible is the smaller(or smallest) deductible it will be waived, or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible, or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV— BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph 6.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following a. In the event of"accident", claim, "suit" or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual, 2. A partner, if you are a partnership, 1 Member, if you are a limited liability company, 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,v,1111 its pen„ission. Page 6 of 7 i To the extent possible, notice to us should include (1) How, when and where the "accident" or "loss" took place, (2) The "insureds" name and address, and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following. If the person or organization has waived those rights before an "accident"or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SEC I ION IV — BUSINESS AU 10 CONDI I IONS, paragraph B.7., Policy Period, Coverage I erritory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "still', on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V— DEFINITIONS is amended as follows: 22, BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C is replaced by the following "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation This provision does not apply in those states which require more than 60 days prior notice of cancellation. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,v;ith its permission. Page 7 of 7 POLICY NUMBER: BAA57695795 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Effective Date: 12/4/2018 Named Insured CSG Consultants, Inc.: Precision Inspection-CSG SCHEDULE Name of Person(s)or Organization(s) as required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applivable to the endursernent.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ Policy BAA57695795 COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Schedule Name of Person(s) or Organ ization(s): Any entity with respect to a covered °auto" provided that you and such entity have agreed in a written contract, agreement, or permit to add such entity as an "insured Regarding Designated Contract or Project: N/A Each person or organization shown in the Schedule of this endorsement is an"insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. 2013 Liberty Mutual Insurance.All rights reserved CA 88 66 05 13 Includes copyrighted material of Insurance Services Office, Inc..with its permission. Page 1 of 1 POlicy# I BAA57695795 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the policy apply unless modified by this endorsement Any term or provision of the Cancellation Conditions of the policy or any endorsement emending or replacing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization notice of cancellation we agree to the following: a. Provide a 30 days prior written cancellation notice to such persons or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. As a condition of this endorsement, you must notify your agent of any written contract or agreement where you have agreed to provide notice of cancellation, other than nonpayment of premium, to a specific person or organization. Failure to provide to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. i i i I i CA 88 76 03 14 ©2013 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc..with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver— Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 2935.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/4I2018 Policy No. CSWC929198 Endorsement No. Insured CSG Consultants, Inc. Premium$ Insurance Company Berkshire Hathaway Homestate Ins Co WC 99 04 10B (Ed. 9-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION - CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: 7 Policy Numuei, PAAEP0008803 Named Insured: CSG Consultants, Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: December 4, 2016 00 ML0087 00 11 10 Page 1 of 1 CITY OF PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of August 14, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and CSG CONSULTANTS ("Contractor"), a corporation for plan review services for Apple Tantau 14 2. SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2019 ("Contrac ess to urinated earlier as provided herein. Contractor's Services shall begin u 8 and shall be completed by June 30, 2019 ere_ 4 CO3ti`,,'- C 0 v 'u� 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the /L Q✓fo Schedule of Performance, attached and incorporated here Exhibit B. 9�t1/2 _ 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time,resources, and qualified staff to deliver the Services on time. 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 $ 175,000 ("Contract Price"),based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty(30) days of completion of Services,Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. Project APPLE TANTAU 14 Page 1 of 8 Professional/Consulting Contracts/version:May 22,2018 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits,worker's compensation or other benefits from the City. 5.2 Contractor's Qualifications.Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses.Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License. 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 INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work,in any medium(collectively,"Work Product"),prepared by Contractor in connection with this Agreement will be the exclusive property of the City 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. Project APPLE TANTAU 14 Page 2 of 8 Professional/Consulting Contracts/Version:Mqv 22,2018 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked,or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product,on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four 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. 10. PUBLICITY/SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter,will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers,press releases,posters,brochures,public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract,without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold Project APPLE TANTAU 14 Page 3 of 8 Professional/Consulting Contracts Version:Ala),22,2018 harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infiingement 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 thud-party 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 D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. Project APPLE TANTAU 14 Page 4 of 8 Professional/Consulting Contracts/Version:Ma),22,2018 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 creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS)or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee,or any other person,by Contractor or its employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest.Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Phuong Devries as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Michael Loomis as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be Project APPLE TANTAU 14 Page 5 of 8 Professional/Consulting Contracts/Version:May 22,2018 given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing,the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises,Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal,or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto,the text of the main Agreement shall prevail. Project APPLE TANTAU 14 Page 6 of 8 Professional/Consulting Contracts/Version:Mcn,22,2018 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 part of the Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to early out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino To Contractor: CSG Consultants 10300 Torre Ave.,Cupertino CA 95014 550 Pilgrim Drive Foster City,CA 94404 Attention:Phuong Devries Attention: Michael Loomis Email: phuongd@cupertino.org Email:michaelloomis@csgengr.com 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. Project APPLE TANTAU 14 Page 7 of 8 Professional/Consulting Contracts Me Sion:May 22,2018 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 lie 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 CITY OF CUPERTINO CSG Consultants,Inc. A Municipal Corporation a California Corpora o❑ By By V q,&"VI�c Name Cyrus an i,r,PE,PLS Name Title President Title Building Official Date 8/16/I8 Date V I Tax I.D.No.:9.1-2053749 i A P 71) ROC'IQV. F ER.RO Cupertino Acting City Attorney 'q ✓-P-- 5 u , 6 g o 3 6), 2-0 e1 ATTEST: GRACE SCHMIDT City Clerk Project APPLE TANTAU 14 Page 8 ol`8 Professional/ConsuNiagContracts/I ersiori:j11ap 22,2018 PROPOSAL TO THE City of Cupertino FOR Building Plan Review Services Apple Campus 2 Tantau 14 PREPARED BY CSG Consultants, Inc. August 15, 2018 550 Pilgrim Drive, Foster City, CA 94404 CSG phone 650.522.2500 1 fax 650.522.2599 1 www.csgengr.com CONSULTANTS Foster City• Pleasanton•San Jose• Sacramento • Newman• Orange • Redlands Cover Letter August 15, 2018 Albert Salvador,PE, CBO Building Official 10300 Torre Avenue Cupertino, CA 95014 Re: Building Plan Review Services for Apple Tantau 14 Dear Mr.Salvador: CSG Consultants, Inc. (CSG) is pleased to present this proposal for building plan review services to the City of Cupertino(City). Our firm brings specialized inspection expertise, proximity to the job site, knowledgeable and experienced staff, and a strong familiarity with the Apple Campus 2 project through our building plan review services. We understand the City is seeking a consulting firm(s)to provide building plan review services for the Apple Campus 2 Tantau 14 project for the period July 1, 2018 to June 30, 2019. CSG can readily provide these requested services. This contract will be for not-to-exceed amount of$175,000. Our firm brings specialized expertise, proximity, highly experienced personnel,and an existing successful working relationship with the City. All CSG staff are registered and/or[CC certified,with additional qualifications including LEED, DSA, and CASp experience and certification. Our servicing offices are in San Jose and Foster City and, when requested,we can easily be available for meetings at City Hall. Michael Loomis,SE,CBO, CASp, LEED AP,will serve as the primary contact and project managerfor this contract. His contact information is as follows: Michael Loomis,SE,CBO,CASp,LEED AP,Project Manager phone(650)522-2518 1 cell (650) 696-0654 michaelloomis@csgengr.com A proposed scope of work and our fees are provided on the following pages for the City's review. Please feel free to contact Mr. Loomis with any questions or comments you may have regarding our proposal or if you require additional information regarding CSG's capabilities and qualifications. We look forward to the opportunity to provide plan review services to the City of Cupertino for the Tantau 14 project. Sincerely, Doug Rider, CBO Building Division Manager, CSG Consultants, Inc. CSG CONSULTANTS 550 Pilgrim Drive,Foster City, CA 94404 Phone(650)522-2500 1 Fax (650)522-2599 1 www.csgengr.com F, V:j"_�,_­�'_­ ` --: PROJECT UNDERSTANDING CSG proposes to provide plan review services for Tantau 14—the last building to be constructed under the Apple Campus 2 Phase 2 Project—which will sit at the intersection of North Tantau Avenue and Pruneridge Avenue. It is a mixed-use building consisting of business and assembly occupancies above grade and an underground parking structure. APPROACH TO WORK CSG's proposed team has been identified to best support the City of Cupertino and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures,efficient and effective customer care,and application of code compliance combined with innovative solutions and helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent,strong technical foundation to all projects. From cutting edge digital plan review and online plan check status reporting to providing faster-tha n-scheduled turnaround times, CSG will deliver the highest quality services to the City. Our approach to work and associated key benefits include: P Concentrated focus on cost-saving approaches and methods. Because we serve numerous municipalities and public agencies,we are constantly improving and adapting to provide our clients with the most cost-effective services. P Customized,responsive services. We are skilled at assessing time commitments,developing an accurate work plan and applying dedicated, professional personnel.We can quickly fine-tune staffing levels to match or adjust to changes in plan review, inspection and front counter activity.We hand pickstaff uniquely qualified and experienced to deliver the exact services requested. A wealth of fully committed and qualified personnel. We maintain staff fully licensed and certified at the highest level of industry standards. To keep our personnel on the industry's leading edge, many serve as popular educational instructors and lecturers as well as sit on leading boards and committees for organizations developing and implementing important code regulations. We also keep up with latest in procedures and use of products,e.g.,green building, accessibility, CASp certification requirements, NPDES, MRP, and more. Rapid turnarounds and expedited services.With extensive experience in the digital plan review process combined with extensive code application experience,our staff excels at providing prompt turnarounds.We easily match and more often beat any required turnaround deadlines. P Leading-edge technology with cost-saving solutions. CSG delivers a suite of digital options for jurisdictions—speedy digital plan reviews including electronic versions of plan comments, an optional, easy-to-use online web application/portal for submittal,tracking and approval of digital plans; and available full scanning and archival services. P Environmentally friendly practices.Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint,and promotes environmental stewardship through environmentally preferable purchasing and other sustainability actions. Our digital plan review system encourages the bypass of paper use, and all possible documents at CSG are printed double-sided on recycled,post-consumer content paper. CSG CONSULTANTS CATY{;F C.i.T'2tBTi^.i;:i BUILDING PLAN REVIEW Compliance Standards Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge prompt turnaround times and offer _ comprehensive online status reports. Our plan reviewers carefully review all documents for compliance with building codes,fire ^�.� codes, energy conservation standards,State accessibility regulations, and all local ordinances. We understand and will comply with the City's own requirements for plan review services. Our engineers and plan reviewers review plans for compliance with all policy and model codes adopted by the State of California and local jurisdiction, including but not limited to: P California Building Code, Volumes 1 and 2 0 California Residential Code o California Electrical Code California Plumbing Code P California Mechanical Code P California Fire Code e National Fire Codes as published by the National Fire Protection Association (NFPA);as adopted and referenced by the State of California(California Code of Regulations, Title-19, Section 1.09) e State Historical Building Code California Energy Code California Green Building Code NPDES/WQMP/SWPPP Compliance P Local adopted ordinances and amendments relative to building,fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, regulating agencies, and jurisdictions CASp Review Services We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and ""---r interpretations. Our CASp certified staff members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. In accordance with current regulations, CSG can supply a CASp certified professional to review plans for accessibility and to facilitate compliance with regulations. - ------- OSHPD 3 Reviews Our staff of professional engineers and certified plans examiners is experienced with the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies. CSG can also provide certified OSHPD Inspectors of Record for a variety of different projects upon request. Green Building and LEED Certification Our Building Division staff is experienced in plan review and inspection for compliance with CALGreen, LEED equivalency,and local green building ordinances. In addition, CSG Consultants has all of the CSG..'.LTANTS c IVY C F CUPE RTINt'.1 qualifications necessary to assist the City in both the development of policy and the implementation of green and sustainable building practices. CSG's Sustainability Programs division can assist,for example, with construction and demolition debris recycling programs as well as public outreach to the building industry. Digital Plan Check CSG began the transition to digital plan review over 18 years ago, leading the consultant field with this ground-breaking service.All paper plans submitted to CSG are immediately scanned into digital -7. --< - files and stored on CSG's servers for quick and easy access by both our clients and our plan reviewers. Our plan reviewers furnish electronic versions of their plan comments conforming to each client's established correction list templates. Any additional forms utilized by the City for alternative methods of construction and/or deviations from requirements, such as disabled access,will be incorporated into the correction comments and returned with the appropriate recommendations. Plan check comments can be delivered electronically by email or other City approved means, enabling City staff to immediately modify CSG's checklist for incorporation with other department comments. Upon request,clients can be provided with a set of digitally scanned plans at no cost, including convenient, "green" (paperless) storage of all construction-related documents. In addition,for jurisdictions requesting a pure digital plan review workflow, CSG has developed an online application for an applicant to submit digital files directly to us,which includes a portal for the applicant/jurisdiction to retrieve comments and submitted digital files with marked up plans including redlines.This online portal tracks all submittals, including re-submittals until the plans have been approved. Key features of our digital plan review service include: P Efficient. Plans are pushed to plan review staff the same day they are submitted. There is no "bin time." User-friendly. CSG developed its own web-based portal to manage the electronic file submittal process. By using a web interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex FTP settings. Proven. We have provided a digital plan review option to our clients for over 18 years. Non-Proprietary. CSG's electronic review process is 100% PDF-based with no additional software required to view redlines. 0 Extensible.Should the City decide to implement electronic review as a standard, CSG offers an integration path for our electronic review software—Green Vue Fusion. Online Plan Check Status CSG offers a convenient service allowing clients to check plan review status CSG and comments online. By logging in to our Plan Check Status website,staff as well as authorized applicants can view each project document and `SG Plan Check System communicate with the plan checker via e-mail or electronic post-a-note.Staff or authorized applicants can download comments from the web upon completion of the plan check. There is no additional cost for this service. CSG CONSULTANTS EXHIBIT B Plans Pickup and Delivery CSG will arrange for pickup and delivery of plans from/to City offices.The pickup and delivery of plans and other materials via CSG staff or an approved alternative service is provided at no additional cost. Plan Check Turnaround Times CSG works hard to provide the best quality and most timely service in the industry.We pride ourselves in maintaining the requested plan review times for all our clients—even delivering faster than our own deadlines. Our goal is to approve code-complying projects and to successfully and quickly move work through jurisdictional processes. CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner.The following are CSG's proposed plan check turnaround times. INITIAL REVIEW RE-CHECK TYPE OF DAYS) Complete building plan review submittal 10 5 _._ __.......... ............... Deferred submittals, revisions,addendums, and RFIs 5 5 *Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, CSG will notify the City's representative and negotiate additional time required to ensure an appropriate level of review. Expedited Plan Check CSG completes initial accelerated plan check within 5 working days. Rechecks are completed in less time.At your request,we can perform plan check services within an accelerated time frame; with fees negotiated between the City,and CSG. Quality Assurance/Quality Control CSG's in-house quality assurance/quality control program utilizes a peer review process with multi-level internal plan checking and project management. A senior staff member will review all plan check comments in order to ensure relevance and accuracy. CSG CONSULTANTS ....1.iPF.RTI IN,D AVAILABILITY AND CUSTOMER SERVICE One of CSG's key functions is to serve as an extension of the City of Cupertino. We clearly understand the importance of our role in the success of the City and commit to providing its citizens and business partners—residents, architects, engineers,developers,contractors—as well as City staff,the highest level of service.We believe effective communication and excellent customer service are essential to continuing a successful working relationship between the City,CSG, and the development community. Office Hours and Meeting Availability CSG staff plan checkers are available for applicant inquiries or conferences anytime during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. For your convenience, we can also meet with City staff,architects and applicants.We recognize the value of pre- design consultation with prospective applicants and are available to provide this service as well. Our Project Manager/Lead will be available in person for consultation and meetings with a reasonable lead time. Response to City Questions or Requests CSG staff can typically respond to the City for all questions or requests generated during field inspections or any plan review during the same day, but no later than the following day a request is received. Emergency Response CSG is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted in emergencies such as the recent San Bruno gas explosion,the Northridge, and Loma Prieta earthquake as well as regional floods,fires and other emergencies.Our personnel's certifications include those obtained through FEMA, Office of Emergency Services(DES), and IACET First Responder. CSG CONSULTANTS vl'e TEAM MANAGEMENT & STRUCTURE CSG proposes the following organizational structure for this project. Michael Loomis SE,CBO,CASp, LEED AP will serve as the primary contact for this project. Mr. Loomis will serve as the liaison between City departments/staff and CSG team,will allocate appropriate levels of plan review resources, and will ensure that plan review work is comprehensive and thorough and meets the City's deadlines. No subconsultants will be used for this project. CITY OF CUPERTINO Michael Loomis,SE,CBO,CASp,LEED AP Project Manager/Primary Contact BUILDING Michael Loomis,SE,CBO,CASp,LEED AP Farzam Tondnevis,PE Principal Structural Engineer Associate Plan Check Engineer 1 Jim Kirkman,CBO Rajesh Vangala,CBO,CASp j Principal Plans Examiner Principal Plans Examiner Phiroze Wadia,SE, LEED AP Kit Wong Principal Structural Engineer Principal Plans Examiner II Shweta Prakash,PE,CBO David Nesbet,PE Senior Plan Check Engineer Senior Plan Check Engineer Sayaka Yaniane,PE,CBO,LEED AP Linh Tran,PE Senior Plan Check Engineer Associate Plan Check Engineer Bounmy Soumountha,SE,CBO Helen Chiu,EIT Senior Structural Engineer Associate Plan Check Engineer J CSG 00NSUI.T,;1Nr.$ ...ai.;S"RL...... COMMITMENT TO EXCELLENCE We encourage staff to participate in and contribute to the many associations important to our industry. Knowing technical excellence and proficiency is vital to successful public service,attending update seminars, specialized training classes and continuing certification conferences is an integral part of delivering "best-in-the-business"service to our clients. Many of our staff hold or have held key positions within the groups listed below and server as in-demand instructors and trainers. League of California Cities California Building Officials ' + International Code Council ICC Chapters of Monterey, East Bay, Peninsula, Napa-Solono,Sacramento Valley, Yosemite, Shasta Cascade, Los Angeles Basin, Coachella, MEMBER Orange Empire, Foothill, Redwood Empire, �AN Central Coast Ott P County Building Officials Association of is 1 CAL BO 1.F1.1 my,ki. California COMCANC"FF` California Fire Chiefs Association Northern California Fire Prevention Officers P Southern California Fire Prevention Officers c ' National Fire Protection Association y - P California Automatic Fire Alarm Association ® American Fire Sprinkler Association I��//� y National Fire Sprinkler AssociationLdl�LJ. P American Public Works Association P Institute of Transportation Engineers Structural Engineers Association of Northern California P Structural Engineers Association of Southern California P Certified Access Specialist Institute (CASI) CSG CONSULTANTS CITY '....!sI UPTIN-:i TEAM QUALIFICATIONS We take pride in providing staff members who have a variety of project experiences,who are motivated to achieve the highest level of certification,and who have the experience and customer service skills that are crucial to on-the-job success. All CSG plan reviewers are certified and/or possess additional required certifications. In addition,they routinely update their knowledge and skills through specialized training classes and seminars in approved and modern methods and materials,as well as the most current building standards. We work hard to match your jurisdiction's level of safety and code compliance. The table below illustrates the breadth and depth of staff available for this contract. TEAM MEMBER CREDENTIALS LICENSE Michael Loomis,SE,PE,CBO,CASp, Professional Civil Engineer,State of California 60787 LEED AP Professional Structural Engineer,State of California 4824 Principal Structural Engineer Certified Access Specialist(CASp),DSA 099 LEED Accredited Professional Certified Building Official,ICC 8261448 California Building Plans Examiner,ICC 8261448 California Commercial Building Inspector, ICC 8261448 California Commercial Plumbing Inspector,ICC 8261448 California Residential Building Inspector,ICC 8261448 California Residential Plumbing Inspector,ICC 8261448 Certified Accessibility Inspector/Plans Examiner IBC,ICC 8261448 Certified CALGreen Plans Examiner,ICC 8261448 Jim Kirkman,CBO Certified Building Official 853639 Principal Plans Examiner Certified Plans Examiner 853639 Certified Combination Inspector 853639 Certified Combination Inspector-Legacy 853639 Certified Mechanical Inspector 853639 Certified Mechanical Inspector UMC 853639 Certified Plumbing Inspector 853639 Certified Building Inspector 853639 Certified Electrical Inspector 853639 Safety Assessment Program SAP 853639 General Building Contra ctorSupervisory Development Series I& 61019 IlCode Enforcement PC 832 Phiroze Wadia,SE,LEED AP Professional Structural Engineer,State of California 2020 Principal Structural Engineer Professional Civil Engineer,State of California 20042 Professional General Building Contractor,State of California 502918 California Building Plans Examiner,ICC LEED Accredited Professional Shweta Prakash,PE,CBO Professional Civil Engineer,State of California 79808 Senior Plan Check Engineer Certified Building Plans Examiner,ICC 8014122 Certified Building Official,ICC Sayaka Yamane,PE,CBO,LEED AP Professional Civil Engineer,State of California 78195 Senior Plan Check Engineer Certified Building Plans Examiner,ICC 5303943 LEED Accredited Professional Certified Building Official,ICC 8325563 Bounmy Soumountha,SE,CBO Professional Engineer,State of California 32213 Senior Structural Engineer Structural Engineer,State of California 3062 Farzam Tondnevis,PE Professional Civil Engineer,State of California 82602 Plan Check Engineer ATC-20/S.A.P.Certified V V G GON$ULTANTS CITY C.-F l_:.;f'F.PTIN PLAo-I REVI yN'S,.f!, ...... CREDENTIALS LICENSE Rajesh Vangala,CBO,CASp Certified Building Plans Examiner, ICC 8166142 Principal Plans Examiner Certified Building Official, ICC 8166142 California Energy Code Compliance for Non-Residential Projects Certified Accessibility Specialist 711 Kit Wong Certified Building Plans Examiner, ICC 5300662 Principal Plans Examiner Certificate of Completion "Fire&Life Safety Plan Review'(DSA) David Nesbet,PE Professional Civil Engineer,State of California 72981 Senior Plan Check Engineer ATC-20 Certified for Post-Disaster Evacuation ............. .. Linh Tran,PE Professional Civil Engineer,State of California 85451 Associate Plan Check Engineer Certified Building Plans Examiner, ICC 8297568 Helen Chiu,EIT Certified Building Plans Examiner, ICC 8213824 Associate Plan Check Engineer Engineer in Training CSGCONSULTANTS GSGMichael Loomis SE, CBO, CASp, LEED AP CONSULTANTS Principal Structural Engineer LICENSES& Mr.Loomis offers CSG's clients expertise gained from over 20 years of professional CERTIFICATIONS experience in the building industry. Mr. Loomis' demonstrated knowledge of California Professional Engineer, and International Building Codes are reflected in his roles as both an adjunct lecturer at State of California 1 60787 Santa Clara University and as a Principal Structural Engineer for CSG. He has also served as Professional Structural Engineer, a peer reviewer for OSHPD and DSA projects. State of California 14824 Mr.Loomis serves in a supervisory role in CGS's plan check division, managing and acting Certified Access Specialist(CASp) 1 099 as a mentor to CGS's growing team of engineers and technical staff on a wide variety of Certified Building Official 18000164 projects throughout California. He provides consultation to local jurisdictions regarding LEED Accredited Professional structural, accessibility and green building compliance and has worked in-house for Certified California Building Plans jurisdictions providing plan review, building inspection, over the counter plan review and Examiner 1 ICC 8000164-16 Building Official services. Mr. Loomis' expertise includes review of complex commercial, CALGreen Plans Examiner 1 industrial and residential structures for compliance with applicable building codes and ICC8000164CX ordinances,engineering standards and specifications,supplemental energy requirements, California Commercial Building and accessibility regulations. Inspector 1 ICC 8000164-11 RELEVANT EXPERIENCE California Residential Building Inspector I ICC 8000164-J1 Apple Campus II 1 City of Cupertino,CA ICC Certified Accessibility Inspector Plan review for 14 new buildings at the new Apple Campus.Worked closely with architects, /Plans Examiner 1 ICC 8000164-J1 engineers,owner's representatives, contractors and the city to ensure project LEED Accredited Professional success. Provided expert code interpretations,assessed alternate materials requests, SAP Structural 1 69022 reviewed RFIs and revisions through all phases of the project. Gilead Sciences,Inc. 1 City of Foster City,CA EDUCATION Performed plan review for five H and B occupancy biotech buildings, including a 10-story office Master of Science,Civil Engineering building. Project included challenging occupancy and separations,as well as adverse soil Santa Clara University I Santa Clara,CA conditions. Bachelor of Science,Civil Engineering Santa Clara University 1 Santa Clara,CA Santa Cruz Warriors Arena I City of Santa Cruz,CA New 3,000 seat basketball arena with associated restrooms,locker rooms and concessions. PROFESSIONAL 160 Jewell I City of Santa Cruz,CA AFFILIATIONS Plan review and inspection for 33,000 square foot, memory care facility. The two-story wood- Santa Clara University framed building includes 51 studio units and large,common areas. Included review of Timber Design I Adjunct lecturer alternative methods for access compliance based on the nature of the facility and the needs of Earthquake Engineering 1 the residents. Adjunct lecturer Strength of Materials I Adjunct lecturer JURISDICTIONAL EXPERIENCE County of Amador I CASp presentation Residential/Commercial Building Inspector to small business owners Towns/Cities of Atherton, Brisbane, Half Moon Bay, Los Altos Hills, Pacifica,Sausalito, Monte ICC/Peninsula Chapter I Structural Sereno, and SLAC Linear Accelerator Laboratory Provisions of the 2010 California In House Plan Review Residential Code Towns/Cities of Atherton,Santa Cruz,Salinas,San Jose,and SLAC National Accelerator Laboratory Over the Counter Plan Review Towns/Cities of Atherton, Belmont, Pacifica,Santa Cruz,Sausalito,Woodside Building Official/Interim Building Official Towns/Cities of Woodside(BO),Atherton (Interim BO), Pacifica(interim BO) CASp Inspection/Consultation Santa Cruz,Watsonville,and Seaside CSG Ph i r o z e W a d i a S E, L E E D AP CONSULTANTS Principal Structural Engineer LICENSES& M r.Wadia is a plan review engineer for CSG.He has over 40 years of experience in plan CERTIFICATIONS review,design and construction of residential, commercial,industrial and civil engineering Professional Structural Engineer projects. Mr.Wadia has expertise in the delivery of a wide range of municipal services, State of California 1 2020 including: Professional Civil Engineer • Plan review State of California 1 20042 • Encroachment permit application review including grading,structural, drainage Professional General Building Contractor State of California I and erosion control permits 5021918 • Code enforcement LEED Accredited Professional • Enhancing and developing new and existing City ordinances • Supervising renovation, rehabilitation and restoration of bridges EDUCATION • Inspecting buildings and structures for structural integrity and condition M.S.C.E,Structures and Soil Mechanics a Investigating structural failures and inspecting repairs University of Illinois I Urbana,II M.B.A,Management RELEVANT EXPERIENCE Golden Gate University I Mr.Wadia's range of expertise has evolved as a result of the successful completion of a variety San Francisco,CA of projects including: i ROFESSIDNIAL • 24 commercial buildings • 3 war damaged re-construction • 60 residential wood frame buildings projects AFFILIATIONS i`ti a 32 seismic inspections,evaluations& • 8 petrochemical plants American Society of Civil Engineerss retrofits • 10 nuclear/power plants Structural Engineers Association a 3 bridge and over-crossings projects • 8 research projects of California • g post-earthquake damage assessments • 5 transportation projects Earthquake Engineering • 9 offshore, modular&Arctic projects • 2 telecommunications projects Research Institute • 4 space&defense projects Applied Technology Committee International Code Council Plan Review Engineer I Consultant to City of Larkspur,City of Sausalito,Town of Ross,Town of San Anselmo,CA As Consultant to the abovementioned agencies in Marin County, Mr.Wadia performed a variety of services including plan and encroachment permit application review,inspection, code enforcement,and enhancing and developing existing and new city ordinances. Associate I Skidmore,Owings&Merrill,San Francisco,CA As an Associate at a San Francisco architectural and engineering firm, Mr.Wadia worked closely with multidisciplinary teams on building designs from concept through construction. He led structural engineering projects including high-rise office buildings,schools and colleges, hotels, sports stadiums,theaters, retirement communities,and shopping centers. Mr.Wadia also performed seismic inspections,evaluations, and retrofits of existing facilities. Chief Engineer I Bechtel,San Francisco,CA As Chief Engineer of Bechtel,Mr.Wadia was responsible for leading a group of over 200 technical personnel including architects,structural engineers,civil engineers and designers. His work included establishing standards,reviewing technical quality, recruiting, and establishing training programs. His projects included bridges and industrial and mining facilities such refineries,oil fields, LNG plants, chemical waste treatment plants,offshore construction,modularized construction,arctic and extreme hot weather construction,space launch facilities, solar and geothermal power plants,and nuclear facilities. 4 Shweta Prakash PE, CBO CSG CONSULTANTS Senior Plan Check Engineer LICENSES&c As a Senior Plan Check Engineer, Ms. Prakash reviews plans for all types of construction CERTIFICATIONS including, building, electrical, plumbing,and mechanical systems for both commercial and Professional Civil Engineer residential structures.She has conducted review of master plans, new construction, State of California 1 79808 tenant improvements, single family residences, and commercial developments.She has a Certified Building Plans Examiner thorough understanding of Green Building and Energy Code regulations and has extensive ICC Certified I ICC 8014122 experience in the review of photovoltaic systems. Certified Building Official Ms. Prakash is knowledgeable and proficient at all elements of customer service, making ICC Certified I ICC 8014122 her a valuable resource as an onsite plan review engineer. In addition to her as-needed EDUCATION plan review work, she has provided on site plan review to the cities of Redwood City, Master of Science,Civil Engineering Fremont,Atherton, and Millbrae. Ms. Prakash has also served as the interim building University of California I Berkeley,CA official for the City of Millbrae. Bachelor of Science,Civil Engineering Having worked both in the public and private sectors, Ms. Prakash has a thorough San Jose State University I San Jose,CA understanding of all state and local building safety regulations and enforcement of building and life safety codes. She keeps current within the building industry though PROFESSIONAL routine seminar attendance through the International Code Council and the California AFFILIATIONS Building Officials.She is currently pursuing her CASp(Certified Access Specialist Program) American Society of Civil Engineers certification. Society of Women Engineers R E L E VA N`F E fir'P E R I E Ise C E Chi Epsilon National Civil Engineering Apple Campus 2 1 City of Cupertino,CA Honor Society Ms.Prakash has provided on and off-site plan review for multiple new structures as part of the Apple Campus 2 project.She assisted architects and engineers for code inquiries, interpretations,and clarifications, provided expedited review of RFIs,and coordinated with City departments to ensure review and approval of submittals.Some examples of buildings for which Ms. Prakash provided review include: New four-story building consisting of office,restaurant and below grade parking at 410,000 sq.ft. 2 New two-story building for testing facilities totaling 212,000 sq.ft. P New five story parking structure,data center and energy center at 304,000 sq.ft. New visitor center, at 206,000 sq.ft. P New Tantou Reception building at 3,300 sq.ft. New Wolfe Reception at 1,870 sq.ft. 2 outdoor stations at Z586 sq.ft.each P Maintenance building at Z238 sq.ft. Jefferson&Franklin Apartments ( City of Redwood City,CA Ms.Prakash provided building plan review of this new construction seven-story residential building which is comprised of 175 units above a partially subterranean two-level parking garage.The complex which totals 257,513 sq.ft. also includes a fitness center and club room, and an outdoor deck. YouTube ( City of San Bruno,CA Ms.Prakash provided the review of tenant improvements for this six-story office building. Improvements involved the conversion of 196,000 sq.ft. into YouTube's new headquarters. She attended design team meetings at City Hall to assist with the project delivery. Marriot Courtyard I City of Santa Cruz,CA Ms.Prakash provided the review of this new construction four story hotel.The$34.7 million hotel includes 151 rooms situated over a one-story Type 1A parking garage. Sayaka Yamane PE LEEDAP CBo CSG � , CONSULTANTS Senior Plan Check Engineer ' LICENSES& Ms.Yamane is a Senior Plan Check Engineer for CSG Consultants, providing complete CERTIFICATIONS review of architectural,electrical, plumbing, mechanical,and structural plans for Professional Civil Engineer residential projects as well as commercial projects. Ms.Yamane has been doing plan State of California 178195 review since 2007, providing professional plan review services along with exceptional Certified Building Plans Examiner customer service.She has in-depth knowledge of the California Building Standards Codes ICC Certified 15303943 and extensive experience with local building and safety regulations. In addition,she Certified Building Official serves as one of CSG's in-house subject matter experts for the California Energy Code and ICC Certified 18325563 the California Green Building Standards Code.She is also CSG's main contact person with LEED Accredited Professional regard to all general plan review questions—communicating with city permit technicians concerning specific requirements to ensure timely permit processing and code EE:U CAT[fD Nj compliance. Bachelor of Science,Civil Engineering San Jose State University I San Jose,CARELEVANT EXPERIENCE Bryant Street Residences I Mountain View,CA PROFESSIONAL This project consisted of three three-story buildings of 7 residential units (total of As F[LIA`10rg1S approximately 16,000 square feet)over a post-tensioned slab podium garage. American Society of Civil Engineers Santa Cruz Nutritionals I Santa Cruz, CA (ASCE) Chi Epsilon National Civil Engineering Review of tenant improvement consisting of converting existing 17,560 square feet Honor Society warehouse area into a nutriceutical gummy production factory area. Norris Building I Mill Valley,CA Review of conversion of a single-family residence into a mixed-use building consisting of office occupancy and residence. Santa Cruz Bicycles I Santa Cruz,CA Review of tenant improvement of existing shell building for new bicycle manufacturing facility(approximately 60,000 square feet). 300 Refugio I Santa Cruz,CA Review of a new single-family residence (approximately 5,721 square feet) utilizing rammed earth wall construction. 275 Mountain Home Road I Woodside,CA Review of a new single-family residence (approximately 5,000 square feet) utilizing Japanese style construction method in a high fire hazard zone,with a new underground 17 car garage/parking structure (approximately 8,400 square feet). 235 Alta Avenue ( Santa Cruz,CA Review of a new single-family residence (approximately 2,600 square feet) utilizing straw bale wall construction. n m S o u m nth CSG B O U Y O u a S E, C B O CONSULTANTS Senior Structural Engineer LICENSES& Mr.Soumountha has over 38 years of experience in civil and structural engineering CERTIFICATIONS analysis, public works engineering and land development, project development review Professional Civil Engineer and approval,and building inspection plan review and permit services. He managed State of CA 132213 hundreds of projects in his 22 years of service at the City of Santa Clara including the Structural Engineer,State of CA 1 3062 49ers Stadium, large development projects such as the Gallery at Central Park consisting Certified Building Official of 500 plus single family and multifamily buildings and other projects worth more than 200 million dollars of all complexities in terms of fire and life safety and structural EDUCATION engineering systems. Master of Science Structural Engineering RELEVANT EXPERIENCE Washington University I St.Louis,MO permit Service Manager I City of Santa Clara,CA Bachelor of Science,Civil Engineering Prior to joining CSG, Mr.Soumountha worked as a Permit Service Manager and managed 3 in- UC Berkeleyl Berkeley,CA house and outside consultant Plan Check Engineers who were licensed civil and structural A.S.,Engineering engineers,3 Permit Technicians, and 1 Customers' Representative. He supported and acted on Santa Rosa Junior College behalf of the Building Official for all functions as assigned or in the Building Official's absence. Santa Rosa,CA Senior Plans Examiner I City of Santa Clara,CA PROFESSIONAL Mr.Soumountha served as Senior Plans Examiner where he verified, reviewed,inspected and AFFIL$ATIOe1S approved construction of all commercial,industrial,and residential structures in the City of Structural Engineers'Association of Santa Clara,with an annual construction volume valued at over$500 million. His other Northern California responsibilities included:comprehensive review of all structural and life-safety aspects of building construction; providing code interpretation to inspection staff,architects and California Building Officials contractors; responding to city council inquiries in matters of urban planning and zoning issues;and assisting in supervision of Building Inspection staff as assigned. City Engineer I& II 1 City of Santa Clara,CA As City Engineer II,Mr.Soumountha supervised the Title Section of the Land and Property Division of the Engineering Department.Some of his responsibilities included: • Assisting in the formation of assessment districts and redistribution of surplus assessment district funds • Reviewing and processing agreements for developments for City departments such as Silicon Valley Powers(the City Electric Department) • Permitting encroachments into public easements and right-of-ways • Parcel and final maps inspection for the legal subdivision of private and public properties • Preparing the Engineering Department operating budget for 5 years Structural Engineering Designer and Code Consultant I Various Jurisdictions • Since 1980,prior to his service at the City of Santa Clara, Mr.Soumountha provided structural analysis and design, consultation on construction issues, and code consulting services for numerous projects outside of City of Santa Clara jurisdiction. zam Tondnevis PE CSG F a r CONSULTANTS Associate Plan Check Engineer LICENSES & Mr. Tondnevis serves as an Associate Plan Check Engineer with CSG. He has extensive civil CERTIFICATIONS and structural engineering experience.For CSG, he performs building plan review of new Professional Civil Engineer construction and remodels of residential houses and developments throughout the San State of California 1 82602 Francisco Bay Area. His clients include but are not limited to the Towns/Cities of San Certified Building Plans Examiner Bruno, El Cerrito,Santa Cruz, Alameda,Sausalito, Hayward,Woodside, Hillsborough, ICC Certified Redwood City, and Mountain View. ATC-20/S.A.P.Certified He is also a part-time faculty member at San Jose State University lecturing in planning, SEAONC Member permitting, &structural design for the Undergraduate Program. EDUCATION RELEVANT EXPERIENCE Master of Science,Construction Residential Reviews ) Cities and Towns of Woodside,Hillsborough,Los Altos Hills,Sausalito, Management&Geotechnical CA Stanford University,San Jose,CA • Mr. Tondnevis performed review of new construction,remodels,and additions for residences Master of Science ranging from 1 000 s ft.to over 20 000 s ft. and included garages, decks,and landscaping Structural Engineering g g q q g g p g Stanford University,San Jose,CA features. Bachelor of Science,Civil& Engineer,Building Information Modeling(B.I.M.)Coordinator&Educator ) Peoples Environmental Engineering Associates Structural Engineers(PASE), Milpitas,CA San Jose State University,San Jose,CA Mr.Tondnevis worked as an Engineer and worked closely with multidisciplinary teams on building designs.A small sampling of projects on which he has worked includes: • Designed two schematic new steel framing data center structures with SCBF lateral system &composite system floors as well as estimated &optimized weight of steel for alternative building systems for bidding • Designed &detailed gravity&lateral systems for a 4-story mixed-use R.C.structure with underground parking(20,400 S.F.)in Palo Alto using ETABS and ADAPT software; also,modeled, annotated,&detailed the structure using Revit for creating a complete set of structural plans for city submittal package • Designed &detailed slab-column connections(using studrails)for 7-story Marriott Hotel(Skyport Drive by BSB);in addition,reviewed all reinf. concrete&rebar-related submittals for compliance with latest design documents; also, designed cold-form steel& Unistrut framing for building's facade and retail level • Designed wood framing members for gravity&lateral systems for many multi-family &level residential complexes(Hayward Bart, Elanwood, Donner Lofts, Riverview 5&6, Station Park Green, S.C.Gateway) • Designed &3D-modeled retrofit framing for 2-story tilt-up Evergreen Medical Center building(42,000 S.F.)in East San Jose; also, created Revit-generated construction documents; moreover, designed canopy,awning connections,&trash enclosure structures; performed on-site measurement taking&evaluations • Led &coordinated Revit structural modeling&construction documents generating for 3(new&retrofit)data center projects(Lockheed Martin, Franklin Park, &Mills) for PASE's Mission Critical Studio PMs Engineer Contractor ) ABR Engineers,San Jose,CA • Mr.Tondnevis was an Engineer Contractor with responsibility in creating city submittal packages including construction documents&city permits(including electrical&Title 24) using B.I.M. (Revit)software for two single-family multi-story residences undergoing alterations, additions,& re-modeling. ' esh Vangala CSG Rai CASp, CBO CONSULTANTS 1%,-Zoor Principal Plans Examiner LICENSES& With over 12 years of experience as a Plan Check Examiner, Mr.Vangala provides a CERTIFICATIONS wealth of knowledge of California Building Codes to CSG. For CSG, he examines plans of Certified Building Plans Examiner commercial, industrial,and single and multi-family projects to determine compliance with ICC Certified 18166142 the provisions of the California Building, Mechanical,electrical, Plumbing and Energy Certified Building Official Codes, as well as OSHPD(OSHPD3). He is also adept at analyzing structural engineering ICC Certified 18166142 aspects of all designs and calculations, evaluates test reports, and approves plans that Certified Access Specialist 1 711 comply with California Codes and regulations. California Energy Code Compliance for Mr. Vangala has also provided onsite plan review and over the counter services for the Non-Residential Project City of Foster City and the Town of Woodside. EDUCATION Master of Engineering RELEVANT EXPERIENCE Andhra University Half Moon Village Senior House I City of Half Moon Bay, CA Visakhapatnam,Andhra Pradesh Mr. Vangala provided performed complete building plan review services for this Bachelor of Engineering affordable senior housing. The 115 unit complex consisted of a 3-story multi use Andhra University building,four 2-story garden apartments, and one 2-story multi use building (multi- Visakhapatnam,Andhra Pradesh use buildings include community room, laundry room and gym.). Veterans Affair Outpatient Clinic I City of Marina,CA Mr. Vangala provided complete building plan review for this integrated Department of Veterans Affairs and Department of Defense joint health-care clinic,the first in California. This new 146,000 square foot,three-story structure will serve as a state-of- the-art medical clinic. The facility will provide primary and specialty care to including subspecialty clinics,audiology, indoor and outdoor physical therapy, occupational therapy,a mental health center, and imaging and laboratory space.This project achieved LEED Gold certification per the LEED for Healthcare 2009 Edition. Lincoln Centre Campus-BioMled I City of Foster City,CA Mr. Vangala provided building review of the redevelopment of an existing 280,000 square foot campus into a nearly 600,000 square foot biomedical and life science research campus. Atria at Foster Square I City of Foster City,CA Mr. Vangala provided building plan review of this six-story new construction building. The senior living mixed-use structure includes 155 senior living units, common space, cou rtya rds. Sutter Health Memorial Hospital I City of Los Banos,CA Mr. Vangala provided building plan review of this 5,153 sq.ft. single story non- residential building with$1,286,742 valuation project. The Promontory I City of Marina, CA Mr. Vangala provided complete building plan review for this 174 unit apartment complex.The project consisted of three new 4-story apartment buildings, as well as a 1-story clubhouse, and community center(including a 1-story clubhouse within an apartment building).The 270,000 sq. ft. project had a construction cost of$28.9 million. CSG K s t Wong CONSULTANTS Principal Plans Examiner LICENSES& Ms. Wong serves as a Principal Plans Examiner in the Plan Review Division of CSG CERTIFICATIONS Consultants. Her expertise includes enforcement of Building Codes for several Certified Building Plans Examiner jurisdictions throughout California. Her experience in complex commercial and residential ICC Certified 15300662 structures provides CSG and our clients with the highest quality plan review. Certificate of Completion Prior to her employment with CSG,Ms. Wong developed her skills as a Design Engineer "Fire&Life Safety Plan Review"(DSA) for a structural engineering firm in San Francisco.She was instrumental in developing a wide variety of engineering projects including lateral analysis and design, design of E DUCATI ICI concrete, masonry,steel and wood building elements,design of deep shoring and Bachelor of Science,Civil Engineering underpinning systems and preparation of structural assessment reports. Ms. Wong's field University of California,Davis work has included building investigations,pre-construction damage surveys and special 1 Davis,CA inspection of deep shoring and underpinning systems. RELEVANT EXPERIENCE Genentech Development I City of South San Francisco,CA Ms. Wong has served as the main point of contact between CSG and Genentech for the past 11 years.She provides plan review services(building, mechanical,electrical, plumbing,energy and CALGreen) for all buildings (-65 count)on Genentech's South San Francisco campus. Scope of work includes: Complete office and lab build outs;new control areas; installation of mechanical units,fume hoods, bio-safety cabinets,warehouse freezers, nitrogen bulk tanks; HVAC remediation upgrade;gas monitoring improvements; electrical switchgear replacement;glycol piping replacement and insulation;cafeteria remodel;site improvements,etc. Weekly meetings at Genentech campus with project managers, project architects and engineers and the City Fire Marshall to review project drawings prior to plans submittal. • Provide digital plan review services. Manage the Genentech Greenvue website. New Shell Building ( City of Hayward,CA Ms.Wong performed review for this new 1-story shell building of 42,098 sq.ft.with civil improvements (Phase 1). El Granada Fire Station ( County of San Mateo,CA Ms.Wong performed review of this new single story 12,425 sq.ft. essential services fire station including 7 bunk rooms, 3 drive through apparatus bays, kitchen&dining room,day room, training room, offices,turnouts,fitness room, extractor, laundry,storage room, 72 hour run generator&fueling tank,and trash and recycle containment. Apple Campus I City of Cupertino,CA Ms.Wong performed review for the new visitor's center and two(2) new reception buildings (named Wolfe and Tantau). City of San Mateo Regional Operational Center ( County of San Mateo,CA Ms.Wong performed review for new 2 story 35,000 square feet building. Shops at the Dunes ) City of Marina,CA Ms.Wong performed review for two new buildings with restaurants"Chipotle"and"Deli Delicious". Southland Mall I City of Hayward,CA Ms.Wong performed review of tenant improvements for the Southland Mall. Residential Development ( City of Mountain View,CA Ms.Wong performed review for new three(3) stories 6 units residential development. David Nesbet PE CSG CONSULTANTS Associate Plan Check Engineer LICENSES& Mr.Nesbet is a licensed Civil Engineer and Plan Reviewer for CSG with over 12 years of CERTIFICATIONS experience. He has a strong background in reviewing structural engineering for a broad Certified Building Plans Examiner,ICC range of projects, including high-end residential projects, commercial tenant Certified 18259817 improvements,seismic retrofit of existing structures,seismic anchorage of mechanical Professional Engineer,State of equipment for commercial facilities, and upgrades to historical structures. California I CE 72981 Prior to joining CSG, Mr. Nesbet worked for seven years as a Structural Plan Review ATC-20 Certified for Engineer for Kutzmann and Associates in Fremont, CA.While employed by Kutzmann, he Post-Disaster Evaluations spent four months working as a plan checker for the City of Menlo Park. He also has gained practical experience through his experience in remodeling his home in San EDUCATION Francisco built in 1892. Master of Science,Structural and Earthquake Engineering RELEVANT EXPERIENCE San Francisco State University Tantau Research &Development Facilities Apple Campus 2 1 City of Cupertino,CA 1 San Francisco,CA Bachelor Science, Mr. Nesbet provided plan review for the Tantau R&D facilities which were comprised Mechanical Engineering of two adjacent buildings totaling 225,000 square feet of GFA for research and San Francisco State University development.The buildings include ground level testing chambers,shield room and I San Francisco,CA other research laboratory spaces, with one above ground office level, and one mechanical roof level. PROFESSIONAL AFFILIATIONS Alameda Landing Phase III I City of Alameda,CA Mr. Nesbet provided building plan review for phase III of this 72-acre development. Member of American Society of Civil Engineers He reviewed plans for four housing types as part of this 285-unit subdivision. Member of Structural Engineers of Various Custom Homes I Cities and Towns of Woodside, Hillsborough, Los Altos Northern California Hills, Portola Valley, Palo Alto, and Mountain view,CA Mr. Nesbet performed review of custom and historical residencies ranging from 2,000 sq.ft.to over 20,000 sq.ft. and included accessory structures, pools, barns,vehicle bridges, and landscaping features. Example projects for which Mr. Nesbet performed plan review services include: • South Whisman Development I City of Mountain View,CA Mr. Nesbet performed plan review of this$38,173,920 valuation project of all new detached row houses. • Altamont Road Residence I Town of Los Altos Hills,CA Mr. Nesbet performed architectural and structural review of an 8,814 sq.ft.3-story custom home with basement in Los Altos Hills.The project incorporated 30 foot high retaining walls,steel braced frames, and non-structural rammed earth architectural site walls. Project valuation was$15,000,000. • Black Mountain Road Residence I Town of Hillsborough,CA Plan review for this project included architectural and structural review of a 5,350 sq. ft.split level home with a 946 sq.ft. lower level garage. The project required compliance with WUI regulations. Li n h Tra n PE CSG CONSULTANTS Associate Plan Check Engineer LICENSES& Mr.Tran is an Associate Plan Check Engineer with over 6 years of engineering experience. CERTIFICATIONS Mr.Tran offers a wealth of California Building Code knowledge to CSG clients. For CSG, he Professional Civil Engineer examines plans of single and multi-family projects to determine compliance with the State of California 1 85451 provisions of the California Building, Mechanical, Electrical, Plumbing, Energy, and Green Certified Building Plans Examiner Building Codes. ICC 8297568 RELEVANT EXPERIENCE EDUCATION 918 Lafayette I City of Alameda,CA Master of Science,Civil Engineering Provided plan review of a lower level addition to a three-story building of five residential units, San Jose State University,San Jose,CA approximately 4,400 square feet, including replacement of existing foundation with new Bachelor of Science,Civil Engineering retaining walls. San Jose State University,San Jose,CA Camden Place I City of Hayward,CA Mr,Tran master plan submittal for new tract homes of four different models ranging from 2,300 square feet to 2,900 square feet. 614 Grande Ave I City of South San Francisco,CA Conducted plan review for a new three-story building of two residential units, approximately 3,300 square feet,with covered parking spaces at the bottom level. 27640 Sherlock Road I Town of Los Altos Hills,CA Performed plan review of first and second floor additions with complete remodel of existing dwel ling unit utilizing Wildland Urban Interface in high fire hazard zone.The size of the structure was approximately 5,500 square feet. 739 Clearfield Drive I City of Millbrae,CA Reviewed plans for a two-story addition with internal remodel utilizing conventional construction. 2135 Leland Ave I City of Mountain View,CA Provided plan review of a demolished existing home to building a new one-story house of approximately 3,300 square feet. EIT CSG Helen Chiu u CONSULTANTS Nztrml ov Associate Plans Check Engineer LICENSES & Ms. Chiu is an Assistant Plan Check Engineer with over six years of experience in the CERTIFICATIONS building industry. For the past two years,she has provided building plan review for CSG Certified Building Plans Examiner clients throughout California. ICC 8213824 Engineer in Training RELEVANT EXPERIENCE Permit Technician I City of San Mateo,CA EDUCATION Ms, Chiu served as Permit Technician responsible for processing building permit applications; Bachelor of Science,Civil Engineering providing plan check review for non-structural over-the-counter permits; and providing Concentration in Structural Design information to the public regarding permit process requirements,general building codes and California Polytechnic State University inspection procedures. I San Luis Obispo,CA Assistant General Contractor I CDX Builders,San Francisco,CA PROFESSIONAL Ms.Chiu work closely with the project manager on site to assist with construction scheduling and provide specific instructions for workers to build according to details on plans and AFFILIATIONS specifications.She has extensive exposure to construction products typically used in the Engineers Without Borders(EWB) industry today, (i.e.Simpson hold down,strong-tie,clips,angles,epoxy grout),special Society of Civil Engineer(SCE) inspections (i.e. ultrasonic test on welded beams&columns,core samples on CMU walls, Society of Women Engineers(SWE) torque test on electrical mounts, and soil compaction test), rebar placement,concrete pour, Mathematics Engineering Science structural framing,and interior/exterior finishes. Achievement(MESA) Summer Intern I Santos&Urrutia Structural Engineers,San Francisco,CA Ms.Chiu worked closely with multidisciplinary teams in designing and calculating structural beams,moment frames,and generating seismic and geologic evaluation reports for the following projects: • "Green" Emergency Housing Unit(new portable modular to be available throughout the US) • Renovation design of a 4-story existing apartment building(San Francisco) • Structural design on a 5-story new apartment building(Burlingame) p ITY U...KPNC.) REFERENCES Our track record of success with our clients is outstanding and we encourage you to contact our references with any questions or clarification you might require.The following is a partial list of regional references for which CSG has provided similar services as those requested by the City. City of Marina City of Salinas Dan Paolini Joe DeSante Building Division Building Official 209 Cypress Avenue 200 Lincoln Avenue Marina, CA 93933 Salinas, CA 93901 (831) 884-1285 (831) 758-7930 BuildingO@ci.marina.ca.us josephd@ci.salinas.ca.us Plan Review and Building Inspection Building& Fire Plan Review and Inspection, 2011—Ongoing CASp Consulting,Scanning Services 2000—Ongoing City of Monterey City of Santa Cruz John Kuehl Mark Ellis Building Official Building Official 580 Pacific Street 809 Center Street Monterey, CA 93940 Santa Cruz, CA 95060 (831) 646-3799 (831)420-5120 kuehl@monterey.org mellis@cityofsantacruz.com Plan Review, In-house Plan Review,and Plan Review and Building Inspection Code Enforcement 2010—Ongoing 2004—Ongoing City of Alameda City of Watsonville Gregory McFann Eric Simonson Building Official Assistant Community Development Director 2263 Santa Clara Avenue, #190 250 Main Street Alameda, CA 94501 Watsonville, CA (510) 747-7400 (831) 768-3050 buildingofficial@ci.alameda.ca.us eric.simonson@cityofwatsonville.org Building& Fire Plan Review Plan Review and Building Inspection 2014—Ongoing 2009—Ongoing City of Cupertino City of Foster City Albert Salvador Marty Cooper Building Official Building Official 10300 Torre Avenue 610 Foster City Blvd. Cupertino, CA 95014-3202 Foster City, CA 94404 (408) 777-3200 (650) 286-3240 alberts@cupertino.org mcooper@fostercity.org Building Plan Review and Inspection Services Plan Review Services 2011—Ongoing 2014—Ongoing GSGCOWSULT.INTS cIT,mcueonwu oomnwap�wnaswmpyos EXHIBIT B: SERVICE ORDER Service Order Form is provided nn the following page. ����� ��'��'`�~Qo°"""=INTS City of Cupertino 10300 Torre Avenue LM Cupertino, CA 95014 CUPERTINO (408) 777-3308 Plaiuung (408) 777-3228 Build rig (408) 777-3228 Public Works Service Order Form Date Submitted: Date Due: Applicant Name: Project Address/APN: Project Description: Consultant's Scope of Work: Other: Deposit Receipt#: Amount: Transmitted by: Phone No. UT" Buiu)[N PLAN.B�.,•i*„ CSG's cost schedule for proposed work is provided in the table below. CSG will coordinate the pickup and return of all plans to CSG via staff or a licensed courier service. CSG will provide plan review services based on 65%of the City's plan check fee and includes all building reviews. Additional reviews,deferred submittals, revisions include addendums, and RFIs will be charged at the appropriate hourly rate of$125/hour. Services will be provided with a not-to-exceed amount of $175,000 for the period July 1,2018 through June 30, 2019. • • /HOURLY RATE Complete Plan Review 65%of City's Building Plan Check Fees All Other Plan Review $125 All hourly rates include overhead costs including, but not limited to,salaries, benefits, Workers Compensation Insurance, and office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. On each anniversary of the contract start date, CSG will initiate an hourly rate increase based on change in CPI-W for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Unless otherwise agreed,payment terms are 30-days from receipt of invoice. CSG OONSULTAN'rS EXHIBIT D 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 NM MUMS REQUIRED I. 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 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. O 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 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 form of an endorsement to Consultant's insurance(at least as broad as ISO Form CG 20 10(11/85)or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M.Best Rating of A-VII, orbetter. 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 by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk,prior experience, insurer or other special circumstances, with not less than ninety(90)days prior written notice. Exh. D-Insurance Requirements for Design Professionals&Consultants Contracts Form Updated Feb. 2018 2 AC�® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/5/2018 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 CONTACT NAME: Arthur J. Gallagher&Co. PHONE 415-536-8617 FAX No;415-536-8627 Insurance Brokers of CA, Inc. LIC#0726293 EWC.-MAIL 1255 Battery Street, Suite 450 ADDRESS: San Francisco CA 94111 INSURERS AFFORDING COVERAGE NAIC# INSURER A:American Fire and Casualty Company 24066 INSURED CSGCONS-01 INSURER B:Arch Insurance Company 11150 Consultants, Inc. 550 Pilgrim Drive INSURERC:West American Insurance Company 44393 550 Foster City, CA 94404 INSURER D: Berkshire Hathaway Homestate Insurance Company 20044 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:49127236 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. INSRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDIIYYYY MM DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y BKW(1 B)57695795 12/4/2017 12/4/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE M OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GEN ERAL AGGREGATE $2,000,000 POLICY 0 PRO JECT LOC PRODUCTS-COMP/OP AGG $2.000,000 OTHER: $ A AUTOMOBILE LIABILITY Y BAA(18)57695795 12/4/2017 12/4/2018 COMBINED SINGLE LIMIT $1,000,000 Ea accident X 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 $ A X UMBRELLA LIAB X OCCUR Y Y USA(18)57695795 12/4/2017 12/4/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DIEDX RETENTION$ $ D WORKERS COMPENSATION Y CSWC821833 12/4/2017 12/4/2018 X I PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F NIA (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 B Professional Liability Y PAAEP0008802 12/4/2017 12/4/2018 Each Claim $5,000,000 retro date: 1/1/1991 Aggregate $5,000,000 Deductible: $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) re: Design Professional Services Agreement(Master). The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as additional insureds on GL on a Primary&Non-Contributory basis with Waiver of Subrogation and 30 Day Notice of Cancellation per attached. Waiver of Subrogation on Auto&WC and 30 Day Notice of Cancellation on Auto&Professional per attached.30 Day Notice of Cancellation on WC is not available. Waiver of Subrogation on Professional applies. CG2026 per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avene Cupertino CA 95014 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Policy#: BKW(18)57695795 CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY•ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Darnage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 3 ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED•FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with irs permission. Page I of 8 With respect to coverage afforded by this endorsement, the previsions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary, excess(other than insurance written to apply specifically in excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision, B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A- Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision,elevators do not include vehicle lifts.Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance,Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary,excess,contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3)a nd (4) of this exclusion do not apply to"property damage" (other than damage by fire, lightning,explosion,smoke,or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of insurance. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of insurance. 2. Paragraph 6. under Section IIi-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or tease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement,is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION if Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I-Coverage C-Medical Payments,Subparagraph (b) of Paragraph a.is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES A AND B 1. Under Supplementary Payments-Coverages A and B, Paragraph 1.b.Is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d.is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of.time off from work, G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 - Who Is An Insured is amended to include as an insured any person or organization wham you have agreed to add as an additional insured in a written contract, written agreement or permit, Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf,in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance,operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction,erection, or removal of elevators; or (c) The ownership, maintenance,or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the additional insured is required by a contract or agreement, the insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials,parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations fora principal as a part of the same project. With respect to Paragraph 1.15. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above,this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily'injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. a 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph Z. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage"occurs. c. "Bodily injury", "property damage"or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (2) Supervisory, inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural,engineering or surveying services. d. "Bodily injury" or"property damage" Occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III -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: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b- The following is added to Paragraph b.Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement,an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence,Offense,Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less, These limits are- inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS!MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION-MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section If- Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture),to your members(if you are a limited liability company),to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)or(b)above; or (d) .Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 98 10 04 13 Inrlcidne rnnvrinhtod material of Incnranro CPrm"*Mfi­ Inr with 7tc nur.rvcoc n Rnno R of R advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your"employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section 11-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured If there Is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions,the following is added to Condition 6.Repre- sentations: Your failure to disclose all hazards or prior"occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAiM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence,Offense,Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V-Definitions,Definition 3. is replaced by the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 0. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED iN A CONTRACT OR AGREEMENT WITH YOU Under Section IV- Commercial General Liability Conditions, the following is added to Condition 8.Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" clone under a contract with that person or organization and included in the "products-completed operations hazard" provided 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights againstthat person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual:nsuranee CG 88 10 0413 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 8 of 8 Policy #: BKW(18)57695795 COMMERCIAL GENERAL LIABILITY CG 89 70 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization notice of cancellation we agree to the following: Provide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting notice of cancellation is insufficient to invoke our duty to provide notice of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. © 2013 Liberty Mutual Insurance CG 89 70 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 Policy BAA(18)57695795 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT; CLAIM, SUITOR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION 11 -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.I. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, `insured" does not include any organization that. (1) Is a partnership or joint venture;or (2) Is an insured under any other automobile policy;or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy_ e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee"of yours while using a covered "auto"you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 — LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto'; (2) Only for "bodily injury' or `property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and(4)are replaced by the follovring: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule; or similar protection, the following provision is added: SECTION 11 — LIABILITY, exclusion B.5 FELLOW EMPLOYEE does not apply if the"bodily injury'results from the use of a covered °auto'you own or hire. SECTION III— PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos"for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto' you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or C)2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission_ Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's' name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one "accident"or"loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the `Inss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage- C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of$1,000 per"accident', we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto' that is hired, rented or borrowed with a driver; or (2) Any"auto° that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.Z. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For "light trucks", we will pay up to S50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW)of 10,000 pounds or less. C. For "medium trucks" ,we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weigh( (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of 51,500 0, 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an `auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under, Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11_ PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto"you own and that"auto'is stolen, we will pay,without application of a deductible, up to $600 for"personal effects" stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III —PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B, EXCLUSIONS; exception paragraph a_ to exclusions 4.c. and 4.d. is deleted and replaced with the following: «2013 Liberty Mutual Insurance GA 88 10 01 13 Includes cupyrighled material of Insurance Services Office,Inc.,with its perrnissiun• Page 4 of 7 Exclusion 4.c, and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered"auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto'; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the'loss"less the amount of: a. Overdue payments and financial penalties associated with those payments as of the elate of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, C. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the"total loss"of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered"auto"that incurred the loss. C. SECTION V- DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a 'loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan"is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 7 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass darnage if the glass is repaired rather than replaced. % PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following.- The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto"is designed to carry while it is: a. In the charge of an"insured"; b. Legally parked, and C. Unoccupied. The"loss"must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller(or smallest)deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller(or smallest)deductible it will be reduced by the amount of the smaller(or smallest) deductible; or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT,OR LOSS SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A,2.a.is replaced in its entirety by the following: a. In the event of"accident", claim, `suit" or`9oss', you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member; if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How,when and where the `accident' or"loss"took place; (2) The"insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us,is amended by the addition of the following: If the person or organization has waived those rights before an "accident"or "loss', our rights are waived also_ 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insureds responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an"auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V- DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish; mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS,paragraph A.- CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. 02013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. page 7 of 7 POLICY NUMBER: BAA(18)57695795 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception dote of the policy unless another date is indicated below. Effective Date: 12/4/2017 Named Insured: CSG Consultants, Inc.; Precision Inspection-CSG SCHEDULE Name of Person(s) or Organization(s): as required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsewerit.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form_ CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 Policy gAA(18)57695795 COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATED INSURED-- NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)wha are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Schedule Name of Person(s) or Organization(s): Any entity with respect to a covered"auto" provided that you and suoh entity have agreed in a written contract, agreement, or permit to add such entity as an "insured". Regarding Designated Contract or Project: N/A Each person or organization shown in the Schedule of this endorsement is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury"or"property damage", then this insurance will be primary and we will not seek contribution from such insurance. 0,2013 Liberty Mutual Insurance.All rights reserved. CA 88 66 06 13 Includes copyrighted material of Insurance Services Office,Inc..with its permission. Page 1 of 1 Policy# BAA(18)57695795 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the policy apply unless modified by this endorsement. Any term or provision of the Cancellation Conditions of the policy or any endorsement emending or replacing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization notice of cancellation we agree to the following: a. Provide a 30 days prior written cancellation notice to such persons or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. As a condition of this endorsement, you must notify your agent of any written contract or agreement where you have agreed to provide notice of cancellation, other than nonpayment of premium; to a specific person or organization. Failure to provide to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured. CA 88 76 0314 t7 2613 Liberty Mutual Insurance.All rights reserved. page 1 of 1 Includes copyrighted material of Insurance services Office, Inc..with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY NC 99 0410B (Ed.S'14) WAIVER OF OUR RIGHT TORECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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 vr organization named in the Schedule. (This agreement applies only to the extent that you perform work under written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2'& of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This oQeamont shall not operate directly nr indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this Waiver, Job Description Waiver Premium All CAOperations 2935.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the nm|icy.) Endorsement Effective {�vo 12/1/17 Po|inywo� SVVC821833 Endorsement No. Insured CSG Consultants, Inc. Pnsmium$ Insurance Company Berkshire HathavvayHomeatote Ins Co vvcono41ua THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s)or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: 7 Policy Number: PAAEP0008802 Named Insured: CSG Consultants, Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: December 4, 2016 00 ML0087 00 11 10 Page 1 of 1 POLICY NUMBER: BKW(18)57695795 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED 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): The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers 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 these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section Ill-Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" 9 required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1