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22-066 (ICCI) Independent Code Consultants, Inc. for On call plan review
On call plan review Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Independent Code Consultants, Inc. (“Contractor”), a Corporation for On call plan review, and is effective on July 1, 2022 (“Effective Date”). 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. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on July 1, 2022 and ends on June 30, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2023. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 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 $175,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending On call plan review Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 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. On call plan review Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records On call plan review Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in On call plan review Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 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. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. On call plan review Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns 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 Abigail Obligacion as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 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 On call plan review Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 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 On call plan review Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Phuong Devries Email: phuongd@cupertino.org To Contractor: Independent Code Consultants, Inc. 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 Attention: Abigail Obligacion Email: aobligacion@independentcodeconsultants.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date Independent Code Consultants Incorporated President May 12, 2022 Benjamin Fu Director of Community Development May 12, 2022 On call plan review Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Christopher D. Jensen May 12, 2022 SUBMITTED BY: Independent Code Consultants, Inc. 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 Contact: Ms. Abigail Obligacion | President T | 925.264.9559 E | aobligacion@independentcodeconsultants.com SUBMITTED TO: City of Cupertino Building Division 10300 Torre Avenue Cupertino, CA 95014 Attention: Mr. Albert Salvador Chief Building Official Plan Review and Building Inspection Services Proposal for Professional Services CITY OF CUPERTINO May 10, 2022 Plan Review Services | City of Cupertino Page | 2 TABLE OF CONTENTS Cover Letter ...............................................................................................................................................................3 1 | Proposal Summary ..............................................................................................................................................4 2 | Profile on the Proposing Firm ...........................................................................................................................6 3 | Qualifications of the Firm ..................................................................................................................................7 Exhibit A: Scope of Work ........................................................................................................................................12 Exhibit B: Schedule of Deliverables.........................................................................................................................13 Exhibit C: Contract Budget .....................................................................................................................................14 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 T | 925.264.9559 Page | 3 May 10, 2022 Mr. Albert Salvador | CBO City of Cupertino, Building Division 10300 Torre Avenue Cupertino, CA 95014 RE: Proposal for Plan Review and Building Inspection Services Dear Mr. Salvador: Independent Code Consultants, Inc. (ICCI) is pleased to submit our qualifications and believe we can provide plan review services you require. ICCI was originally established in January 1995 by Greg Shriver and remained in operation for nearly 15 years serving approximately 12 clients. As of January 2018, ICCI has been re-established and is comprised of a team of highly qualified and dedicated profes- sionals that have worked together with a collective plan review experience of 20 years for various Building Divisions and Community Development Departments. With Greg Shriver serving a key role in the revival of the company, ICCI will con- tinue to serve community development departments with the customer service, reliability and quality consistently offered to his clients. We strive to work with you and your team to ensure the planning, design, construction, inspection and coordination of private development projects are reviewed for completeness and accuracy, and compliance with standard engineering practices and conditions of approval. Our team of professionals have extensive knowledge of local engineering require- ments and are experts in reviewing plans for completeness and accuracy. We are experts in our specialized fields and are able to provide our clients code compliant solutions that show our team’s ability to exercise independent judgment and initiative. ICCI will always manage all communication and coordination with our Clients through the use of a single point of contact. This contact will coordinate and ensure resources and personnel are made available to you. Thank you for the opportunity to submit our proposal and hope that we can fulfill your building plan review needs. Should you have any questions or require additional information, please do not hesitate to contact me at 925.264.9559 or by e-mail at aobligacion@independentcodeconsultants.com. Respectfully Submitted, Abigail Obligacion | President Independent Code Consultants, Inc. Plan Review Services | City of Cupertino Page | 4 Independent Code Consultants, Inc. (ICCI) is prepared to dedicate its team to the City of Cupertino. Our plan review staff and office personnel have a track record of completing projects on time and within budget time-and-time again. ICCI is proactive and confident to handle any issue, we will continue to provide open communication with the City to discuss any potential problems that we see during the plan review or permitting processes that may cause any disruption during the plan review and construction processes. The proposed team has worked with the City of Cupertino’s Building Division and has worked alongside City staff for over 6 years. Coordination with City staff and ICCI will be a seamless transition. Our knowledge of the City’s process- es and procedures, combined with our diligence of maintaining accurate and comprehensive record keeping for each project submittal, is just one example of our commitment to meet and exceed the agreed upon turn-around times. In ad- dition, our team will work with our clients and applicants to ensure all milestones are completed on-time while ensuring compliance with the latest adopted codes, local amendments and ordinances. In other words, we will provide excellent services to assist the City of Cupertino help its residents, contracts and developers through the plan review, permitting and construction process and answer an questions that they may have related to construction. ICCI is prepared to provide CASp inspections and civil on-site plan reviews. In order to perform these services and due to the complexity of the different codes, rules and regulations, ICCI will coordinate with our pool of resources of sub-con- sultants to ensure that the reliable quality service is maintained for our clients. ICCI’s scope of services includes plan review services for the Cupertino’s Building Division on an as-needed basis per the scope of the contract. Per the scope of the contract, the City of Cupertino will submit plans with the form as shown on Exhibit B and the form will be attached to the invoices sent to the City on a monthly basis. Rates, not-to-exceed amounts and plan review fees are outlined in Exhibit C of this proposal. Please refer to Exhibit A for Scope of Services. In addition, it is understood a Service Order Form will be provided by the City Project Manager for the requested plan review services. The Service Order Form can be found in Exhibit B. The contract budget can be found in Exhibit C which includes ICCI’s proposal cost sheet, rates, and not-to-exceed amounts. 1 | PROPOSAL SUMMARY Plan Review Services | City of Cupertino Page | 5 List of ICCI Contact & Role Phone Email Abigail Obligacion | Contract Manager 925.264.9559 aobligacion@independentcodeconsultants.com Greg Shriver | Sr. Building & Structural Plan Reviewer 925.264.9559 gshriver@independentcodeconsultants.com Kelly Park-Li | Sr. Building & Structural Plan Reviewer 925.264.9559 kpark-li@independentcodeconsultants.com Plan Review Services | City of Cupertino Page | 6 Independent Code Consultants Established:January 1995 Re-Established:January 2018 Years in Business:19 President:Abby Obligacion Number of Employees:10 Lawsuits / Litigation:None Independent Code Consultants (ICCI) is grounded in the principle that our plan reviews are only as good as what our Clients think. We have provided quality building, fire, engineering and CASp plan reviews for several different mu- nicipalities throughout the Bay Area while providing excellent customer service and proactive communication. The team that makes up Independent Code Consultants has become known for creating dynamic plan review templates that are catered specifically to our Clients including all local ordinances and are continually updated when new informa- tion is obtained. New information is obtained as our plan review team will periodically check in to request any feedback and to help streamline processes and procedures between all parties. In addition to the quality of our plan reviews, we are dedicated to providing proactive communication and excellent customer service. Independent Code Consultants is prepared to accommodate our client’s specific needs and are com- mitted to meet or exceed project deadlines while maintaining the quality that our clients expect. Independent Code Consultants is based in the San Francisco Bay Area with an office located in the City of Pleasanton. We are centrally located and can be made available to attend and conduct pre-construction meetings as needed. We will always accommodate our Client’s needs with advanced scheduling. 2 | PROFILE ON THE PROPOSING FIRM Quality building, fire, engineering and CASp plan reviews are provided with the following structure: What: Our plan reviewers clearly explain in a comment letter what is not in compliance with the plans, details and specifications. In addition, our plan review team will cater their comments based on their audience (i.e. designer, homeowner, engineer, architect or contractor). Where: Comment letter will clarify which sheet, detail, etc. where on plans comment refers to Why: A code section is cited to explain why the plans/details are not in conformance How: The plan reviewer will be able to com- municate with the applicant how to resolve the issue when questions arise from the applicant or staff members Plan Review Services | City of Cupertino Page | 7 From small residential remodels to high rise buildings our team is comprised of professional individuals ready to assist our clients in all aspects of plan review services. Independent Code Consultants is a small firm that guarantees the staff proposed will be the individuals working on your projects and has the experience to handle any requests. Independent Code Consultants’ dedication to our clients is what sets us apart by offering excellent customer service through transpar- ency, and continual development of client relationships. Coordination with client staff and Independent Code Consultants will be a seamless transition. Our knowledge of our cli- ents’ processes and procedures and our diligence of maintaining accurate and comprehensive record keeping (not only each project but for each submittal) are only two examples of our commitment to meeting and exceeding agreed upon turn-around times. Internal Process and Methodology: 1. Upon receipt of plans, submittals are screened by both our document control department and project manager to ensure all documents required for plan review are received. 2. Plans are the logged into our tracking system and routed to the appropriate plan reviewers. 3. Submittals are reviewed for compliance with the latest adopted version of the California Building Code, Califor- nia Residential Code, California Green Building Code, California Mechanical Code, California Plumbing Code, California Electrical Code, Title 24 - Accessibility and Energy Conservation requirements, municipal code and all applicable local amendments and ordinances that are recorded in our jurisdiction specific templates. 4. All plan reviews also go through our internal quality control process to ensure big ticket items and local amend- ments and ordinances are not missed. 5. Due to our team’s experience and understanding of construction and permit processing, we will contact our cli- ents for any red flags that may pose a problem either during the plan review process or during construction. Our team will work with our clients and applicants and will be readily available to meet with all stakeholders to ensure all milestones are completed on time while ensure compliance with the latest adopted codes, local amendments and ordinances. 3 | QUALIFICATIONS OF THE FIRM Plan Review Services | City of Cupertino Page | 8 At this time we are not able to provide permit technicians, inspection staff, administrative assistants or code enforcement officials. We hope to be able to provide these services in the near future and will contact you once we have the person- nel to fulfill those positions. Abigail Obligacion | President Ms. Abigail Obligacion has over 12 years of experience as a plan reviewer with nearly 3 years of project management and coordination and served as Director for over 1 year creating a new division for a medium to large size engineering and testing company. Abigail has developed and maintained client relationships through her exceptional customer ser- vice, her quality of work, and her attention to detail and organization skills. Greg Shriver, PE, CASp | Senior Building and Structural Plan Review Engineer Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services. Greg originally established Independent Code Consultants and offered his clients his expertise in California’s Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his busi- ness expertise to ensure the revival of his company is a success. Kelly Park-Li, SE, CASp | Senior Building and Structural Plan Review Engineer Ms. Kelly Park-Li is a licensed structural engineer with over 4 years of plan review experience in both the public and pri- vate sectors. Her experience is built upon a foundation of 7 years as a project engineer for a structural engineering firm. Kelly provided plan review services for city and county jurisdictions in the Bay Area and Central Valley. Kelly is familiar with the design and review of a diverse range of project types including apartment buildings, medical office buildings, senior care facilities, retail, multi-family residential houses and commercial buildings. On the following pages we have included resumes of our key staff. Plan Review Services | City of Cupertino Page | 9 EDUCATION B.S. | Civil and Environmental Engineering University of California | Davis CERTIFICATIONS ICC Building Plans Examiner SKILLS Exceptional Customer Service Organizational Skills Quality of Work PROFILE Ms. Abigail Obligacion has over 12 years of experience as a plan reviewer with nearly 3 years of project management and coordination and served as director for over 1 year creating a new division for a medium to large size engineering company. Abigail has developed and maintained client relationships through her exceptional customer service, her quali- ty of work, and her attention to detail and organization skills. WORK EXPERIENCE / PROJECT EXPERIENCE Apple 2 Campus Parking Structure | Cupertino, CA Reviewed photovoltaic system and parking structure to meet minimum code requirements, attended plan review design meetings. Tesla Motors Plan Review Services | Lathrop, CA Project manager for the on-going retooling and expansion projects that included hazardous materials, exiting and over- head clearance. CEL Consulting: Code Resource Group | San Ramon, CA Served as Director of the Code Resources Group Division. Created new division from the ground up. Duties include recruitment, project management, staff augmentation, quality control, and created processes and procedures for new division. Generated a million dollars in revenue during first 1.5 years of start-up. 4LEAF, Inc. | Pleasanton, CA As a senior plans examiner and project manager, Abigail performed plan review quality control and oversaw the daily operational activities from plan review to document control. TRB and Associates, Inc. | San Ramon, CA As plan review engineer, Abigail reviewed plans and specifications to verify compliance with various building codes and zoning regulations and zoning regulations ranging from single family dwellings to new townhomes to commercial build- ings. ABIGAIL OBLIGACION Plan Review Services | City of Cupertino Page | 10 EDUCATION B.S. | Civil Engineering California State University | Fresno LICENSES State of California Professional Civil Engineer #38761 CERTIFICATIONS CASp Certification #096 PROFILE Mr. Greg Shriver has more than 30 years of experience in the performance of plan review engineering services. Greg originally established Independent Code Consultants and offered his clients his expertise in the California’s Title 24 Rules and Regulations. Greg continues to serve the industry on his expertise to his clients and will assist in providing his busi- ness expertise to ensure his legacy through the revival of his company. WORK EXPERIENCE / PROJECT EXPERIENCE Oracle Building “H” and Parking Structure | Pleasanton, CA Greg provided the complete shell and tenant improvement plan reviews for this four story building totaling 180,996 SF. The structural systems consisted of conventional footings, structural steel framing and metal deck/concrete fill floor and roof diaphragms and special braced frames. The parking garage consisted of complete plan review services for the four story S-2 building. The Construction type was I-B with a total square footage of 351,265 SF. Structural systems consisted of conventional footings, post tensioned concrete floor slabs, and concrete shearwalls. 6088 / 6100 Sunol Boulevard | Pleasanton, CA Greg provided the complete shell and tenant improvement plan reviews for this two building project consisting of one- three story building with basement and one two-story building totaling 184,233 SF. The structural systems consisted of conventional footings, structural steel, framing and metal deck/concrete fill floor and roof diaphragms, and special moment resisting frames. CEL Consulting: Code Resource Group | San Ramon, CA Served as client liaison of the Code Resources Group Division. Due to his relationship with clients and providing quality plan reviews, Greg helped the division obtain 16 clients during the first 1.5 years of startup. 4LEAF, Inc. | Pleasanton, CA Greg was responsible for the management and performance of plan review for all of 4LEAF’s plan review clientele and assists in the development of 4LEAF’s Structural Engineers and Non-structural review staff. Interwest Consulting Group | Pleasanton, CA Greg served Interwest Consulting Group for nearly six years performing plan reviews for Fire-Life-Safety, Structural, Accessibility, and Title 24 for many municipalities including Cities of Pleasanton, Dublin, Livermore, Pittsburg, Tiburon, Martinez, etc. GREG SHRIVER, PE Plan Review Services | City of Cupertino Page | 11 EDUCATION B.S. | Structural Engineering University of California | San Diego LICENSES State of California Professional Civil Engineer #C74900 State of California Professional Structural Engineer #S5855 CERTIFICATIONS ICC Building Plans Examiner ICC Residential Plans Examiner CASp Certification #762 PROFILE Ms. Kelly Park-Li is a licensed structural engineer with over 5 years of plan review experience in both the public and private sector. Her experience is built upon a foundation of 7 years as a project engineer for a structural engineering firm. Kelly provided plan review services for city and county jurisdictions in the Bay Area. Kelly is familiar with the design and review of a diverse range of project types including apartment buildings, medical office buildings, senior care facilities, retail, multi-family residential housing, and commercial buildings. WORK EXPERIENCE / PROJECT EXPERIENCE CEL Consulting: Code Resource Group | San Ramon, CA Served as plan review engineer. Reviewed projects ranging from apartment buildings, provided quality control for podium type mixed use commercial buildings, custom homes to tract homes. 4LEAF, Inc. | Pleasanton, CA Responsible for reviewing drawings and documents submitted to obtain building permits for conformance with the Cal- ifornia Building Codes. Areas of review included life-safety, structural design, accessibility, energy standards, plumbing, electrical, mechanical and green building. City of Walnut Creek As plan check engineer, Kelly was responsible for reviewing drawings and documents submitted to the City, provided over-the-counter plan reviews, and assisted in the assessment of the structural integrity of a 2-story, multi-family residen- tial building immediately after a catastrophic explosion. KPFF Consulting Engineers As project engineer, Kelly was responsible for the design and analysis of large and small-scale projects in new and existing construction. Kelly created structural drawings and details, along with calculation packages to obtain permit approvals from the City and OSHPD jurisdictions. KELLY PARK-LI, PE, SE Plan Review Services | City of Cupertino Page | 12 ICCI’s scope of services includes plan review services for the City of Cupertino’s Building Division on an as-needed basis. These include, but are not limited to, new residential projects, residential remodels and addition, accessory dwelling units (ADU), new commercial buildings, tenant improvement building application plan reviews, and other related plan review services as assigned by the City’s Building Division. Plan review services will include, but not be limited to, the following components: 1. Ensure compliance with State and local laws and regulations. 2. Ensure compliance with City of Cupertino Municipal Code and City of Cupertino’s conditions of approval. 3. Ensure drawings conform and comply with Title 24 California Code of Regulations. Fire and Life-Safety Accessibility Structural Plumbing Mechanical Electrical Energy Green Building Standards 4. Substantiate structural plans meet recommendations made in the project geotechnical report. 5. Ensure plans and details are consistent with product specifications and certification. OTHER TASKS 1. Attendance of Design and Construction Meetings. 2. Review and assist with technical problems that arise during construction, including RFI’s and shop drawings. 3. Will maintain a tracking system to document all plan reviews and reports, tracking of construction progress and pro- cessing of change orders, RFI’s and deferred submittals. EXHIBIT A | SCOPE OF WORK Plan Review Services | City of Cupertino Page | 13 Date: Permit Number: Project Address: Building Department CITY OF CUPERTINO 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3228 • FAX: (408) 777-3333 OUTSIDE AGENCY PLAN CHECKING FEES Initial City Plan Check Fees Collected: Outside Agency Plan Check Fee Basis: Initial Plan Check Fee (1st & 2nd plan checks included): Amount: $ (Agency Fee = 65% of City Plan Check Fees Collected) Additional Plan Reviews/Revisions/Deferred Items Submittal #: Rate: $125 per hour Hours: (2hr min.) Total amount: Requestor: Please attach this form with the number of hours spent on the additional plan checks and send with the plan check comments or if plans are approved, with the plans & approval letter. Please email the plan check comments to: jasminea@cupertino.org abigaila@cupertino.org kimd@cupertino.org *Please do not give plan check comments directly to the customer. We do not give out comments until we have all of them back from each department. Please also attach this form to the invoice. EXHIBIT B | SCHEDULE OF DELIVERABLES Plan Review Services | City of Cupertino Page | 14 Plan Review Services Unit Rate Unit Complete Plan Review Fee (first submittal plus two (2) additional subsequent submittal)65% of Plan Review Fee All other Building, Safety Plan Review Submittals $125.00 Hour Non-Structural Review $125.00 Hour Structural Review $125.00 Hour Building Department Support Staff Unit Rate Unit Plans Examiner/Engineer $125.00 Hour CASp Inspector *Rate varies by building Permit Technician $65.00 Hour Basis of Charges Unit Rate Work over 8 hours a day Time and One-Half Work over 12 hours, Monday through Friday Double Time Work on Saturdays Time and One-Half Work over 8 hours on Saturday Double Time Work on Sundays/Holidays Double Time Reimbursables Cost Plan Review Contract Through June 30, 2023 (Not to Exceed Amounts) July 1, 2022 through June 30, 2023 $175,000.00 *For the 1-year contract term, the total not-to-exceed amount is $175,000.00 EXHIBIT C | CONTRACT BUDGET Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Melissa Hoffman INDEP-2 OP ID: BMH 12/13/2021 Melissa Hoffman Discovery Bay Ins. Serv., Inc. 14850 Hwy 4, Suite A-258 Discovery Bay, CA 94505 Melissa Hoffman 925-516-4700 925-516-4202 melissa@discoverybayins.com Evanston Insurance Company United Financial Casualty Co. Independent Code ConsultantsAbigail Obligacion5870 Stoneridge Mall RoadSuite 200Pleasanton, CA 94588 State Compensation Ins Fund Landmark American Ins. Co. United States Liability A X 1,000,000 X X 3AA524327 12/03/2021 12/03/2022 100,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000B X 06461327-4 01/11/2022 01/11/2023 100,000 X 2,000,000 X A EZXS3065570 12/03/2021 12/03/2022 2,000,000 10000X XC 9224300-22 01/11/2022 01/11/2023 1,000,000 1,000,000 1,000,000 D LHR793296 01/10/2022 01/10/2023 E&O 2,000,000 E BPP CF1567614 03/05/2021 03/05/2022 Ded. 1000 30,000 The Ciry of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are listed as additional insureds on GeneralLiability per attached endorsement. The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 925-516-4700 35378 11770 35076 33138 25895 HNOA Errors & Omissions MEGL 0009-01 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA524327 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ 500 (Check box if fully earned.) A.Who Is An Insured is amended to include as an additional insured any person or entity to whom you are obligated by valid written contract to provide such coverage, but only with respect to negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any “employee” of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B.With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: $$ EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium:$ 250 The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. #% '. # '. +*$. !. &)$!(! . (. &&. ( ( ( ( ( !$( ! ( ( !( ( ( ( ! ( !( ( !( !( ! ( !( ( ! ( !( )$-. . . ,"$ . )$-. . " (. !. ! &)( (&. . !. . +. &. "!&(&. *. &(. . "& (! . . . $ +. . ".. !. !( ( ! ( !( ! ( ( ( ( !( $ '( ! ( %$( ( &! ( '( ( !(! ( ! ( ! ( ( !! ( ( ! ( '( ! ( !( ( !! ( !( % ( ( ! ( '( ( ( ( !( $ '( ! ( %$( ( !( !( ! ( ! ( ! ( ( !! ( ( ! ( !( #! ( ( # ( !( ( ( #.. "( ( ( . ICC FY2022/23 On Call Plan Review Final Audit Report 2022-05-13 Created:2022-05-12 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAP5WnzLGtoSPAzWt0350syti-5cogWCHy "ICC FY2022/23 On Call Plan Review" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-05-12 - 5:30:40 PM GMT- IP address: 108.204.1.114 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-05-12 - 5:32:46 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-05-12 - 6:25:19 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) for signature 2022-05-12 - 6:25:22 PM GMT Email viewed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) 2022-05-12 - 6:29:12 PM GMT- IP address: 172.226.36.133 Document e-signed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) Signature Date: 2022-05-12 - 6:31:57 PM GMT - Time Source: server- IP address: 174.194.129.216 Document emailed to Christopher D. 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Jensen (christopherj@cupertino.org) Signature Date: 2022-05-12 - 6:34:21 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2022-05-12 - 6:34:24 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2022-05-12 - 7:42:34 PM GMT- IP address: 104.47.73.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2022-05-13 - 3:11:39 AM GMT - Time Source: server- IP address: 172.251.29.31 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-05-13 - 3:11:43 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-05-13 - 3:11:55 AM GMT- IP address: 104.28.123.177 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-05-13 - 3:15:24 AM GMT - Time Source: server- IP address: 104.28.124.174 Agreement completed. 2022-05-13 - 3:15:24 AM GMT