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22-169 West Coast Code Consultants, Inc for On Call Plan Review
On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 1 of 9 MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT WITH WEST COAST CODE CONSULTANTS, INC. 1. PARTIES This Master Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and West Coast Code Consultants, Inc. (“Contractor”) a Corporation for On Call Plan Review, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2024 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or 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 within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request. On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 2 of 9 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $80,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 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, On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 3 of 9 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 remit 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 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 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. On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 4 of 9 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 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 will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity. 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, a gents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including 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 On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 5 of 9 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 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 C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory 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. On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 6 of 9 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 Contractor's 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. 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 Donald Zhao as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the 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. On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 7 of 9 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 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. On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 8 of 9 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 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: West Coast Code Consultants, Inc. South San Francisco Regional Office 417 Grand Avenue, Suite 201 South San Francisco, CA 94080 Attention: Donald Zhao Email: donald@WC-3.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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK [SIGNATURE PAGE TO FOLLOW] On Call Plan Review Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 9 of 9 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date WEST COAST CODE CONSULTANTS, INC. By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Donald Zhao Vice President Oct 20, 2022 Christopher D. Jensen Albert Salvador, P.E. Assistant Director, CDD Oct 21, 2022 Oct 21, 2022 Prepared for: City of Cupertino, CA Community Development Department, Building Division Submitted by: Thursday, October 20, 2022 Submitted via Email to: abigaila@cupertino.org STATEMENT OF QUALIFICATIONS Professional Plan Review Services for the Bay Area Self Storage Project West Coast Code Consultants, Inc. South San Francisco Regional Office 417 Grand Avenue, Suite 201 South San Francisco, CA 94080 CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO West Coast Code Consultants, Inc. PROPOSAL CONTACT: Donald Zhao | Senior Client Manager P: (650) 754-6353 | C: (925) 997-4322 E: Donald@WC-3.com www.WC-3.com Teaming with Your Community to Make a Difference City of Cupertino Attn: Albert Salvador Assistant Director CDD / Building Official Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 building@cupertino.org Teaming with Your Community to Make a Difference | www.WC-3.com ii Table of Contents Table of Contents ii Cover Letter 1 About the Consultant 3 Scope of Service for Project 6 Project Team Organization 10 Key/Lead Personnel Qualification Information 13 References 18 Rate and Service Structure 23 Appendix - Resumes 26 Teaming with Your Community to Make a Difference | www.WC-3.com 1 Cover Letter October 20, 2022 City of Cupertino Attn: Albert Salvador Assistant Director CDD / Building Official Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 RE: Request for Qualifications - Professional Plan Review Services for the Bay Area Self Storage Project Dear Mr. Salvador: West Coast Code Consultants, Inc. (WC3) is very pleased to present our Statement of Qualifications (SOQ) for Professional Plan Review Services for the Bay Area Self Storage Project in the City of Cupertino, CA (City). WC3 understands the scope of services to be provided as per conversations with Phuong Devries, PE, including a “not to exceed” services amount of $80,000. WC3 is very interested in assisting the City with our portfolio of plan review services. For over 16 years, WC3 has cultivated a strong reputation for providing reliable support and excellent service to community development departments and governmental agencies across the West Coast. Our team is comprised of licensed professional engineers and land surveyors, fire protection engineers, ICC certified building code officials, fire code officials, fire marshals, access specialists, plans examiners, building and public works inspectors, permit technicians and other professionals. Our long-standing experience of working on various architectural, structural, mechanical, electrical, plumbing, fire, energy, civil and public works projects has provided WC3 with unparalleled knowledge of the provisions outlined in local codes and ordinances, State Codes, Federal Codes and Standards. Our combined experience, knowledge and customer service is key to our performance and we are confident WC3 is fully capable of meeting the needs of the City of Cupertino. Work associated with this project will be managed by WC3’s South San Francisco and San Ramon Corporate Offices, with additional regional offices assisting as necessary. WC3 has read the City’s previous noted Standard Consultant Agreement and accepts the language as written; acknowledging that our firm meets all requirements for award of an Agreement. This includes, specifically, the City’s Hold Harmless Indemnity Requirements and Insurance Coverage Requirements without modifications. WC3 also understands and further agrees that the rates and multipliers listed on the Fee Schedule within our SOQ may be incorporated into a potential Agreement with the City. We thank you for your consideration of WC3 and look forward to the opportunity of serving the City in this capacity. We greatly value our partnership with the City of Cupertino and are confident in our ability to serve your community by delivering professional, thorough services with our widely diverse and experienced team. If you have any questions or require further information, please feel free to contact myself, or the Project Manager our firm has assigned to this project: Donald Zhao, PE, MCP, CBO | Vice President / Regional Manager / Senior Client Manager West Coast Code Consultants, Inc. | 417 Grand Avenue, Suite 201 | South San Francisco, CA 94080 P: (650) 754-6353 | C: (925) 997-4322 | E: Donald@WC-3.com Sincerely, Giyan Senaratne, PE, SE, LEED AP, CASp Principal / CEO | giyan@WC-3.com | (925) 275-1700 Corporate Office | 5000 Executive Parkway, Suite 510 | San Ramon, CA 94583 | P: (925) 275-1700 | www.WC-3.com Cover Letter Teaming with Your Community to Make a Difference | www.WC-3.com 3 About the Consultant Teaming with Your Community to Make a Difference | www.WC-3.com 4 Certification Hi g h l i g h t s Firm Overview West Coast Code Consultants, Inc. (WC3) is a code consulting firm, specializing in comprehensive plan review, inspection and staff augmentation services for municipalities, jurisdictions and government entities. Founded by Giyan Senaratne in 2006, WC3 has experienced steady growth over the past 16 years and evolved from a small central team in California to an industry leader throughout the western United States. WC3 serves clients with 11 office locations in six states and over 135 employees. If awarded, our South San Francisco, and San Ramon Corporate Office locations will primarily service this City of Cupertino contract. Principal / CEO Giyan Senaratne P: (925) 275-1700 | C: (925) 548-2648 Giyan@WC-3.com Senior Client Manager Donald Zhao, PE, MCP, CBO P: (650) 754-6353 | C: (925) 997-4322 Donald@WC-3.com COMMUNICATION Good communication is a top priority in providing good service. WC3 staff members assigned to City of Cupertino project will be responsive and easy to contact by email or phone. Our qualified team performs a variety of timely plan reviews, including: Residential Developments Commercial Occupancies Tenant Improvements Institutional Facilities Essential Service Buildings Medical Labs & Facilities Public Works & More WC3 has been providing plan review services, inspection services and more for over a decade. Each team member working on the Cupertino project will have obtained all requisite certifications and licensing. Founded Staff Current Clients 2006 135+ 300+ Corporate Office 5000 Executive Parkway, Suite 510 San Ramon, CA 94583 P: (925) 275-1700 | F: (925) 275-0600 Regional | Satellite Offices South San Francisco, CA; Oakland, CA; Irvine, CA; Layton, UT; Sandy, UT; Henderson, NV; Sparks, NV; Lynnwood, WA; Meridian, ID; Frederick, MD Recognition & Accomplishments •ICC Preferred Education Provider (#1129) •2019 & 2015 ICC Chapter Education Awards •2019 ICC Chapter Permit Tech of the Year •2021 Plumbing Essentials Handbook Author •2021 & 2018 IBC Handbook Co-Author •2018 IEBC Handbook Author •2018 IRC Plan Review Course Developer •2018 IBC Structural/Non-Structural Plan Review Course Developer •2014 & 2010 ICC Industry Awards for Excellence ON-TIME PLAN REVIEW QUALIFIED About the Consultant Teaming with Your Community to Make a Difference | www.WC-3.com 5 Statement of Experience and History WC3 has been serving local jurisdictions with complete plan review, inspection, staff augmentation and other comprehensive services for more than 16 years. The company was founded on a commitment to supporting municipalities and public agencies with exceptional service, code expertise and creative problem solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs. Whether it’s a 40-story high rise, complex mixed-use commercial and residential occupancy, or a an entire subdivision under development review, we’ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team of highly qualified professionals are licensed, certified and understand all aspects of code. We strive to meet aggressive turnaround times to keep projects on schedule and always address questions and concerns in a polite and friendly manner. When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of projects, WC3 is available to handle all technical aspects or project overflow for your community. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with city officials, employees or applicants. In many instances, our employees have stepped in to serve jurisdictions in a variety of roles, including administrative or front counter support, permit technicians, or Interim Building Official and Fire Marshal services. We strive for complete satisfaction and our remarkable employees are always ready to assist. WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. Through our WC3 Academy, we are often invited to host live instructor training, as well as online, on-demand training courses in building safety and fire prevention for field and technical staff, nationally. We remain a leader in meeting ever- changing industry standards and our employees are continually challenged to enhance their educations and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the very highest quality of service possible. Our Team The WC3 team is comprised of highly qualified... Licensed Structural Engineers Licensed Civil Engineers Licensed Electrical Engineers Licensed Mechanical Engineers Licensed Fire Protection Engineers Licensed Land Surveyors Other Professionals Certified Building Officials Certified Fire Marshals Certified Access Specialists (CASp) Certified Plans Examiners Certified Building & Fire Inspectors Certified Public Works Inspectors Certified Permit Technicians About the Consultant (Continued) Building /Fire Plan Reviews Civil/Public Works Plan Review Code Interpretation Code Enforcement Building/Fire/Public Works Inspection Building Official/Fire Marshal Services Administrative & Staff Augmentation Electronic Plan Review Capabilities Code Training/Education Online Permitting/Municipal Software Solutions And More! STRUCTURAL | BUILDING | MECHANICAL | ELECTRICAL | PLUMBING | FIRE | MORE Teaming with Your Community to Make a Difference | www.WC-3.com 6 Scope of Service for Project Teaming with Your Community to Make a Difference | www.WC-3.com 7 Statement of Understanding to Scope of Services For more than 16 years, WC3 has been a leading provider of municipal building and fire/life safety plan reviews. We are proud to have an extensive list of longstanding public sector clients in multiple states, who have chosen West Coast Code Consultants, Inc. as their primary code consultant. WC3 checks building plans for compliance with the model construction codes and standards adopted by a state or a specific jurisdiction. Additionally, we can check plans for compliance with locally adopted amendments to the model codes. WC3’s available services include architectural, structural, electrical, mechanical, fuel gas, plumbing, grading, drainage, accessibility, energy, green building, landscape, fire/life safety and fire protection systems. WC3 strives to adapt to the styles and requirements of every jurisdiction we serve and realizes that each one is significantly unique. Our staff is trained to provide individualized support for each of our clients. We are confident in our ability to perform the duties outlined by the City of Cupertino for the Bay Area Self Storage Project. This includes, but is not limited to the following: >Review fire and life safety, architectural, structural, accessibility, electrical, mechanical, plumbing, energy and green building construction drawings, submittals, plans, and reports for compliance with the California Building Standards Codes, the City’s Municipal Code and other applicable Federal, State, and local laws, policies, ordinances, and regulations. >Perform site visits as required to verify existing conditions and better coordinate plan review services. >Format plan review comment lists to compliment the style and requirements of the City of Cupertino. >Prepare a plan review profile specific to the City of Cupertino to identify specific requirements and items of interest to the City. >Open lines of communication with the Community Development Department and Building Official, as well as other department staff to ensure accuracy in enforcing City of Cupertino policies. >Provide the City of Cupertino and Bay Area Self Storage Project applicants with online access to WC3’s project and electronic document management platform. This portal provides the means to submit and track files electronically, including project status and the processing of change orders, RFI’s and deferred submittals. >Conduct services and plan reviews as per the established time frames of the City. >Supply hard copy or electronic plan review comments, approval letters and project invoices as required by the City of Cupertino. Any other applicable correspondence will be sent via electronic mail. >Coordinate, develop and maintain good working relationships with all project applicants, reviewing departments, and others. >Attend design meetings and communicate with applicants, architects, engineers, etc. as necessary to assist with plan review responses. >Other related tasks as assigned. Scope of Service for Project Exhibit A Teaming with Your Community to Make a Difference | www.WC-3.com 8 WC3 provides our clients the technical expertise they seek through a complete array of plan review services. The following is a list of professional aspects and services specific to this SOQ that we feel set WC3 apart in the industry. When combined with the administration of services previously described for the scope of services, the highlights below will assist our firm in the overall management of project costs, schedule, quality assurance and other issues relative to this project. >Licensed, Certified Team - WC 3 has ten (10) licensed structural engineers and twenty two (22) professional engineers on staff to meet the criteria noted in the Scope of Services. Many have performed engineering design work in the past, and all have performed hundreds of commercial, residential, institutional/ educational, MEP, structural and civil plan reviews throughout their career. Our team also includes six (6) Master Code Professionals, and many plans examiners certified by the International Code Council (ICC). >Plan Review Quality Control / Quality Assurance - WC3 provides a thorough assurance/quality control program through assignment of a senior-level manager who will follow the plan review project from submission to approval and completion. Weekly meetings are held for collaboration and clarification on any details, issues or questions and documents are thoroughly reviewed by the project manager prior to being released to the jurisdiction. Our entire team as a whole strives to always reference direct codes and to not make “best practice” comments as can be common in the industry. Our plans examiners are well versed in California Building Code, California Title 24 Energy and Accessibility requirements. Additionally, because sustainable design is one of the current goals in the construction industry, our review team has experience with the Existing Building Code, Green Building Standards Code, LEED, and other relevant building standards. Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. >Electronic Plan Review Methodology - To save time, money and resources, WC3 offers electronic/digital plan review capabilities to help simplify and automate the entire operation. In the past, WC 3 has worked with the City of Cupertino on previous projects utilizing this technology. WC3 highly recommends the continuance regarding electronic submittals, processing and issuance of projects. Electronic/digital plan review provides WC3 the ability to review, mark-up and transport plans of any size, electronically and delivers a high degree of cost effectiveness, time efficiency and environmentally friendly system. It also enables WC3 to offer the City of Cupertino full access to our entire team, company-wide, from any of our office locations, delivering an exceptional bank of expertise in all disciplines. >Special Projects, Meeting Availability & Technical Advice - When jurisdictions are understaffed, require specific expertise or feel overwhelmed with complex projects, WC3 is available to handle all technical aspects or project overflow. We serve in matters to help fulfill obligations and with reasonable notice are more than happy to join in on phone calls or attend special, local or regional meetings to help facilitate approval processes on behalf of the City. Team members are available to discuss projects with designers, construction teams, County employees and/or applicants. We strive for complete client satisfaction and whether it’s through telephone, email, web conference, or in person, WC3 team members are always ready to assist. >Comprehensive Jurisdictional Training - WC3 goes to great lengths to get to know each individual client. Not only is our staff highly trained in Building, Safety and Planning Code, but we take the time to understand Scope of Service for Project (Continued) Teaming with Your Community to Make a Difference | www.WC-3.com 9 the adopted codes and specialized policies, procedures, laws and ordinances of each individual jurisdiction. We comprehensively train our team prior to work commencement to help ensure our staff is current with our jurisdictional clients’ policies and fully prepared to properly comply with their rules and regulations. >Schedule Adherence - WC3’s comprehensive plan reviews will be performed in a prompt and expeditious manner to meet the City of Cupertino Bay Area Self Storage Project’s needs. We have reviewed the suggested guidelines as written in previously sent Request for Qualifications for expected turn-around times for plan review, and will be able to meet the City’s requests without complications. In many instances WC3 will even beat the suggested time standards. Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. For extraordinarily complex projects, WC3 will immediately contact the City and agree on an appropriate response time prior to starting the review. WC3 will meet the City’s established time frame standards as follows: >Expedited Services - Expedited or accelerated plan review can be accommodated upon request at anytime. Expedited plan reviews are a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedition, WC3’s typical plan review process is extremely easy to adapt. Clients simply submit projects according to standard protocols with a note highlighting that a project is to be expedited. The quality of WC3’s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five (5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received. (Continued) PLAN REVIEW SCHEDULE ADHERENCE All turnaround times have been specified from the day they are received in our offices. INITIAL (Business Days) EXPEDITED (Business Days) First Submittals 15 10 Second Submittals 10 5 Subsequent Submittals 10 5 Scope of Service for Project Teaming with Your Community to Make a Difference | www.WC-3.com 10 Project Team Organization Teaming with Your Community to Make a Difference | www.WC-3.com 11 Project Team Organization Plan Review Services For the City of Cupertino Bay Area Self Storage Project, WC3 has assembled a professional team of licensed professional engineers, structural engineers and land surveyors. Our team holds many International Code Council (ICC) certifications, including Master Code Professional, Electrical Code Specialists, Mechanical Code Specialists, Plumbing Code Specialists, Building Code Officials and building plans examiners. As requested in the RFQ, we have designated Key Personnel or Lead Plan Review Designees to help facilitate and manage projects. This is in addition to a designated Project Manager who will assist in overseeing the entire project as a whole. As previously mentioned on page 8 of this proposal, WC3 has ten (10) licensed structural engineers, twenty two (22) professional engineers (including fire protection engineers), and six (6) Master Code Professionals on staff throughout the company. All members of our plan review team are available to assist with project overflow should the workload necessitate. A Cohesive Team Many members of our plan review team have worked for WC3 for years. Therefore, they each have many years of experience working cohesively across disciplines on hundreds of jurisdictional projects. A portrayal and organization chart of WC3’s proposed Project Team can be viewed on the next page. No sub-consultants will be used in conjunction with the City of Cupertino Bay Area Self Storage Project. Teaming with Your Community to Make a Difference | www.WC-3.com 12 Project Team Organization (Continued) PLAN REVIEW LEAD FIRE AND LIFE SAFETY (BUILDING) PLAN REVIEW DESIGNEE Todd Snider, PE, SE, CBO FIRE AND LIFE SAFETY (BUILDING) LEAD STRUCTURAL PLAN REVIEW DESIGNEE Chris Kimball, PE, SE, MCP, CBO STRUCTURAL LEAD ACCESSIBILITY PLAN REVIEW DESIGNEE Saeed Amirazizi, PE, SE, CBO, CASp ACCESSIBILITY LEAD PLUMBING/MECHANICAL PLAN REVIEW DESIGNEE Donald Zhao, PE, MCP, CBO PLUMBING/MECHANICAL Plumbing/Mechanical Plan Review George Williams, MCP, CBO Sekhar Tatapudy Andrew Wallace LEAD ELECTRICAL PLAN REVIEW DESIGNEE Toby Johnson, PE ELECTRICAL LEAD ENERGY PLAN REVIEW DESIGNEE Chris Kimball, PE, SE, MCP, CBO ENERGY OVERALL PROJECT MANAGER Donald Zhao, PE, MCP, CBO WEST COAST CODE CONSULTANTS, INC. PRINCIPAL / CEO Giyan Senaratne, PE, SE, LEED AP Project Team Organization Chart: Fire and Life Safety (Building) Plan Review Eric Schneiderjohn, PE Yuri Shin, PE Zahra Fattah Andrew Wallace Areli Sanchez Structural Plan Review Greg Mason, PE Mike Molyneux, PE Daniel Mooney, PE Keith Ma, PE Yuri Shin, PE Scott Porter, PE Accessibility Plan Review Todd Snider, PE, SE, CBO Alexa Nielsen Electrical Plan Review Doug Smith, MCP, CBO George Williams, MCP, CBO Energy Plan Review Doug Smith, MCP, CBO Sekhar Tatapudy Teaming with Your Community to Make a Difference | www.WC-3.com 13 Key/Lead Personnel Qualification Information Teaming with Your Community to Make a Difference | www.WC-3.com 14 WC3 has established an experienced team of individuals that would seamlessly augment the City of Cupertino Bay Area Self Storage Project. Our South San Francisco and San Ramon Corporate office locations will serve as the primary management centers for this project with Mr. Donald Zhao, PE, MCP, CBO overseeing all disciplines. The following includes a brief summary of our proposed key contacts. Full resumes of the key/lead project team can be found in the Appendix, while copies of requisite licensing or certifications may be provided upon request. Mr. Giyan Senaratne, S.E., P.E., is the founder of WC3 and has more than 33 years of experience providing professional building and life safety services to numerous municipalities and government agencies. He is a registered structural engineer, a registered civil engineer, an ICC certified plans examiner, a LEED AP professional, and a former Certified Access Specialist (CASp). He has exceptional experience in managing projects and performing plan reviews or inspections for a wide variety of types of construction and occupancy groups. This includes simple residential homes, multi-family podium projects, high-rise structures, complex industrial plants, and large-scale power plants. He is actively involved with code development at the State level and is a sought-after educator for code trainings for building officials, design professionals, and contractor organizations. Giyan Senaratne, PE, SE, LEED AP - Principal / CEO Industry Experience: 35 Years with Firm: 16 ME Degree: Civil Engineering San Jose State University BS Degree: Civil Engineering San Jose State University Registered SE: California S4457; Washington 49198; Arizona 41242 Registered PE: California C46194; Washington 49198 ICC Certifications (5311292): Building Inspector LEED AP Credential Key/Lead PersonnelQualification Information (Continued) With over 20 years of experience in the construction industry and 14 of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets and uses every opportunity to expand his base of knowledge and share it with his team. A collaborative approach, with a strict standard of quality, has enabled Donald to lead WC3’s South San Francisco office with consistent growth. Donald’s technique and ambition serve as the foundation and goal for all his employees and sets him at the cutting edge of an industry constantly in search of innovation. As a Master Code Professional and Certified Building Official, Mr. Zhao has previous municipal experience serving a variety of jurisdictions with civil/public works plan review, building plan review and inspections in both disciplines. Ever in pursuit of improvement, Donald capitalized on his past City department experience and obtained his Professional Engineering license during these years. As a Vice President and Regional Manager of WC3, Donald continues to provide outstanding service to municipal clients and assists them in building strong foundations with interim building official duties, performing plan review services and various inspection duties. Donald Zhao, PE, MCP, CBO - Overall Senior Client Manager Years Experience: 16 Years with Firm: 9 BS Degree: Civil Engineering San Jose State University Registered PE: California 79273; CAL EMA Safety Assessment Program Evaluator: 81869 ICC Certifications (5300664): Master Code Professional Building Official / Code Official Accessibility Plans Examiner/Insp. Building Inspector Building Plans Examiner CA Commercial Mech. Inspector CA Commercial Plumb. Inspector CA Residential Building Inspector Combination Inspector Com. Building Inspector Com. Combination Inspector Commercial Electrical Inspector +16 Additional ICC Certifications Teaming with Your Community to Make a Difference | www.WC-3.com 15 Mr. Snider leads his team with a strong focus on quality and service for clients. He is a licensed structural engineer and an ICC certified building official, in addition to being a certified building, mechanical, energy, and accessibility plans examiner. Todd received his Master’s degree from the University of Utah and has performed plan reviews for several mixed-use development and multi-family projects, as well as serving as a primary plan review engineer for the City of Cupertino’s Apple Campus II project. Mr. Snider is an approved ICC instructor and is often invited to teach code classes to building official, design professional and contractor organizations all over the United States. With years of experience performing plan reviews of all building types, he brings a unique perspective and will serve WC3 as the Bay Area Self Storage Project’s Lead Fire and Life Safety (Building) Plan Review Designee. Todd Snider, PE, SE, CBO - Lead Fire and Life Safety (Building) Plan Review Designee Industry Experience: 16 Years with Firm: 11 ME Degree: Civil Engineering University of Utah BS Degree: Civil Engineering Utah State University Registered SE: California S6311; Washington 53396; Arizona 65835; Nevada 24835; Utah 7697949 Registered PE: California C80941; Washington 53396; Texas 107991 Utah 7697949 ICC Certifications (8158994): Certified Building Official Building Plans Examiner Building Inspector +11 Additional Certifications Key/Lead PersonnelQualification Information (Continued) Mr. Kimball currently serves as a Vice President of WC3 and is a licensed structural engineer, civil engineer and ICC Master Code Professional. He is also certified by ICC as a building official, fire code official, 3-way MEP Code Official, combination plans examiner/inspector, energy plans examiner/inspector, and as an accessibility plans examiner/inspector. He has performed building code administration and plan review services for thousands of projects throughout the Western United States. Chris has overseen many structural projects that involve Base Isolation Systems and has chaired many peer review panels where members of his team were responsible for analyzing 3-D models and providing feedback. Over his eighteen year-long career, he has built strong relationships with many third-party resources that provide structural analysis using 3-dimensional computer models and dynamic analysis methods. Chris is highly respected within the industry for his structural engineering and building code administration, and was invited by the International Code Council (ICC) to author the 2018 International Existing Building Code Handbook. He has also co- authored the 2018 and 2021 International Building Code Handbooks and is approved as an ICC training course instructor. On behalf of WC3, Mr. Kimball will serve as the Lead Structural Plan Review Designee. Chris Kimball, PE, SE, MCP, CBO - Lead Structural Plan Review Designee Industry Experience: 20 Years with Firm: 12 ME Degree: Civil Engineering BS Degree: Civil Engineering Registered SE: Utah 4775874 Registered PE: California C67857; Nevada 019503; Arizona 48503; Washington 53117 ICC Certifications (5309944): Master Code Professional Certified Building Official Certified Fire Code Official Combination Plans Examiner Combination Inspector + 34 Additional Certifications CAL-EMA Emergency Responder Teaming with Your Community to Make a Difference | www.WC-3.com 16 Mr. Amirazizi is a licensed structural engineer with over 35 years of experience enforcing building code requirements for structural design, seismic analysis, retrofit and plan checking of hospitals, public schools, commercial, industrial residential and public facilities involving all aspects of adopted code. He is a Certified Access Specialist and obtains invaluable experience as a Certified Building Official. Saeed has worked alongside Community Development Directors in various Southern California jurisdictions and has experience that includes organizing, scheduling, and supervising various building department activities as related to plan check, inspection and permit issuance. His extensive background provides him the ability to effectively coordinate and cross train across a variety of teams, disciplines, divisions and agencies to help resolve building code related issues and keep projects on task or on schedule. Mr. Amirazizi’s experience and background qualify him to serve as WC3’s Lead Accessibility Plan Review Designee for the City of Cupertino Bay Area Self Storage Project. Saeed Amirazizi, PE, SE, CBO, CASp - Lead Accessibility Plan Review Designee Industry Experience: 35 MS Degree: Structural Engineering Stanford University, 1984 BS Degree: Civil Engineering Northeastern University, 1980 Registered PE: California 43751 Registered SE: California S3499 ICC Certifications (0019700): Certified Building Official Building Code Specialist Building Plans Examiner Building Inspector Residential Building Inspector Commercial Building Inspector Accessibility Inspector/Plans Examiner Certified Access Specialist: CASp - 670 CA Certified Safety Assessment Evaluator - ID #69815 Key/Lead PersonnelQualification Information (Continued) Donald Zhao is a licensed professional engineer with over 14 years of experience working as an ICC certified Master Code Professional. Through this designation, Mr. Zhao has obtained certification as a Building Code Specialist, Plumbing Code Specialist and Mechanical Code Specialist, in addition to being certified as an ICC California state-specific Commercial Mechanical and Plumbing Inspector. He has years of experience reviewing and performing plan review analysis on the plumbing and mechanical systems of numerous new construction multi-family projects throughout California and the San Francisco Bay Area. His solid background in mechanical engineering fundamentals and advanced concepts have qualified him to understand the intricacies of various design systems, including heating and cooling, ventilation and energy recovery, air volume, natural gas piping, commercial water supply, waste and ventilation, hot water generation, hot water reclamation, building energy management, and more. Donald’s strong attributes in leadership and communication with an emphasis on high attention to detail and accuracy will serve him well as he takes the lead as the Lead Plumbing/Mechanical Plan Review Designee. Donald Zhao, PE, MCP, CBO - Lead Plumbing/Mechanical Plan Review Designee Years Experience: 16 Years with Firm: 9 BS Degree: Civil Engineering San Jose State University Registered PE: California 79273; CAL EMA Safety Assessment Program Evaluator: 81869 ICC Certifications (5300664): Master Code Professional Building Official / Code Official Accessibility Plans Examiner/Insp. Building Inspector Building Plans Examiner CA Commercial Mech. Inspector CA Commercial Plumb. Inspector CA Residential Building Inspector Combination Inspector Com. Building Inspector Com. Combination Inspector Commercial Electrical Inspector +16 Additional ICC Certifications Teaming with Your Community to Make a Difference | www.WC-3.com 17 Mr. Kimball currently serves as a Vice President of WC3 and is a licensed structural engineer, civil engineer and ICC Master Code Professional. He is also certified by ICC as a building official, fire code official, 3-way MEP Code Official, combination plans examiner/inspector, energy plans examiner/inspector, and as an accessibility plans examiner/inspector. He has performed building code administration and plan review services for thousands of projects throughout the Western United States. Chris has overseen the On-Call DCBO work for the past three years on behalf of the California Energy Commission and been involved with various energy projects, including Pio Pico, Carlsbad Energy Center, Orange Grove, Blythe Solar Power Project, Milford Wind Corridor Project and Thermo No. 1 Plant. Chris is an ICC approved instructor and has authored the 2018 International Existing Building Code Handbook and co-authored the 2018 and 2021 International Building Code Handbooks. Mr. Kimball will serve as the Lead Energy Plan Review Designee. Chris Kimball, PE, SE, MCP, CBO - Lead Energy Plan Review Designee Industry Experience: 20 Years with Firm: 12 ME Degree: Civil Engineering BS Degree: Civil Engineering Registered SE: Utah 4775874 Registered PE: California C67857; Nevada 019503; Arizona 48503; Washington 53117 ICC Certifications (5309944): Master Code Professional Certified Building Official Certified Fire Code Official Combination Plans Examiner Combination Inspector + 34 Additional Certifications CAL-EMA Emergency Responder Key/Lead PersonnelQualification Information (Continued) Mr. Johnson is a licensed electrical engineer as well as a licensed journeyman electrician. He has more than 15 years of experience on large commercial and residential electrical projects. Toby has shown a proficiency for reviewing electrical systems for complex industrial and power generation facilities from low to high voltages. His field experience as an electrician, in addition to his electrical engineering design background, provides him with an exemplary level of understanding that is to be desired by others in the industry. Mr. Johnson has performed electrical reviews of several California Energy Commission projects and his qualifications will allow him to serve as the Lead Electrical Plan Review Designee for the City of Cupertino Bay Area Self Storage Development. Toby Johnson, PE - Lead Electrical Plan Review Designee Years Experience: 17 Years with Firm: 6 BS Degree: Electrical Engineering Registered PE: California 22058 Registered PE: Utah 279628-2202 Registered Journeyman Teaming with Your Community to Make a Difference | www.WC-3.com 18 References Teaming with Your Community to Make a Difference | www.WC-3.com 19 >City of South San Francisco Phillip Perry Chief Building Official 315 Maple Avenue South San Francisco, CA 94080 phillip.perry@ssf.net (650) 928-6675 Services: 2015 to Present Building/Fire/Civil Plan Review, Inspections, Staff Augmentation WC3 is dedicated to providing our clients with excellent customer service and has been providing comprehensive plan review and additional services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to the City of Cupertino who we have served over the years, all of whom may be contacted as a reference. Associated projects related to the following jurisdictions may be viewed on the subsequent pages. References >City of Dublin Gregory Shreeve, CBO, CASp Chief Building Official 100 Civic Plaza Dublin, CA 94568 gregory.shreeve@dublin.ca.gov (925) 835-6628 Services: 2011 to Present Building Plan Review, Inspections, eProcess360 Software Platform >City of Hayward Omar Noorzad Acting Building Official 777 B St. Hayward, CA 94541 omar.noorzad@hayard-ca.gov (510) 583-4313 Services: 2010 to Present Building/Fire Plan Review, Inspection Services >City of Emeryville Charles Bryant Planning & Building Director 1333 Park Ave Emeryville, CA 94608 cbryant@emeryville.org (510) 596-4361 Services: 2006 to Present Building/Fire/Civil Plan Review, Inspections, Staff Augmentation >City of Redwood City Christina McTaggart Chief Building Official 1017 Middlefield Road Redwood City, CA 94063 cmctaggart@redwoodcity.org (650) 780-7350 Services: 2011 to Present Building/Fire Plan Review, Fire Marshal, Fire Inspections >City of San Carlos Christopher Valley, CBO Chief Building Official 600 Elm St San Carlos, CA 94070 cvalley@cityofsancarlos.org (650) 802-4262 Services: 2016 to Present Building/Fire Plan Review, Development Review, Inspections, Staff Augmentation Teaming with Your Community to Make a Difference | www.WC-3.com 20 References Our professional team has experience reviewing various construction types and occupancies, including schools, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable projects displaying WC3’s diverse expertise. Throughout each project our team applied a comprehensive understanding of multiple building codes and worked cohesively with design teams to help resolve code issues. As the percentage of work fluctuates and varies with each individual project, WC3 staffing was assigned per the clients’ needs and based upon the project’s scope of work. All project schedules were adhered to and all project work was completed on time. COMMUNITY CIVIC CAMPUS Occupancy: A-2, A-3, B, S-2 Year : 2019 - Ongoing Location: South San Francisco, CA Valuation: $210M A forward thinking civic presence for the City of South San Fransisco that will include multi-functional, multi-user and interactive facilities. Built in three phases the project will include a police facility, library, parks and recreation center, community theater, city council chamber, parking garage and fire station. Phillip Perry | (650) 829-6670, x6675 | phillip.perry@ssf.net APPLE PARK Occupancy: Varies Year : 2013-2019 Location: Cupertino, CA Valuation: $4.17B WC3 provided the architectural and structural plan review for this project, which spans four stories above grade and two stories below grade, totaling 4.3 million SF. WC3 assisted with all aspects of plan review including, electrical reviews of the solar rooftop panels, original structural and building plan reviews and review of changes during construction, as well as documents control and transportation. Albert Salvador | (408) 777-3206 | alberts@cupertino.org KILROY OYSTER POINT LIFE SCIENCE CAMPUS Occupancy: Varies Year: 2018 - Ongoing Location: South San Francisco, CA Valuation: Varies Oyster Point transformed the South San Francisco waterfront into a transit-oriented life science campus. This ongoing project entails approximately 40 acres and 2.5 million SF of a landfill site, directly on the coastline, within a tsunami inundation zone. WC3 has assisted in performing various projects in the civil, fire and life safety and structural plan review disciplines for this enormous development. Ongoing projects associated with tenant improvements, research labs, office space and new construction continue to this day. Phillip Perry | (650) 829-6670, x6675 | phillip.perry@ssf.net Teaming with Your Community to Make a Difference | www.WC-3.com 21 References (Continued) SOUTHLINE LIFE SCIENCE CAMPUS Occupancy: Varies Year : 2019 - Ongoing Location: South San Francisco, CA Valuation: Unknown The Southline project is a mixed-use, transit-oriented development in South San Francisco. Steps away from BART and Caltrain, this innovative 7-building campus on 27 acres of former vacant lots and warehouses will revitalize the area by adding up to 3M SF of Class A office and life science space. WC3 performed the preliminary review, civil (C3) reviews, as well as comprehensive building plan reviews. Phillip Perry | (650) 829-6670, x6675 | phillip.perry@ssf.net GATEWAY AT MILLBRAE STATION DEVELOPMENT Occupancy: R-2, S-2, A-3, M Year : 2020-Ongoing Location: Millbrae, CA Valuation: Unknown Gateway at Millbrae Station is a neighborhood-defining community delivering quality spaces for people to live, work, shop, and dine. The transit oriented project located east of the Millbrae Intermodal Station entails a 6-story mixed-use building consisting of retail, lab and office spaces. The site also includes a 2-story parking garage, 400 residential homes and a hotel. WC 3 provided various plan review services of the original and revised construction documents and is also providing building inspection services. Val Mandapat | (650) 259-2403 | vmandapat@ci.millbrae.ca.us ELCO YARDS - SOUTH MAIN MIXED-USE DEVELOPMENT Occupancy: Varies Year : 2019-Ongoing Location: Redwood, CA Valuation: Unknown Spanning six (6) blocks on 8.3 acres of land, the Elco Yards South Main mixed-used development project will feature four life science buildings (530,000 SF of office, 28,841 SF of retail and a 8,367 SF child care facility); two residential communities (including 540 multi-family residential units with 147 affordable units), as well as green space open to the public. WC3 performed preliminary reviews, comprehensive building reviews as well as fire and life safety reviews for the City. Christina McTaggart | (650) 780-7350 | cmctaggart@redwoodcity.org YOUTUBE GLOBAL HEADQUARTERS | PHASE 1 & PHASE 2 Occupancy: Varies Year : 2017-Ongoing Location: San Bruno, CA Valuation: N/A WC3 has performed various projects across a variety of building types and structures for the online video company, YouTube. Project scope for a planned decade-long expansion and redevelopment of the global headquarters with four new buildings will ultimately include two phases. WC3 has performed plan reviews associated with building and fire life safety, as well as review of systems for fire alarms, sprinklers, two-way communication, emergency responder and more. Darcy Axiaq | (650) 616-7020 | daxiaq@sanbruno.ca.gov Teaming with Your Community to Make a Difference | www.WC-3.com 22 SHERWIN WILLIAMS MIXED USE DEVELOPMENT Location: Emeryville, CA Year : 2016 - Ongoing This project entails 10 acres of project site, divided into five parcels, to accommodate 500 rental residential units, office space, retail/ restaurant and gallery, meeting space in four new buildings, combining 86,000 square feet. WC3 administered complete building plan review services and is assisting with building inspection services as well. Charles Bryant | (510) 596-4361 | cbryant@emeryville.org NEIGHBORHOODS AT THE BOULEVARD Location: Dublin, CA Year : 2017 - Ongoing The Neighborhoods at the Boulevard project is a one of kind community comprised of 10 different neighborhoods that include town-homes, single-family detached homes, penthouses and flats. WC3 performed complete plan review of various structures and facilities within the project. Gregory Shreeve, Sr., CBO, CASp | (925) 833-6620 gregory.shreeve@dublin.ca.gov References (Continued) 1409 EL CAMINO REAL Location: Redwood City, CA Year : 2017 - Ongoing 1409 El Camino Real consists of three underground garage levels and eight stories above grade. Constructed as entirely Type I-A, the building sprawls across 71,500 square feet, with a total build- ing square footage of 558,519. WC3 performed the complete architectural, structural and fire plan review. Christina McTaggart | (650) 780-7350 | cmctaggart@redwoodcity.org LINCOLN LANDING Location: Hayward, CA Year : 2018 This 7-story structure provided the City of Hayward with 474 residential units, over 100,000 square feet of parking, and almost 200,000 square feet of retail space. The massive downtown mixed use development totals 883,152 square feet and consists of type I-A and III-A construction. WC3 provided the complete building review for this 93 million dollar project. Omar Noorzad | (510) 583-4313 | omar.noorzad@hayward-ca.gov Teaming with Your Community to Make a Difference | www.WC-3.com 23 Rate and Service Structure Teaming with Your Community to Make a Difference | www.WC-3.com 24 Rate and Service Structure WC3 Proposed Fee Schedule *Additional notes and details included on the subsequent page. PLAN REVIEW SERVICES FIXED FEE / CONTRACT RATES Comprehensive Residential Plan Review 65% of Plan Review Fees Collected by the City Comprehensive Commercial Plan Review 65% of Plan Review Fees Collected by the City Residential Structural Only Plan Review 45% of Plan Review Fees Collected by the City Commercial Structural Only Plan Review 45% of Plan Review Fees Collected by the City Revisions / Deferred Submittals, RFIs / ASIs, Etc.As Per Hourly Rates Below Minimum Plan Review Fee $290 (2-Hour Minimum Rate) Expedited Plan Review 150% of Contract Rates Electronic Plan Review / Auto Coordination No Additional Cost BUILDING DEPARTMENT SERVICES HOURLY RATES Chief Building Official $160.00 / Hour Senior Client/Project Manager $150.00 / Hour CASp Plan Reviewer / Inspector $150.00 / Hour Plan Review Structural Engineer (Registered SE)$150.00 / Hour Plan Review Engineer (Registered PE / FPE)$145.00 / Hour ICC Certified Building / Fire Plan Reviewer $135.00 / Hour ICC Certified Senior Building Inspector $145.00 / Hour ICC Certified Building Inspector III $140.00 / Hour ICC Certified Building Inspector II (Commercial)$135.00 / Hour ICC Certified Building Inspector I (Residential)$125.00 / Hour ICC Certified Permit Technician $85.00 / Hour Administrative / Counter Support $85.00 / Hour Expedited Plan Review 150% of Hourly Rates MISCELLANEOUS SERVICES HOURLY RATES Reimbursable Expenses At Cost + 10% Courier/Delivery Expenses No Additional Cost Mileage Expenses Hourly Rate + IRS Standard Rate WC3 proposes the following fees based on a percentage of the plan review fees collected by the City of Cupertino. A listing of hourly rates additionally depicts fees proposed for all personnel assigned to this project. Teaming with Your Community to Make a Difference | www.WC-3.com 25 Rate and Service Structure (Continued) Plan Review Services - Plan check services include an initial review, second review and minor third review (if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City. Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount. Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours' notice. This service will be accommodated for both percentage based and fixed fee/contract rate packages, as well as for hourly rate contracts and services. Electronic Plan Review - Electronic plan review services will be performed for percentage-based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated with in- house City services. WC3 will automatically coordinate all processes. Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2023. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater. Prevailing Wage Assignments - Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California's Department of Industrial Relations (DIR) regulations. On-Site, In-House or Inspection Services - On site or in-house services (plan review, permit technician, CBO services) will be provided in eight (8) hour segments. A four (4) hour minimum is required for all requested inspection services. Certified Building Official rates will be dependent upon proposed candidate. Overtime - On-site, in-house or inspection services more than forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows: • Overtime – One hundred fifty percent (150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week • Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work. • Holidays and Weekends – Two hundred percent (200%) of regular rates. Reimbursable Expenses - Reimbursable expenses (i.e., specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up. Courier / Delivery Expenses - Should the need arise, WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost. Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service’s (IRS) standard mileage rate. * Teaming with Your Community to Make a Difference | www.WC-3.com 26 Appendix - Resumes Giyan Senaratne, PE, SE, LEED AP 27 Donald Zhao, PE, MCP, CBO 28 Todd Snider, PE, SE, CBO 29 Chris Kimball, PE, SE, MCP, CBO 30 Saeed Amirazizi, SE, CBO, CASp 31 Toby Johnson, PE 32 Order of Resumes: 27 28 29 30 31 32 Exhibit B Insurance Requirements for Professional/Specialized Services Agreement 1 Version: Jan. 2022 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement 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 (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor'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 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 Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), 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 if Contractor provides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not EXHIBIT C Insurance Requirements Professional/Specialized Services Agreement Insurance Requirements for Professional/Specialized Services Agreement 2 Version: Jan. 2022 available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’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 Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services. 3. 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original 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 to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. 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 4/21/2022 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Jennifer Aguirre (510)465-3090 DesignProCerts@AssuredPartners.com License#:6003745 XL Specialty Insurance Company 37885 WESTCOAST5 Sentinel Insurance Company 11000WestCoastCodeConsultants,Inc. 5000 Executive Parkway,Suite 510 San Ramon,CA 94583 (925)275-1700 Trumbull Insurance Company 27120 HARTFORD INSURANCE COMPANY 38288 676882476 B X 2,000,000 X 1,000,000 X Contractual Liab 10,000 2,000,000 4,000,000 X Y Y 57SBWBO3190 4/28/2022 4/28/2023 4,000,000 C 1,000,000 X X X Y Y 57UEGBC6531 4/28/2022 4/28/2023 B X X 4,000,000Y57SBWBO31904/28/2022Y 4/28/2023 4,000,000 X 10,000 D X Y Y 57WEGAR9X7K 4/28/2022 4/28/2023 1,000,000 1,000,000 1,000,000 A Professional Liability Claims Made Y DPR9992374 4/28/2022 4/28/2023 $2,000,000 $4,000,000 per Claim Annual Aggregate Project Name:Apple Campus 2 --The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes Waiver of Subrogation per the attached. 30 Day Notice of Cancellation City of Cupertino 10300 Torre Avenue Cupertino CA 95014-3255 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 11 of 24 (b)Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that property; and (2)Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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; and b.Coverage under this provision does not apply to: (1)"Bodily injury" or "property damage" that occurred; or (2)"Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a."Bodily injury" to a co-"employee" of the person driving the equipment; or b."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a."Bodily injury" to a co-"employee" of the person operating the watercraft; or b."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a.through f.below are additional insureds when you have agreed, in a written Policy # 57SBWBO3190 57SBWBO3190 BUSINESS LIABILITY COVERAGE FORM Page 12 of 24 Form SS 00 08 04 05 contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F.– Optional Additional Insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), 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 and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1)The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a)"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; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)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; (e)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; (f)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g)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 (h)"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: (i)The exceptions contained in Subparagraphs (d)or (f); or (ii)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. (2)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. b. Lessors Of Equipment (1)Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Policy # 57SBWBO3190 57SBWBO3190 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 13 of 24 (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1)Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a)Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b)Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1)Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In connection with your premises; or (b)In the performance of your ongoing operations performed by you or on your behalf. (2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b)Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1)Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a)"Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b)"Bodily injury" or "property damage" included within the "products- completed operations hazard". f. Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations; (b)In connection with your premises owned by or rented to you; or (c)In connection with "your work" and included within the "products- completed operations hazard", but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Policy # 57SBWBO3190 57SBWBO3190 BUSINESS LIABILITY COVERAGE FORM Page 14 of 24 Form SS 00 08 04 05 (a)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b)Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D.– Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E.– Liability And Medical Expenses General Conditions. 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a.Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b.Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a.or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b.above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a.The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b.The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Policy # 57SBWBO3190 57SBWBO3190 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 15 of 24 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a.and b.apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1)You or any additional insured that is an individual; (2)Any partner, if you or an additional insured is a partnership; (3)Any manager, if you or an additional insured is a limited liability company; (4)Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5)Any trustee, if you or an additional insured is a trust; or (6)Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Policy # 57SBWBO3190 57SBWBO3190 BUSINESS LIABILITY COVERAGE FORM Page 16 of 24 Form SS 00 08 04 05 This Paragraph f.applies separately to you and any additional insured. 3. Financial Responsibility Laws a.When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b.With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us; and (3)We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you 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; (4) Aircraft, Auto Or Watercraft 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 A.– Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k.of Section A.– Coverages. Policy # 57SBWBO3190 57SBWBO3190 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 17 of 24 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a)and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, 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. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Policy # 57SBWBO3190 57SBWBO3190 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured"than other provisions of the Coverage Form, the provisions of this endorsement apply. 1.BROAD FORM INSURED d.Any "employee"of yours while using a covered "auto"you don't own,hire or A.Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations personal affairs.The Named Insured shown in the C.Lessors as InsuredsDeclarations is amended to include: Paragraph A.1.-WHO IS AN INSURED -of (1)Any legal business entity other than a Section II -Liability Coverage is amended topartnershiporjointventure,formed as a add:subsidiary in which you have an ownership interest of more than 50%on e.The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto"is leased to you under a written However,the Named Insured does not agreement if: include any subsidiary that is an (1)The agreement requires you to"insured"under any other automobile provide direct primary insurance for policy or would be an "insured"under the lessor andsuchapolicybutforitsterminationor (2)The "auto"is leased without a driver.the exhaustion of its Limit of Insurance. Such a leased "auto"will be considered a (2)Any organization that is acquired or covered "auto"you own and not a covered formed by you and over which you "auto"you hire.maintain majority ownership.However, the Named Insured does not include any D.Additional Insured if Required by Contract newly formed or acquired organization:(1)Paragraph A.1.-WHO IS AN INSURED (a)That is a partnership or joint -of Section II -Liability Coverage is venture,amended to add: (b)That is an "insured"under any other f.When you have agreed,in a written policy,contract or written agreement,that a (c)That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or (d)180 days or more after its organization is an "insured", but only acquisition or formation by you, to the extent such person orunlessyouhavegivenusnoticeof organization is liable for "bodilythe acquisition or formation. injury"or "property damage"causedCoveragedoesnotapplyto"bodily by the conduct of an "insured" under injury"or "property damage"that results paragraphs a.or b.of Who Is Anfroman"accident"that occurred before Insured with regard to theyouformed or acquired the organization. ownership,maintenance or use of a B.Employees as Insureds covered "auto." Paragraph A.1.-WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 1 of 5of ISO Properties,Inc.,with its permission.) 57UEGBC6531 E.Primary and Non-Contributory ifTheinsuranceaffordedtoanysuch Required by Contractadditionalinsuredappliesonlyifthe "bodily injury"or "property damage"Only with respect to insurance provided to occurs:an additional insured in 1.D.-Additional (1)During the policy period, and Insured If Required by Contract,the following provisions apply:(2)Subsequent to the execution of such written contract, and (3)Primary Insurance When Required By Contract(3)Prior to the expiration of the period of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured.agreement that this insurance be primary.If other insurance is also (2)How Limits Apply primary,we will share with all that otherIfyouhaveagreedinawrittencontractinsurancebythemethoddescribedinorwrittenagreementthatanother Other Insurance 5.d.person or organization be added as an (4)Primary And Non-Contributory To Otheradditionalinsuredonyourpolicy,the Insurance When Required By Contractmostwewillpayonbehalfofsuch additional insured is the lesser of:If you have agreed in a written contract or written agreement that this insurance(a)The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance,this agreement; or insurance is primary and we will not(b)The Limits of Insurance shown in seek contribution from that otherthe Declarations.insurance. Such amount shall be a part of and not (3)(4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredintheDeclarationsanddescribedinthishasbeen added as an additional insured.Section. When this insurance is excess,we will have no (3)Additional Insureds Other Insurance duty to defend the insured against any "suit"if If we cover a claim or "suit"under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit".If no other insurer by other insurance available to an defends,we will undertake to do so,but we will additional insured,such additional be entitled to the insured's rights against all insured must submit such claim or "suit"those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity. insurance,we will pay only our share of the However,this provision does not apply amount of the loss,if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1)The total amount that all such otherthatthisinsuranceisprimaryandnon-insurance would pay for the loss in thecontributorywiththeadditionalinsured's absence of this insurance; andowninsurance. (2)The total of all deductible and self-insured (4)Duties in The Event Of Accident,Claim,amounts under all that other insurance.Suit or Loss We will share the remaining loss,if any,by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another 2.AUTOS RENTED BY EMPLOYEESpersonororganizationbeaddedasan additional insured on your policy,the Any "auto"hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto"you hire. CONDITIONS 2.-DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT,CLAIM ,SUIT by adding the following: OR LOSS –OF SECTION IV – BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 2 of 5of ISO Properties,Inc.,with its permission.) 5 PHYSICAL DAMAGE -ADDITIONALIfan"employee’s"personal insurance also . TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto" COVERAGEhiredorrentedbyyour"employee"on your behalf and at your direction,this insurance will Paragraph A.4.a.of SECTION III -PHYSICAL be primary to the "employee’s"personal DAMAGE COVERAGE is amended to provide a insurance.limit of $50 per day and a maximum limit of 3.AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. 6.LOAN/LEASE GAP COVERAGEEXCLUSION5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not Under SECTION III -PHYSICAL DAMAGE apply if you have workers'compensation COVERAGE,in the event of a total "loss"to a insurance in-force covering all of your covered "auto",we will pay your additional legal "employees".obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto"at the time of the "loss" insurance.and the "outstanding balance"of the loan/lease. 4.HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance"means the amount you owe on the loan/lease at the time of "loss"less If hired "autos"are covered "autos"for Liability any amounts representing taxes;overdueCoverageandifComprehensive,Specified payments;penalties,interest or chargesCausesofLoss,or Collision coverages are resulting from overdue payments;additionalprovidedunderthisCoverageFormforany mileage charges;excess wear and tear charges;"auto"you own,then the Physical Damage lease termination fees;security deposits not Coverages provided are extended to "autos" you returned by the lessor;costs for extendedhire or borrow,subject to the following limit. warranties,credit life Insurance,health,accidentThemostwewillpayfor"loss"to any hired or disability insurance purchased with the loan or "auto"is:lease;and carry-over balances from previous (1)$100,000;loans or leases. (2)The actual cash value of the damaged or 7.AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B.EXCLUSIONS -of (3)The cost of repairing or replacing the SECTION III -PHYSICAL DAMAGE damaged or stolen property,COVERAGE, the following is added: whichever is smallest,minus a deductible.The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto"for that airbag. coverage. No deductible applies to "loss"caused 8.ELECTRONIC EQUIPMENT -BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible a.The exceptions to Paragraphs B.4 -insurance.Subject to the above limit,deductible EXCLUSIONS -of SECTION III -PHYSICAL and excess provisions,we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following:covered "auto"you own. 4.c.4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto" equipment designed to be operated solelyifitresultsfroman"accident",you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that,at the time of "loss", loss,subject to a maximum of $1000 per is:"accident". (1)Permanently installed in or upon This extension of coverage does not apply to the covered "auto";any "auto"you hire or borrow from any of your "employees",partners (if you are a partnership),(2)Removable from a housing unit members (if you are a limited liability company),which is permanently installed in or members of their households.or upon the covered "auto"; (3)An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 3 of 5of ISO Properties,Inc.,with its permission.) (4)Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc.company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system.the same "accident", the following applies: b.Section III –Version CA 00 01 03 10 of the (1)If the deductible under this Business Auto Business Auto Coverage Form,Physical Coverage Form is the smaller (or smallest) Damage Coverage,Limit of Insurance,deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2)If the deductible under this Business Auto the Business Auto Coverage Form,Physical Coverage Form is not the smaller (or Damage Coverage,Limit of Insurance, smallest)deductible,it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following:deductible. $1,500 is the most we will pay for "loss"in 12.AMENDED DUTIES IN THE EVENT OF any one "accident"to all electronic ACCIDENT, CLAIM,SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a.-solely for the reproduction of sound,and DUTIES IN THE EVENT O F ACCIDENT,CLAIM,accessories used with such equipment)SUIT OR LOSS -of SECTION IV -BUSINESSthatreproduces,receives or transmits AUTO CONDITIONS that you must notify us of audio,visual or data signals which,at the an "accident"applies only when the "accident" istime of "loss", is:known to: (1)Permanently installed in or upon (1)You, if you are an individual;the covered "auto"in a housing, (2)A partner, if you are a partnership;opening or other location that is not normally used by the "auto"(3)A member,if you are a limited liability manufacturer for the installation of company;or such equipment; (4)An executive officer or insurance manager, if (2)Removable from a permanently you are a corporation. installed housing unit as described 13.UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a.above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3)An integral part of such equipment.existing at the inception date of your policy,we c.For each covered "auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only,our obligation to Form because of such failure. pay for,repair,return or replace damaged or 14.HIRED AUTO -COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby Paragraph e.of GENERAL CONDITIONS 7.-the applicable deductible shown in the POLICY PERIOD,COVERAGE TERRITORY -Declarations,or $250,whichever deductible is of SECTION IV -BUSINESS AUTO less. CONDITIONS is replaced by the following:9.EXTRA EXPENSE -BROADENED e.For short-term hired "autos",the coverageCOVERAGE territory with respect to Liability Coverage isUnderParagraphA.- COVERAGE -of SECTION anywhere in the world provided that if theIII-PHYSICAL DAMAGE COVERAGE,we will "insured's"responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury"or "property damage"is "auto"to you.determined in a "suit," the "suit" is brought in 10.GLASS REPAIR -WAIVER OF DEDUCTIBLE the United States of America,the territories and possessions of the United States ofUnderParagraphD.-DEDUCTIBLE -of SECTION America,Puerto Rico or Canada or in a III -PHYSICAL DAMAGE COVERAGE,the settlement we agree to.following is added: 15.WAIVER OF SUBROGATIONNodeductibleappliestoglassdamageifthe glass is repaired rather than replaced.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV -11.TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnderParagraphD.-DEDUCTIBLE -of SECTION adding the following:III -PHYSICAL DAMAGE COVERAGE,the following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 4 of 5of ISO Properties,Inc.,with its permission.) We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss,the most we will pay under this you have a written contract that requires such Hybrid,Electric,or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form."loss"is $10,000. 16.RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury"in SECTION V-a.A "non-hybrid"auto is defined as an auto that DEFINITIONS is replaced by the following:uses only an internal combustion engine to move the auto but does not include autos"Bodily injury"means bodily injury,sickness or powered solely by electricity or natural gas.disease sustained by any person,including mental anguish or death resulting from any of b.A "hybrid"auto is defined as an auto with an these.internal combustion engine and one or more electric motors;and that uses the internal17.EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2.of the COMMON POLICY motors to move the auto,or the internal CONDITIONS -CANCELLATION -applies combustion engine to charge one or more except as follows:electric motors, which move the auto. If we cancel for any reason other than 19.VEHICLE WRAP COVERAGEnonpaymentofpremium,we will mail or deliver In the event of a total loss to an "auto"for whichtothefirstNamedInsuredwrittennoticeof Comprehensive,Specified Causes of Loss,orcancellationatleast60daysbeforetheeffective Collision coverages are provided under thisdate of cancellation. Coverage Form,then such Physical Damage18.HYBRID,ELECTRIC,OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid"auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive,Specified Causes of which are displayed on the covered "auto"at theLoss,or Collision coverages are provided under time of total loss.Regardless of the number ofthisCoverageForm,then such Physical autos deemed a total loss,the most we will pay Damage Coverages are amended as follows:under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid"auto or any one "loss"is $5,000.For purposes of this an auto powered solely by electricity or natural coverage provision,signs or other graphics gas,we will pay an additional 10%,to a painted or magnetically affixed to the vehicle are maximum of $2,500,of the "non-hybrid"auto’s not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 5 of 5of ISO Properties,Inc.,with its permission.) Û²¼±®-»³»²¬ Ò«³¾»®æ Ûºº»½¬·ª» ¸±«® ·- ¬¸» -¿³» ¿- -¬¿¬»¼ ±² ¬¸» ײº±®³¿¬·±² п¹» ±º ¬¸» °±´·½§ò б´·½§ Ò«³¾»®æ Ûºº»½¬·ª» Ü¿¬»æ Ò¿³»¼ ײ-«®»¼ ¿²¼ ß¼¼®»--æ Ú±®³ ÉÝ ðð ðí ïí Ю·²¬»¼ ·² ËòÍòßò Ю±½»-- Ü¿¬»æ ßÒÇ ÐÛÎÍÑÒ ÑÎ ÑÎÙßÒ×ÆßÌ×ÑÒ ÚÎÑÓ ÉØÑÓ ÉÛ ÇÑË ßÎÛ ÎÛÏË×ÎÛÜ ÞÇ ÉÎ×ÌÌÛÒ ÝÑÒÌÎßÝÌ ÑÎ ßÙÎÛÛÓÛÒÌ ÌÑ ÑÞÌß×Ò ÌØ×Í Éß×ÊÛÎ ÑÚ Î×ÙØÌÍ ÚÎÑÓ ËÍò ÌØ×Í ÛÒÜÑÎÍÛÓÛÒÌ ÝØßÒÙÛÍ ÌØÛ ÐÑÔ×ÝÇò ÐÔÛßÍÛ ÎÛßÜ ×Ì ÝßÎÛÚËÔÔÇò ݱ«²¬»®-·¹²»¼ ¾§ ß«¬¸±®·¦»¼ λ°®»-»²¬¿¬·ª» б´·½§ Û¨°·®¿¬·±² Ü¿¬»æ Éß×ÊÛÎ ÑÚ ÑËÎ Î×ÙØÌ ÌÑ ÎÛÝÑÊÛÎ ÚÎÑÓ ÑÌØÛÎÍ ÛÒÜÑÎÍÛÓÛÒÌ É» ¸¿ª» ¬¸» ®·¹¸¬ ¬± ®»½±ª»® ±«® °¿§³»²¬- º®±³ ¿²§±²» ´·¿¾´» º±® ¿² ·²¶«®§ ½±ª»®»¼ ¾§ ¬¸·- °±´·½§ò É» ©·´´ ²±¬ »²º±®½» ±«® ®·¹¸¬ ¿¹¿·²-¬ ¬¸» °»®-±² ±® ±®¹¿²·¦¿¬·±² ²¿³»¼ ·² ¬¸» ͽ¸»¼«´»ò ̸·- ¿¹®»»³»²¬ -¸¿´´ ²±¬ ±°»®¿¬» ¼·®»½¬´§ ±® ·²¼·®»½¬´§ ¬± ¾»²»º·¬ ¿²§±²» ²±¬ ²¿³»¼ ·² ¬¸» ͽ¸»¼«´»ò ÍÝØÛÜËÔÛ 57WEGAR9X7K 04/28/2022 West Coast Code Consultants,Inc. San Ramon,CA 94583 (925)275-1700 04/28/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Policy Expiration Date: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us 57WEGAR9X7K 04/28/2022 West Coast Code Consultants,Inc. San Ramon,CA 94583 (925)275-1700 04/28/2023