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20-093 4LEAF, Inc., On-Call Inspections
On Call inspections Page 1 of 9 Professional/Consulting Contracts /Version: April 2020 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and 4LEAF INC (“Contractor”), a for On Call inspections, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and Social Distancing Requirements, attached here and incorporated as Exhibit A-A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on and shall be completed by June 30, 2023. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $22,500.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. On Call inspections Page 2 of 9 Professional/Consulting Contracts /Version: April 2020 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. On Call inspections Page 3 of 9 Professional/Consulting Contracts /Version: April 2020 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. On Call inspections Page 4 of 9 Professional/Consulting Contracts /Version: April 2020 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. On Call inspections Page 5 of 9 Professional/Consulting Contracts /Version: April 2020 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. 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 On Call inspections Page 6 of 9 Professional/Consulting Contracts /Version: April 2020 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 Paul O’Sullivan 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 Craig Tole as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of 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. On Call inspections Page 7 of 9 Professional/Consulting Contracts /Version: April 2020 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this 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. On Call inspections Page 8 of 9 Professional/Consulting Contracts /Version: April 2020 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: Paul O’Sullivan Email: paulos@cupertino.org To Contractor: 4LEAF INC 2110 Rheem Drive, STE A Pleasanton CA 94588 Attention: Craig Tole Email: ctole@4leafinc.com 27. VALIDITY OF CONTRACT This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney’s Office. 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. On Call inspections Page 9 of 9 Professional/Consulting Contracts /Version: April 2020 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date Tax I.D. No.: 94-3393574 APPROVED AS TO FORM: HEATHER M. MINNER Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date President Jul 15, 2020 Kevin Duggan Heather M. Minner Jul 22, 2020 Dir of CDD Benjamin Fu Jul 22, 2020 Revised: April 30, 2020 – Services Agreements 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. As long as required by the operative Health Order or other Health Laws, these measures shall include, but are not limited to, the following: 1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to any project site or any work area to workers who are necessary to perform in-person work. Require non-essential personnel to work from home to the extent possible. Avoid all non-essential travel. 2. Distancing. Where workers perform in-person work at a project site or a work area, prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception Revised: April 30, 2020 – Services Agreements 2 of any physical contact required for worker safety or to comply with safety Laws. Prohibit workers from sharing a vehicle. E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. 1229192.7 Page 1 of 6 Exhibit A: Scope of Services July 9, 2020 Exhibit A: Scope of Services 4LEAF can provide Building and Fire Plan Review, Building Inspection, Fire Inspection, Code Enforcement, and Permit Technician Services to the City of Cupertino. 4LEAF, Inc. (4LEAF) is a California “C” Corporation that was established in 1999 and incorporated in 2001. Our extensive team of engineers and managers are fully equipped with training and experience that help inform the plan review, project inspection, and on‐call inspection services they provide to municipal Building and Public Works Departments. Our goal is to set the industry standard for excellent customer service, and we have grown to more than 300 personnel (including more than 175 Building Inspectors) throughout California, Washington, Nevada, and New England. 4LEAF will not utilize subconsultants and is capable of providing any amount of full‐ time or part‐time personnel required for this contract. Principal/Management Team: Bay Area ‐ Corporate Office Sacramento Office Southern California Area Office 2126 Rheem Drive 8896 North Winding Way 5140 Birch Street, Second Floor Pleasanton, CA 94588 Fair Oaks, CA 95628 Newport Beach, CA 92660 Washington Office New England Office 4LEAF Consulting, LLC 1201 Pacific Avenue, Suite 600 132 Central St., STE 210 125 E. Reno Ave. Suite 3 Tacoma, WA 98402 Foxboro, MA 02035 Las Vegas, NV 89119 4LEAF maintains the largest database of qualified personnel of varied qualifications. Title # of Staff Title # of Staff ICC Certified Plans Examiners 40+ ICC Certified Inspectors & Inspectors of Record 175+ ICC Certified Building Officials 18 Registered Architects 3 Registered Engineers (PE, SE) 20 ICC Permit Technicians 29 Code Enforcement Staff (PC832) 12 CASp 9 Construction Managers/Inspectors 40+ Fire Plan Check and Inspection 17 4LEAF has a proven track record of reviewing and inspecting projects of all sizes and complexities including: High‐Profile Type B Commercial Construction Refinery Facilities City/County‐Owned Facilities Site Work Large Campuses Waterfront Fire Recovery Services Multi‐Family Projects Stadiums/Arenas Health Care Facilities Commercial Office Parks Transportation Facilities Detention/Criminal Justice Facilities Commercial Shopping Centers Essential Service Facilities Marijuana Facilities Laboratories Large‐Scale Residential / Master Planned Military Projects Power & Energy President: Kevin Duggan (P) – (925) 462‐5959 (E) – kduggan@4leafinc.com Vice President: Bert Gross, P.E. (P) – (916) 965‐0010 (E) – bgross@4leafinc.com Vice President: Gene Barry, P.E. (P) – (925) 462‐5959 (E) – gbarry@4leafinc.com Director: Craig Tole (C) – (925) 580‐4055 (E) – ctole@4leafinc.com Page 2 of 6 Exhibit A: Scope of Services July 9, 2020 As an experienced firm, 4LEAF has approaches to working with clients that differ from those you might encounter with a large corporation. The 4LEAF philosophy is to be the best firm by providing our clients with outstanding customer service and first‐rate plan review and inspection services. We put our philosophy into action by building client relationships and prioritizing the needs of our clients—this has led us to become the industry leader in providing Building Department Services to both public and private clients throughout California. 4LEAF has provided plan review and inspection services for numerous projects including marijuana facilities office campuses, parking garages, transportation facilities, city/county‐owned buildings, universities, public schools, hospitals, sports arenas, infrastructure, essential service facilities, solar projects, and laboratories. 4LEAF has also performed thousands of plan reviews on residential properties and tenant improvements. 4LEAF’s staff has a depth of experience in working with all types of building structures and has performed inspection and plan review services on more than $25 billion dollars in construction during the past 20 years. We have worked with planning and building departments in the construction, rehabilitation, and repair of both public and private buildings as well worked with design review and preservation boards to determine the design criteria and associated project requirements of building improvements. In addition, our staff have performed inspections and plan reviews for public and private building structures for compliance with life‐safety and Americans with Disabilities Act (ADA) accessibility requirements. Basic Services Provided by Firm Building Department Services Fire Prevention Services Construction Management & Public Works Inspection Jurisdictional Inspectors Residential & Commercial OSHPD/DSA Inspectors of Record ICC Certified Plan Review California Certified Accessibility Specialists (Inspection & Review) Leed Accredited Professionals ICC Certified Building Officials Complete Building Department Servies In House & Off‐Site Plan Review Property Condition Surveys Fire Recovery Program Services Code Enforcement Services Annual Business Inspections Fire Reviews ICC Certified and State Fire Marshal Staff Complete Fire Prevention Servies In House Plan Review Offsite Plan Review Code and Standards Community Public Education and Safety Training Construction Management Plans Constructability and Baseline Reviews Contractor Compliance Stakeholder Coordination Submittals & RFI’s Review Performing Claims Analysis Construction Inspections Process Change Orders Review Contractor Pay Estimates Construction Monitoring & Reporting Well/Septic Wastewater Treament Plant Civil Plan Review Page 3 of 6 Exhibit A: Scope of Services July 9, 2020 Ability to Accomplish Scope of Services We understand the scope of services requested by the City and are confident in our ability to accomplish the scope in a comprehensive and thorough manner to meet the needs of the City of Cupertino. Examining plans, drawings, specifications, computations documents, soils reports, and any additional data; Ascertaining whether projects are in accordance with California State Building Standards and local codes including Fire, Building, Electrical, Mechanical, Cal Green Energy and Accessibility, CASp (Certified Access Specialist), Historical Building, Existing Building and other related professional and technical services; Engineering Peer Review of submitted residential, commercial, and industrial pro‐jects; geotechnical materials and grading related structural components: o Geotechnical requirements and related structural components of grading design for grading provisions in conformance with regulation contained in the most current City adopted Building Codes, Grading Ordinances and State law governing grading regulations. o Verify compliance with City conditions of approval related to building construction requirements. o Process plan revisions and verify that corrections have been satisfactorily made. Plan Review Services 4LEAF will provide plan review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and state and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. Types of projects we provide these services for include; Single‐Family Dwellings, Multi‐ Family Dwelling Units, Commercial, and Industrial. On‐Site Review Work Plan 4LEAF can supply Registered Professional Engineers to the City of Cupertino to work on‐site performing structural plan review and non‐structural reviews at the Jurisdiction’s discretion. 4LEAF currently performs this service for several different jurisdictions throughout California. Off‐Site Review Work Plan 4LEAF can work effectively with design teams and assist Public Works, Planning, Fire, and Building Departments in the construction, rehabilitation, and repair of both public and private projects. Our experience includes checking for compliance with the structural, life‐safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances. Approach We understand that the specific building plan review responsibilities will include, but are not limited to: Examining plans, drawings, specifications, computations documents, soils reports, and any additional data; Ascertaining whether projects are in accordance with applicable building and fire codes, and City ordinances, including but not limited to Title 24 and Title 25; Performing such reviews as, structural, MEP, green building, fire, and life safety, grading and drainage; Page 4 of 6 Exhibit A: Scope of Services July 9, 2020 Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws; Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils, and foundations; and masonry; Providing additional plan review services as requested by the City; Conducting all plan review at the City Department or, as needed, at a site mutually agreed upon in writing and; Supplying all plan review staff with all code books and other basic professional references. 4LEAF Plan Review QA/QC Process for all Reviews Task 1 – Project Tracking Set‐up The first step of our process will be to set up the project in our system to enable 4LEAF and the City of Cupertino to track the progress of the review. Our plan tracking procedures are designed to track each submittal throughout the review process and maintain accurate and comprehensive records for each submittal. Task 2 ‐ Complete Submittal Review Upon receiving the plans from the City, 4LEAF will triage (preliminary plan review performed by 4LEAF plan review project lead) the submittal to verify that the submittal received is complete (i.e., all pertinent plans, calculations, reports, and other related documents) in order that we can begin our review. If the submitted package is incomplete, we will communicate with the City to discuss the deficient documents needed to proceed with our review. Task 3 ‐ Plan Review Assignment After the triage process is performed and a complete package is verified, the project will be assigned to the most qualified Plans Examiner and a turnaround time will be established. We will log each application into our database the same day the plans are received to assure that they are routed in a timely manner and to allow for daily project tracking. Task 4 ‐ Plan Review 4LEAF will provide the project contact (Developer, Contractor, Architect, or Engineer) desired by City of Cupertino with a list of any items needing correction and clarification to comply with applicable building codes, ordinances, and regulations. A correction list will be created based on the missing codes and ordinances. Task 5 ‐ Quality Control Prior to submitting the plan review correction list to the City, the designated plan review project lead will review the correction list for adherence to applicable codes and ordinances as well as for accuracy and completeness. After completion of our quality control review a correction list will be e‐mailed to a designated staff member at the City of Cupertino or as directed by the City of Cupertino. The correction list and a 4LEAF transmittal form will include the following information: a description of the work, type of construction, occupancy group, square footage, number of floors, and sprinkler requirements. Task 6 ‐ Plan Review Rechecks Plans received for rechecks will be reviewed for conformance. Our goal is to actively work with the designers to resolve all unresolved issues after our second review. If it appears that there are complicated issues that might cause a project to go beyond our second review, we will communicate directly with the designer to resolve these concerns. Page 5 of 6 Exhibit A: Scope of Services July 9, 2020 Task 7 ‐ Project Approval Once the final plan reviews are completed and ready for approval, 4LEAF will organize the plans and supporting documents per the City of Cupertino processing requirements and return them to the City, along with our letter of completion. Certified Access Specialist (CASp) 4LEAF has nine Certified Access Specialists on staff. We have performed CASp inspection and plan review projects and have consulted on numerous construction projects for accessibility questions and advice. On‐Call Building Inspection/Code Enforcement Services 4LEAF maintains the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full‐time inspection staff, idle staff (temporarily between assignments), and pre‐qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full‐time inspectors same‐day or within one business day. We maintain an on‐call database for as‐ needed requests with our clients. 4LEAF utilizes this service for more than 140 municipalities. Inspection Requests can be made to: Craig Tole Mike Leontiades Director of Development Services Director of Operations (925) 580‐4055 – cell (925) 681‐8842 ctole@4leafinc.com mleontiades@4leafinc.com CASp Inspector Certification No. Expiration Sarah Deyhimi, P.E. CASp‐876 03/13/2022 Jerry Thome CASp‐104 09/14/2021 Mike Anderson, P.E. CASp‐328 09/22/2021 Peter Oliver CASp‐818 04/11/2021 David Rashé, CBO CASp‐213 06/23/2021 Scott Wungluck CASp‐560 04/29/2020 Brent Hipsher, CBO CASp‐422 04/12/2021 William Holl, AIA CASp‐509 12/6/2021 Edward Fang, P.E. CASp‐227 6/24/2024 Page 6 of 6 Exhibit A: Scope of Services July 9, 2020 On Call Building Department Staff Services 4LEAF has a proven record of accomplishment of providing Permit Technician/Counter staff to jurisdictions. The 4LEAF pool of talented professionals includes qualified and experienced permit technicians capable of providing all permit processing and counter services. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required. Our staff encompasses the right combination of experience, education, and certifications. 4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter. Typical duties include: Accepting Plans for Plan Check Verification that Plans are accurate and complete Calculate Permit Fees Explain ordinances and procedures to owners, contractors, developers, architects, and general public Assist with preparation of permit applications Receive Plans for Planning and Building permits and route to various agencies (if requested) Accept complaints on code violations, process, and record complaints Answer telephone for field and office staff Process inspection requests Maintain files for building permits Operate Building Department’s computerized information system Input variety of information including building permits and inspections Complete related duties and responsibilities as assigned by Building Official and Senior staff members 4LEAF has numerous of Permit/Counter Technicians on staff, many whom are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job. Page 1 of 2 Exhibit B: Schedule of Deliverables/Terms July 9, 2020 Exhibit B: Schedule of Deliverables/Terms Plan Review Turn‐Around Times 4LEAF has a tremendous reputation for completing projects on‐time and under budget. 4LEAF’s plan review team is widely recognized for quick turn‐around times and prompt service. We have provided some elaborate examples in our Experience and Reference section ‐ please read our project examples and contact our references to learn about our abilities and commitments to our clients. Off‐site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn‐around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. 4LEAF also provides Fire Plan Review services. Type of Plans Transportation Initial Review Resubmittal Review 2nd Resubmittal Review Expedited Review Expedited Resubmittal *Residential < 24 Hours (pick up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days **Multi‐ Family < 24 Hours (pick up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours (pick up & delivery) < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days ***Large Commercial > 15,000 s.f. < 24 Hours (pick up & delivery) Negotiable Negotiable Negotiable Negotiable Negotiable Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven record of accomplishment of working with municipalities to provide expedited reviews with special discounted pricing when applicable. Pick‐up of all plans will be performed by 4LEAF staff within 24 hours of the City’s phone call or e‐mail. 4LEAF prefers to pick‐up and deliver the plans in person to communicate any information that may be pertinent to the project and maintain a consistent communication. 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or a simply e‐mail for “pick‐up” to pickup@4leafinc.com. Pick‐ups are at no additional cost. Structural Only Review Upon request, 4LEAF will perform “structural only” reviews for the City. 4LEAF can communicate directly with the designers via email, in‐person meetings, and through our EZ Plan Review system. 4LEAF prefers PDF files for “structural only” reviews which allow several different Structural Engineers to review plans together should there be design related questions. The majority of 4LEAF’s plan review engineers have a design background and work well with project designers. Page 2 of 2 Exhibit B: Schedule of Deliverables/Terms July 9, 2020 Inspection Options Periodic Inspection Services Available Next Day 4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the City of Cupertino. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments. Part‐Time Inspection Services Available Next Day 4LEAF will provide the City with part‐time inspectors upon request. 4LEAF can provide part‐time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule. Full‐Time Inspection Services Available Two Days or Less 4LEAF can provide full‐time inspectors upon request. 4LEAF provides this service regularly to many clients throughout the Central Coast, Sacramento Valley, Peninsula/South Bay, East Bay, and Central Valley. Project Specific Inspection Services Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large‐scale projects for such clients as the City of Palo Alto, City of Cupertino, Sonoma County, Town of Paradise, State of California, etc. These projects are developer funded into a separate City account which is distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 – 36 Months). Building Department Services Placement Schedule Building Department Staff Interim Full‐Time Permit Technician (ICC Certified) < 2 Days < 5 Days Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days Code Enforcement Officer < 2 Days < 5 Days Building Official < 2 Days < 10 Days Additional Services QOR QOR Page 1 of 2 Exhibit C: Compensation July 9, 2020 Exhibit C: Compensation 2020‐2021 FEE SCHEDULE & BASIS OF CHARGES For the City of Cupertino All Rates are Subject to Basis of Charges NATURE OF BUILDING SERVICES COST STRUCTURE Off‐Site Plan Review Off‐site Fee Percentages 70% Fee includes initial review and two (2) rechecks. Fee includes shipping and courier service. Fee Structure for Personnel Interim Chief Building Official .................................................................................................. $140/hour Building Inspector I ................................................................................................................... $95/hour Building Inspector II .................................................................................................................. $110/hour Building Inspector III ................................................................................................................. $120/hour Code Enforcement .................................................................................................................... $95‐110/hour Clerk/Administrator.................................................................................................................. $62/hour Permit Technician ..................................................................................................................... $70/hour Senior Permit Technician ......................................................................................................... $80/hour On‐Site Structural Plan Review Engineer ................................................................................. $150/hour Off‐Site Structural Plan Review Engineer ................................................................................. $135/hour On‐Site Non‐Structural Plans Examiner ................................................................................... $130/hour Off‐Site Non‐Structural Plans Examiner ................................................................................... $120/hour Fire Review ............................................................................................................................... $155/hour CASp Inspection ........................................................................................................................ $170/hour Project Inspector / Senior Lead Inspector of Record ............................................................... $155/hour* Project Inspector / Inspector of Record ................................................................................... $130/hour* OSHPD Inspector ...................................................................................................................... $140/hour Off‐Site Project Manager .......................................................................................................... $155/hour Principal‐in‐Charge ................................................................................................................... $185/hour Hourly overtime charge per inspector ..................................................................................... 1.5 x hourly rate Mileage (for inspections performed within the City) ............................................................... IRS Rate + 20% *Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. Page 2 of 2 Exhibit C: Compensation July 9, 2020 BASIS OF CHARGES Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. All invoicing will be submitted monthly. Staff Augmentation work (excluding plan review) is subject to 4‐hour minimum charges unless stated otherwise. Services billed in 4‐hour increments. New Construction of Residential and Commercial plan reviews will be done in 10 business days or less and 5 business days or less for re‐checks. Residential Additions, Commercial Additions, and Small Commercial/Non‐Residential Remodels/Tenant Improvements plan reviews will be done in 7 business days or less and 5 business days or less for re‐checks. Residential Remodels plan reviews will be done in 5 business days or less and 5 business days or less for re‐checks. This is not inclusive of holidays or the day of the pick‐up of plans. Expedited Residential Remodels reviews will be billed 45% of the plan check fee collected by the City, return time will be within seven (7) days of receipt of the plans from the City. Plan review of deferred submittals & revisions will be billed at the hourly rates listed in the Compensation Schedule. All plan review services will be subject to a $250.00 minimum fee if percentage‐based fee or two (2) hour minimum charge if hourly rates apply. 4LEAF assumes that these rates reflect the 2020‐2021 contract period. 3% escalation for 2022 and 2023 is negotiable per market conditions. Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8‐hour M‐F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8‐hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate Overtime will only be billed with prior authorization of the Chief Building Official, Public Works Director, or other responsible designated City personnel. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. Mileage driven during the course of Inspections will be charged at cost plus 20%. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. Client agrees that 4LEAF’s liability will be limited to the value of services provided. Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Sept. 2019 Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/10/2020 License # 0C41366 (925) 462-8400 (925) 462-8888 25674 4LEAF, Inc. 2126 Rheem Dr Pleasanton, CA 94588 19445 11673 35378 A 2,000,000 X X 6800J268720 4/9/2020 4/9/2021 1,000,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000A 8106P148457 5/9/2020 4/9/2021 5,000,000B BE 017147018 4/9/2020 4/9/2021 0 5,000,000 C X FOWC114271 4/9/2020 4/9/2021 1,000,000 Y 1,000,000 1,000,000 D Professional Liab MKLV7PL0004133 4/9/2020 Each Claim 2,000,000 All operations of the named insured. Certificate holder is named as additional insured to General Liability and Automobile Liability policies per attached endorsements CG D3 81 09 15 and CA T3 53 02 15. Waiver of Subrogation applies to General Liability per endorsement CG D3 81 09 15. Waiver of Subrogation applies to Auto Liability per endorsement CA T3 53 02 15. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured on General Liability Policy per attached endorsement CG D3 81 09 15. Primary and non-contributory applies to General Liability policy per attached endorsement CG D3 81 09 15. Waivers of subrogation apply to General Liability and Workers Compensation Policies per attached endorsements CG D3 81 09 15 and WC 99 04 10 C. Professional Liability Retro Date 4/1/07 City of Cupertino 10300 Torre Ave. Cupertino,, CA 95014 4LEAINC-01 MINED1 Granite Professional Insurance Brokerage, Inc. 6600 Koll Center Parkway #100 Pleasanton, CA 94566 commercial@graniteins.com Travelers Property Casualty Company of America National Union Fire Ins. Co PA Redwood Fire & Casualty Insurance Company Evanston Insurance Aggregate X 4/9/2021 X X X X X X X X X ! 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( ) %) ) &* ) & ’- - + ,%( -&$")29"(4 .!"8!""()(.4 ! !) #( , < <: ;352 ) )& &, ’, -% ’ ) ( & & Policy Number 6800J268720 4Leaf On Call Inspection Final Audit Report 2020-07-23 Created:2020-07-14 By:Abby Ayende (AbigailA@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA6lU-KIZaYlVSbumvDtpVUJDUajHcfPUQ "4Leaf On Call Inspection" History Document created by Abby Ayende (AbigailA@cupertino.org) 2020-07-14 - 4:32:31 PM GMT- IP address: 108.204.1.114 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-07-14 - 4:35:15 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-07-15 - 2:59:23 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Kevin Duggan (kduggan@4leafinc.com) for signature 2020-07-15 - 2:59:25 PM GMT Email viewed by Kevin Duggan (kduggan@4leafinc.com) 2020-07-15 - 5:56:42 PM GMT- IP address: 97.33.130.206 Document e-signed by Kevin Duggan (kduggan@4leafinc.com) Signature Date: 2020-07-15 - 6:57:51 PM GMT - Time Source: server- IP address: 174.222.17.153 Document emailed to Heather M. Minner (heatherm@cupertino.org) for signature 2020-07-15 - 6:57:53 PM GMT Email viewed by Heather M. Minner (heatherm@cupertino.org) 2020-07-22 - 8:21:32 PM GMT- IP address: 45.41.142.117 Document e-signed by Heather M. Minner (heatherm@cupertino.org) Signature Date: 2020-07-22 - 8:22:21 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2020-07-22 - 8:22:23 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2020-07-23 - 1:07:52 AM GMT- IP address: 104.47.46.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2020-07-23 - 1:08:14 AM GMT - Time Source: server- IP address: 24.130.171.172 Document emailed to Kirsten Squarcia 7/22/20 (kirstens@cupertino.org) for signature 2020-07-23 - 1:08:16 AM GMT Email viewed by Kirsten Squarcia 7/22/20 (kirstens@cupertino.org) 2020-07-23 - 1:12:17 AM GMT- IP address: 104.47.44.254 Document e-signed by Kirsten Squarcia 7/22/20 (kirstens@cupertino.org) Signature Date: 2020-07-23 - 1:12:46 AM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Kevin Duggan (kduggan@4leafinc.com), cyrahc@cupertino.org, Kirsten Squarcia 7/22/20 (kirstens@cupertino.org), Benjamin Fu (benjaminf@cupertino.org), and 3 more 2020-07-23 - 1:12:46 AM GMT