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21-206 Amendment #1 dated 9-16-24 Independent Code Consultants Plan review Services for Westport project1 FIRST AMENDMENT TO AGREEMENT 332 BETWEEN THE CITY OF CUPERTINO AND INDEPENDENT CODE CONSULTANTS, INC. FOR PLAN REVIEW SERVICES FOR WESTPORT PROJECT SPECIFICALLY THE ROW HOUSE/TOWNHOUSE AND BUILDING 2 SENIOR INDEPENDENT LIVING UNITS. This First Amendment to Agreement 332 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Independent Code Consultants, Inc., a Corporation (“Contractor”) whose address is 5870 Stoneridge Mall Road, Suite 200, Pleasanton, CA 94588, and is made with reference to the following: RECITALS: A. The City and Contractor entered into an Agreement for Plan Review services for Westport project specifically the row house/townhouse and Building 2 senior independent living units (“Agreement”) effective September 08, 2021, with a term expiring on June 30, 2024. B. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and hereby affirm their intent that it remain in full force and effect as amended and reinstated by this first Amendment. C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2025 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by June 30, 2025. 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-1. 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. Exhibit B-1, attached hereto, is added to the Agreement. 2 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date INDEPENDENT CODE CONSULTANTS, INC. By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2022-212 $210,000 1st Amendment $0 President Sep 12, 2024 Christopher D. Jensen Director of Community Development Sep 12, 2024 Sep 16, 2024 SUBMITTED BY: Independent Code Consultants, Inc. 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 Contact: Ms. Abigail Obligacion | President T | 925.264.9559 E | aobligacion@independentcodeconsultants.com SUBMITTED TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Attention: Mr. Sean Hatch | CBO Cost Proposal for Plan Review Services WESTPORT CUPERTINO July 29, 2021rev. August 28, 2024 5870 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 T | 925.264.9559 Page | 2 July 29, 2021 (rev. August 28, 2024) Mr. Sean Hatch | CBO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Westport Cupertino | Cost Proposal for Plan Review Services Dear Mr. Hatch: Thank you for the opportunity for considering our team to assist you in providing building and on-site plan review services for the Westport Cupertino project. Independent Code Consultants, Inc. (ICCI) has established a team of highly qualified professionals. Our team is prepared to provide multi-discipline services to ensure the Westport Cupertino project is a success from demolition to certificate of occupancy. It is ICCI’s understanding that the Westport Cupertino project is to demolish a 71,250 square foot retail center (The Oaks) on a 8.1 acre site, and construct a mixed-use urban village. The proposed project will be construction of the following residential and commercial buildings:    Site Improvements & Parking and Frontage Improvements. Building 2: 6-story building with 48 below market rate (BMR) affordable, senior, independent living, residential units and 2,400 square feet of round-floor retail/commercial. 70 single-family residential townhouses, 18 single-family residential rowhouses and one-level below- ground garage with 111 residential parking spaces and 80 retail parking spaces are proposed. ICCI guarantees to complete the plan review on-time and will work alongside your team to ensure the project is a success. The following pages outline our detailed cost proposal (including a not-to-exceed amount). We look forward to working with you and feel free to contact us with any questions. Respectfully Submitted, Abigail Obligacion | President Independent Code Consultants, Inc. Page | 3 Westport Cupertino | Plan Review Services PLAN REVIEW SERVICES The following is a summary of plan review services to be provided. Building: 1.State and local laws and regulations 2.City of Cupertino Municipal Code and City of Cupertino’s Conditions of Approval 3.Ensure drawings conform and comply with Title 24 California Code of Regulations Fire and Life-Safety Accessibility Structural Plumbing Mechanical Electrical Energy Green Building Standards 4.Substantiate structural plans meet recommendations made in the project geotechnical report 5.Ensure plans and details are consistent with product specifications and certification On-Site Public Works/Civil Engineering Aspects: 1.State and local laws and regulations 2.City of Cupertino standards, conditions of approval, and mitigation measures relating to civil design 3.Substantiate grading plans meet recommendations made in the project geotechnical report 4.Grading plan check to include a review of the topographic survey for the existing depths of manholes and catch basins and their relationship to the proposed improvements 5.Review the existing topography to the proposed slopes and walls 6.Review on-site storm drains, sewer system and public improvements meet City requirements 7.Verify hydrology calculations match what is shown on the Improvement Plans and storm system is adequately sized for the design storm 8.Confirm stormwater treatment areas are adequately sized EXHIBIT A SUMMARY OF SERVICES Westport Cupertino | Plan Review Services Page | 4 Other Tasks: 1. Attendance of Design and Construction Meetings 2. Review and assist with technical problems that arise during construction 3. Will maintain a tracking system to document all plan reviews and reports, tracking of construction progress and pro- cessing of change orders, RFI’s and deferred submittals Westport Cupertino | Plan Review Services Page | 5 EXHIBITS B & C BUILDING PLAN REVIEW COST PROPOSAL ICCI guarantees that turnaround times will meet or exceed all project deadlines. Expedited turnaround times will be sub- ject to discussion by all concerned parties to ensure all milestones are completed on schedule. Building and On-Site Plan Review Services Unit Rate Building and On-Site Plan Review Fee (first submittal plus one (1) additional subsequent submittal) 65% of Plan Review Fee Complete Plan Review Submittal Beyond the 2nd Submittal $145.00 Hour Basis of Charges Unit Rate Work over 8 hours a day Time and One-Half Work over 12 hours, Monday through Friday Double Time Work on Saturdays Time and One-Half Work over 8 hours on Saturday Double Time Work on Sundays/Holidays Double Time Reimbursables Cost Building and Public Works / Engineering Plan Review Contract Not-to-Exceed (NTE) Amounts Complete Building and On-Site Plan Review $210,000.00 Note: Plan review services are based on the assumption no significant design changes will be done during the initial plan review and subsequent plan review submittals. Major design changes incurred during the plan review stages will be charged as deemed appropriate and negotiated by all parties for building and on-site plan review. Schedule of Performance: Plan Review Contract through June 30, 2025 EXHIBIT B-1 Westport Cupertino | Plan Review Services Page | 6 EXHIBIT D CERTIFICATE OF LIABILITY INSURANCE Westport Cupertino | Plan Review Services Page | 7 Westport Cupertino | Plan Review Services Page | 8 Westport Cupertino | Plan Review Services Page | 9 CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Westport Cupertino | Plan Review Services Page | 10 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Glenn Hoffman INDEP-2 OP ID: BMH 12/19/2023 Melissa Hoffman Discovery Bay Ins. Serv., Inc. 14850 Hwy 4, Suite A-258 Discovery Bay, CA 94505 Glenn Hoffman 925-516-4700 925-516-4202 melissa@discoverybayins.com Evanston Insurance Company United Financial Casualty Co. Independent Code ConsultantsAbigail Obligacion5870 Stoneridge Mall RoadSuite 200Pleasanton, CA 94588 State Compensation Ins Fund Landmark American Ins. Co. United States Liability Nautilus Insurance Co A X 1,000,000 X X 3AA732471 12/03/2023 12/03/2024 100,000 5,000 1,000,000 2,000,000 X 2,000,000 1,000,000B X 06461327-6 01/11/2024 01/11/2025 100,000 X 2,000,000 X F AN1299198 12/03/2023 12/03/2024 2,000,000 10000X XC 9224300-24 01/11/2024 01/11/2025 1,000,000 1,000,000 1,000,000 D LHR854319 01/10/2024 01/10/2025 E&O 2,000,000 E BPP CF1567614B 03/05/2023 03/05/2024 Ded. 1000 30,000 The Ciry of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are listed as additional insureds on GeneralLiability per attached endorsement. The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 925-516-4700 35378 11770 35076 33138 25895 17370 HNOA Professional Liab. MEGL 0009-01 08 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA732471 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ 500 (Check box if fully earned.) A.Who Is An Insured is amended to include as an additional insured any person or entity to whom you are obligated by valid written contract to provide such coverage, but only with respect to negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Our agreement to accept an additional insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any “employee” of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B.With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0241-01 05 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA732471 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the "occurrence", to waive rights of recovery Additional Premium:$ 250 The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV – Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.  #%'. #'. +*$. !. &)$!(!. (. &&.             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Form_SCTNID_CTGRY.XX10025241_OTHER <docindex><index>OTHER</index></docindex> Policy number: 06461327-6 Underwritten by: UNITED FINANCIAL CAS CO December 4, 2023 Page 1 of 2 DISCOVERY BAY INSURA 14850 HWY 4 STE A-258 DISCOVERY BAY, CA 94505 1-925-516-4700 Certificate of Insurance Certificate Holder…………………………………………………………………………………………………………………………………………………………………………… Additional Insured CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO, CA 95014 Insured Agent/Surplus Lines Broker ……………………………………………………………………………………………………………………………………………………………………………INDEPENDENT CODE CONSULTANTS, INC. 5870 STONERIDGE MALL RD 200 PLEASANTON, CA 94588 DISCOVERY BAY INSURA 14850 HWY 4 STE A-258 DISCOVERY BAY, CA 94505 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date:Policy Expiration Date: ………………………………………………………………………………………………………………………………………………………..Jan 11, 2025Jan 11, 2024 Insurance coverage(s)Limits………………………………………………………………………………………………………………………………………………………..BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT………………………………………………………………………………………………………………………………………………………..UNINSURED/UNDERINSURED MOTORIST $100,000 COMBINED SINGLE LIMIT………………………………………………………………………………………………………………………………………………………..ANY AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of Location/Vehicles/Special Items Scheduled autos only……………………………………………………………………………………………………………………………………………………….. Stated Amount 2020 LEXUS UX 250H JTHP9JBHXL2029364 $33,000 MEDICAL PAYMENTS $5,000 COMPREHENSIVE $500 DED COLLISION $1,000 DED 4 Continued <docindex><index>OTHER</index></docindex> Policy number: 06461327-6 Page of2 2 Certificate number 13023NET327 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (10/02)        8JcT{gW{<Uknge{gk{:kYJe]yJo]ge{ The City of Cupertino 10300 Torre Avenue Cupertino, CA 95014    CZU{jUknge{gk{gkYJe]zJo]ge{eJcUP{JKgsU{]n{Je{]enrkUP{u]o[{kUnjUMo{og{nrM[{b]JK]b]px{MgsUkJYU{Jn{]n{ JWWglPUQ{Kx{q[U{jgb]Mx{Kro{o[]n{]enrkJeMU{Jjjb]Un{og{nJ]P{]enrkUP{gebx{Jn{J{jUknge{b]JLbU{Xik{oZU{MgeRrNo{gV{ Jego\Uk{]enrkUP{JeP{o[Ue{gebx{og{o[U{UwoUeo{gW{o[Jo{b]JK]b]ox{GU{Jbng{JYkUU{v]o[{xgr{o[Jo{]enrkJfMU{ jkgs]PUP{Kx{o[]n{UePgknUcUeo{u_bb{KU{jk]cJkx{Whk{Jex{jguUk{re]o{njUO]W]MJbbx{PUnMk]KUR{ge{o[U{ 'UMbJkJo]gen{<JYU { 5]c]o{gX{5]JK]b`ox{ "gP]bx{.earkx{ <kgjUkox{'JcJYU{ $gcK]eUP{6]JK]b]ox{ 000{%@7{ UJM[{jUmnge { UJM[{JMM^PUeo{ UJM[{JMM]PUeo{ UJM[{JMM]PUeo{ !bb{go[Uk{oUkcn{b]d]on{JeP{jkgs]n]gen{gX{o[]n{jgb]Mx{kUcJ]e{reM[JeYUP{ D[]n{UePgknUdUeo{Jjjb]Un{og{<gb]Mx{8rdKUk{ 06461327-6{ /nnrUS{og{8JcU{gV{/enrkUP{INDEPENDENT CODE CONSULTANTS )WVUMo]tU{PJoU{gW{UePgknUcUeo{01/11/2024 { +gkd{{  { <gb]Mx{Uwj]kJo]ge{PJoU { 01/11/2025{ Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. 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. Plan review Services for Westport project Final Audit Report 2024-09-16 Created:2024-09-12 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAQRWtvEA4ErTTn_6YlOR8H1pw5ozqEYBW "Plan review Services for Westport project" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-09-12 - 5:44:27 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-09-12 - 5:47:04 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-09-12 - 5:47:21 PM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-09-12 - 6:53:36 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) for signature 2024-09-12 - 6:53:39 PM GMT Email viewed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) 2024-09-12 - 6:57:26 PM GMT- IP address: 96.76.207.102 Document e-signed by Independent Code Consultants Incorporated (aobligacion@independentcodeconsultants.com) Signature Date: 2024-09-12 - 6:58:29 PM GMT - Time Source: server- IP address: 96.76.207.102 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-09-12 - 6:58:32 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-09-12 - 6:59:16 PM GMT- IP address: 3.232.50.116 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-09-12 - 7:16:49 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-09-12 - 7:16:51 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2024-09-12 - 7:17:20 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2024-09-12 - 7:17:52 PM GMT- IP address: 52.202.236.132 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2024-09-12 - 7:21:55 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-09-12 - 7:22:01 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-09-12 - 7:22:33 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-09-16 - 4:55:31 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2024-09-16 - 4:55:31 PM GMT