CITY OF CUPERTINO
CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, November 1, 2022
6:45 PM
Televised Regular City Council Meeting (6:45)
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments by 4:30 p.m. on Tuesday, November 1 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.
3) E-mail comments during the times for public comment during the meeting to the City Clerk at [email protected]. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to three minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email [email protected] prior to speaking.
Members of the public may provide oral public comments during the meeting as follows:
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Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.
Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN___juQHeHS-et8-x-wxY07Q Phone
Dial: 669-900-6833 and enter Webinar ID: 966 6002 1553 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 966 6002 1553
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
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if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance.
In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Consider a proclamation recognizing November as Lung Cancer Awareness Month
Recommended Action: Present proclamation recognizing November as Lung Cancer Awareness Month
A - Proclamation
2. Subject: Consider a proclamation recognizing November as National Native American Heritage Month
Recommended Action: Present proclamation recognizing November as National Native American Heritage Month
A - Proclamation
3. Subject: Consider veterans appreciation proclamation honoring veterans and military families
Recommended Action: Present veterans appreciation proclamation honoring veterans and military families
A - Proclamation
RECESS - 15 Minutes
POSTPONEMENTS AND ORDERS OF THE DAY
ORAL COMMUNICATIONS
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This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
REPORTS BY COUNCIL AND STAFF
4. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements
5. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
6. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
7. Subject: City Manager update
Recommended Action: Receive City Manager update on City business
8. Subject: City Manager's Office - City Work Program Update Recommended Action: Receive update regarding the City Work Program CONSENT CALENDAR (Items 9-13)
Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously.
9. Subject: Consider approval of the October 18 City Council minutes Recommended Action: Approve the October 18 City Council minutes A - Draft Minutes
10. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361
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Recommended Action: Adopt Resolution No 22-132 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361
Staff Report
A - Draft Resolution
B – Adopted Resolution No. 22-121
C – Health Officer Recommendation Regarding Public Governmental Meetings
11. Subject: Consider approval of the Electric Vehicle Parking Expansion Request for Proposals (RFP)
Recommended Action: 1. Approve a purchasing exemption per Cupertino Municipal Code (CMC) Section 3.22.060(B) waiving the formal competitive bidding process; and
2. Approve the Electric Vehicle Parking Expansion RFP to provide electric vehicle charging stations at six City of Cupertino properties
Staff Report
A - Draft Request for Proposal
B - Draft License Agreement
12. Subject: Consider authorizing the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road
Recommended Action: Authorize the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road
Staff Report
A - Draft Cost Share Agreement
13. Subject: Amend two existing contracts awarded to both West Coast Code Consultants, Inc. and Independent Code Consultants, Inc. to provide On-Call Professional Plan Review Services as needed.
Recommended Action: 1. Amend the existing $80,000 contract awarded to West Coast Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $330,000
2. Amend the existing $175,000 contract awarded to Independent Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $425,000 Staff Report
A - 1st Amendment to Plan Review Services Contract - WC3_signed contract B – 1st Amendment to Plan Review Services Contract – ICCI_signed contract
SECOND READING OF ORDINANCES
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14. Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code as mandated by the State of California and making local exceptions to those standards as warranted.
Recommended Action: 1. Conduct the second reading and enact Ordinance No. 22-2245 “An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.16, 16.20, 16.24, 16.28, 16.32, 16.40, 16.42, 16.54, 16.58,
16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”;
2. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.
Presenter: Sean Hatch, Deputy Building Official
Staff Report
A - October 18 Staff Report and Draft Ordinance
PUBLIC HEARINGS- None
ORDINANCES AND ACTION ITEMS
15. Subject: Consider an ordinance to implement state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential single-family zone
Recommended Action: That the City Council:
1. Find the proposed actions exempt from CEQA; and
2. Conduct the first reading of Ordinance No. 22-2246: "An Ordinance of the City Council of the City of Cupertino amending chapters 18.20.170, 19.08.030, 19.12.030,
19.12.110, 19.28.040, 19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050, 19.40.060,
19.40.090, and 19.112.060 to adopt standards for ministerial approval of duplexes and lot splits in Single-Family Residential zoning districts." Presenter: Emi Sugiyama, Assistant Planner and Piu Ghosh, Planning Manager Staff Report
A - Draft Regular Ordinance (with PC Changes)
B - Senate Bill 9 Text
C - Interim Ordinance No. 21-2235
D - Changes from Interim Ordinance
E - Grade Change Public Comment
F - Polling Results
16. Subject: FY 22-23 City Work Program item: Student Internship Program
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Recommended Action: Direct staff to:
1. Proceed with developing the Student Internship Program by incorporating criteria from the 2022 summer intern pilot program and the existing Volunteer Intern Policy (Attachment A); and
2. Approve the formation of a Council Subcommittee and appoint two Councilmembers to guide the final candidate selection process Staff Report
A - Volunteer Intern Process Policy
17. Subject: Consider approval of formation of Council Subcommittee on the Legislative Aide interview process; selection of Councilmembers to serve on Subcommittee Recommended Action: 1. Approve the formation of a Council Subcommittee to work with City staff on the Legislative Aide interview process; and
2. Appoint two Councilmembers to serve on the Legislative Aide Subcommittee; consider Councilmembers Moore and Wei for Subcommittee membership Staff Report
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.
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In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.
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Agenda Item
22-11521 Agenda Date: 11/1/2022
Agenda #: 1.
Subject: Consider a proclamation recognizing November as Lung Cancer Awareness Month Present proclamation recognizing November as Lung Cancer Awareness Month CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
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Agenda Item
22-11596 Agenda Date: 11/1/2022
Agenda #: 2.
Subject: Consider a proclamation recognizing November as National Native American Heritage Month
Present proclamation recognizing November as National Native American Heritage Month CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
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Agenda Item
22-11597 Agenda Date: 11/1/2022
Agenda #: 3.
Subject: Consider veterans appreciation proclamation honoring veterans and military families Present veterans appreciation proclamation honoring veterans and military families CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
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Agenda Item
22-11074 Agenda Date: 11/1/2022
Agenda #: 4.
Subject: Brief reports on councilmember activities and brief announcements Receive brief reports on councilmember activities and brief announcements CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
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Agenda Item
22-11086 Agenda Date: 11/1/2022
Agenda #: 5.
Subject: Report on Committee assignments
Report on Committee assignments
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Agenda Item
22-11454 Agenda Date: 11/1/2022
Agenda #: 6.
Subject: Report on Subcommittee assignments
Report on Subcommittee assignments
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Agenda Item
22-11095 Agenda Date: 11/1/2022
Agenda #: 7.
Subject: City Manager update
Receive City Manager update on City business
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Agenda Item
22-11622 Agenda Date: 11/1/2022
Agenda #: 8.
Subject: City Manager's Office - City Work Program Update Receive update regarding the City Work Program
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Agenda Item
22-10502 Agenda Date: 11/1/2022
Agenda #: 9.
Subject: Consider approval of the October 18 City Council minutes Approve the October 18 City Council minutes
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 18, 2022
SPECIAL MEETING
At 5:00 p.m., Mayor Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao (5:04 p.m.), and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey.
ORDINANCES AND ACTION ITEMS
1. Subject: Amendment to Title 16, Buildings and Construction, of the Cupertino Municipal Code adopting the California Buildings Standards Code and Fire Code as mandated by the State of California and making local exceptions to those standards as warranted.
Recommended Action: 1. Conduct the first reading of Ordinance No. 22-2245 “An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02,
16.04, 16.06, 16.16, 16.20, 16.24, 16.28, 16.32, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, and
16.68 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”;
2. Adopt Resolution No. 22-123 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code.
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.
Written communications for this item included a staff presentation. 21 CC 11-01-2022
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Assistant Director of Community Development/Building Official Albert Salvador gave a presentation.
Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.
Councilmembers asked questions and made comments.
City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2245: “An Ordinance of the City Council of the City of Cupertino Amending Chapters 16.02, 16.04, 16.06, 16.16,
16.20, 16.24, 16.28, 16.32, 16.40, 16.42, 16.54, 16.58, 16.62, 16.64, and 16.68 of Title 16 of the Cupertino Municipal Code adopting the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Historical Building Code, Fire, Existing Building Code, Green Building Standards Code, Referenced Standards Code, Uniform Housing Code, and Property Maintenance Code with certain exceptions, deletions, modifications, additions and amendments”
Chao moved and Moore seconded to:
1. Read Ordinance No. 22-2245 by title only, and that the City Clerk’s reading constitutes the first reading thereof; and
2. Adopt Resolution No. 22-123 making factual findings with respect to the local geological, topographical, and climatic conditions necessary to make local amendments to the California Building Standards Code; and
3. Find the project is exempt from CEQA pursuant to 14 California Code of Regulations Sections 15061(b)(3) and 15308.
Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None.
2. Subject: Consider program and funding revisions for the Fiscal Year (FY) 2021-22 Capital Improvement Programs (CIP) project, City Hall Annex (10455 Torre Avenue Improvements.)
Recommended Action: Receive an update and direct staff on the FY 2021-22 CIP project City Hall Annex (10455 Torre Avenue Improvements) to:
1) Proceed with programming, design, and construction of the building as the City’s Permit Center and Emergency Operations Center (EOC.)
2) Authorize the Director of Public Works to execute any necessary services or change orders, up to an amended contingency amount of $166,722 for a total contract amount of $610,202 on the design professional services agreement between the City and DIALOG Design LP (DIALOG) for the City Hall Annex Project (Project 2022-06) for the abovementioned scope.
3) Authorize the City Manager to (a) execute a Design Professional Services Agreement between the City and Cumming Management Group, Inc. (Cumming) to provide 22 CC 11-01-2022
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construction management and related services for the City Hall Annex Project (Project 2022-06) in the amount of $359,805; and (b) authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $71,961 (20% of base services,) for a total appropriation of $431,766.
Presenter: Susan Michael, Capital Improvement Programs Manager Written communications for this item included a staff presentation.
Capital Improvement Programs Manager Susan Michael gave a presentation.
Mayor Paul opened the public comment period and the following people spoke.
Jennifer Griffin supported relocating the Emergency Operations Center (EOC) to the site, expanding the upstairs area, and purchasing adjacent buildings in the future.
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Moore moved and Willey seconded to direct staff on the FY 2021-22 CIP project City Hall Annex (10455 Torre Avenue Improvements) to:
1) Proceed with programming, design, and construction of the building as the City’s Permit Center and Emergency Operations Center (EOC);
2) Authorize the Director of Public Works to execute any necessary services or change orders, up to an amended contingency amount of $166,722 for a total contract amount of $610,202 on the design professional services agreement between the City and DIALOG Design LP (DIALOG) for the City Hall Annex Project (Project 2022-06) for the abovementioned scope; and
3) Authorize the City Manager to (a) execute a Design Professional Services Agreement between the City and Cumming Management Group, Inc. (Cumming) to provide construction management and related services for the City Hall Annex Project (Project 2022-06) in the amount of $359,805; and (b) authorize the Director of Public Works to execute any necessary services or change orders, up to a contingency amount of $71,961 (20% of base services,) for a total appropriation of $431,766.
The motion carried unanimously.
ADJOURNMENT
At 6:18 p.m., Mayor Paul adjourned the Special City Council Meeting.
REGULAR MEETING
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At 6:45 p.m., Mayor Paul called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Consider a proclamation recognizing October as Domestic Violence Awareness Month
Recommended Action: Present proclamation recognizing October as Domestic Violence Awareness Month
Bishakha Chatterjee and Tejeswi Dodda, representing Maitri, received the proclamation.
Mayor Paul presented the proclamation recognizing October as Domestic Violence Awareness Month.
2. Subject: Consider a proclamation declaring the 2nd week in October as Code Enforcement Officer Appreciation Week
Recommended Action: Present proclamation declaring the 2nd week in October as Code Enforcement Officer Appreciation Week
Senior Code Enforcement Officer Monica Diaz received the proclamation.
Mayor Paul presented the proclamation declaring the 2nd week in October as Code Enforcement Officer Appreciation Week.
3. Subject: Consider acceptance of Cupertino Library Foundation donation for the Cupertino Library Expansion Project and certificate of appreciation for the donation Recommended Action: Accept Cupertino Library Foundation donation for the Cupertino Library Expansion Project and present certificate of appreciation for the donation
Kiran Varshneya Rohra and Jim Davis, representing the Cupertino Library Foundation, presented the donation and received the certificate of appreciation. 24 CC 11-01-2022
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Council accepted the Cupertino Library Foundation donation for the Cupertino Library Expansion Project and Mayor Paul presented the certificate of appreciation for the donation.
Council recessed from 6:56 p.m. to 7:15 p.m.
Councilmembers Hung Wei and Jon Robert Willey left the dais and attended the remainder of the meeting via teleconference.
POSTPONEMENTS AND ORDERS OF THE DAY
Moore moved and Paul seconded to move Item 17 to review potential crosswalk and signage options through Campo De Lozano subdivision to the Consent Calendar. The motion carried unanimously.
ORAL COMMUNICATIONS
Shani Kleinhaus, representing Santa Clara Valley Audubon Society, supported a golf course or activities compatible with wildlife along the creek, instead of elimination of the golf course.
San R was concerned about pedestrian safety around schools and supported additional crossing guards and safety measures.
Jennifer Griffin was concerned about the subtext of newly signed housing bills, including AB 2097 for parking minimums and AB 2011 allowing housing on commercial land.
Niharika Emani presented findings on a research project supporting the benefits of an LED conversion of City-owned lights. (Submitted written comments) Rick Kitson, representing the Chamber of Commerce, was concerned about an exchange with a Councilmember regarding regulations prohibiting campaigning at festivals. (Submitted written comments).
Jenny Huang opposed the demolition of an illegal structure on her property and related fines and court costs.
Rhoda Fry was concerned about an error on the official ballot for candidates accepting campaign spending limits and the County’s consideration of new land uses.
City Clerk Kirsten Squarcia read an email on behalf of Brooke Ezzat supporting the 25 CC 11-01-2022
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examination of City’s finances and contracts and Councilmember accomplishments.
REPORTS BY COUNCIL AND STAFF
4. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements
Council received brief reports on councilmember activities and brief announcements.
5. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
6. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
Councilmembers reported on Subcommittee assignments.
7. Subject: City Manager update
Recommended Action: Receive City Manager update on City business Council received the City Manager update on City business.
8. Subject: Department Update - City Manager's Office
Recommended Action: Receive update regarding the City Manager's Office Written communications for this item included a staff presentation.
Acting Assistant to the City Manager Astrid Robles gave a presentation.
Council received the update regarding the City Manager's Office.
CONSENT CALENDAR (Items 9-14 and 17)
Mayor Paul opened the public comment period for all consent calendar items and the following people spoke.
Seema Lindskog, for Item 17, supported the signage and collecting data for one year before deciding the crosswalk requirement, location, and options. 26 CC 11-01-2022
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Herve Marcy, for Item 17, supported collecting more data for the crosswalk and was concerned about safety for children.
Jennifer Shearin, for Item 17, supported the previous speakers’ comments, modifications to the signage text, and waiting one year per the staff recommendation.
Mayor Paul closed the public comment period.
Moore moved and Wei seconded to approve the items on the Consent Calendar, including Item 17 which was added to the Consent Calendar, and with the exception of Item 14 which was pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None.
Absent: None.
9. Subject: Consider approval of the October 4 City Council minutes Recommended Action: Approve the October 4 City Council minutes
10. Subject: Consider accepting Accounts Payable for the periods ending August 8, 2022; August 15, 2022; August 22, 2022; August 29, 2022; and September 6, 2022 Recommended Action: A. Adopt Resolution No. 22-124 accepting Accounts Payable for the period ending August 8, 2022;
B. Adopt Resolution No. 22-125 accepting Accounts Payable for the period ending August 15, 2022;
C. Adopt Resolution No. 22-126 accepting Accounts Payable for the period ending August 22, 2022;
D. Adopt Resolution No. 22-127 accepting Accounts Payable for the period ending August 29, 2022; and
E. Adopt Resolution No. 22-128 accepting Accounts Payable for the period ending September 6, 2022
11. Subject: Consider the Monthly Treasurer's Report for August 2022 Recommended Action: Accept the Monthly Treasurer's Report for August 2022
12. Subject: Consider the Monthly Treasurer's Investment Report for August 2022 Recommended Action: Accept the Monthly Treasurer's Investment Report for August 2022
13. Subject: Consider approval and authorize the City Manager to execute a Master Agreement between the City of Cupertino and BKF Engineers, Inc. to provide civil engineering services on various Capital Improvement Programs (CIP) projects Recommended Action: Approve a Master Agreement between the City of Cupertino 27 CC 11-01-2022
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and BKF Engineers, Inc. and authorize the City Manager to execute a Master Agreement in an amount not-to-exceed $500,000 for a term of three years with an option to extend the agreement for an additional period of up to two years
14. Subject: Award and authorize the City Manager to execute a maintenance services contract with Professional Turf Management for the Blackberry Farm Golf Course Recommended Action: Award a contract to provide specified maintenance services at the Blackberry Farm Golf Course; and authorize the City Manager to execute a three-year maintenance services contract with Professional Turf Management in an amount not-to-exceed $672,968
Written communications for this item included an email to Council.
Mayor Paul opened the public comment period and the following people spoke.
Annie Yang, representing Santa Clara Valley Audubon Society Environmental Action Committee, supported including protections for birds and wildlife in the contract. (Submitted written comments).
Mayor Paul closed the public comment period.
Councilmembers asked questions and made comments.
Council recessed from 8:45 p.m. to 9:00 p.m.
Chao moved and Moore seconded to award a contract to provide specified maintenance services at the Blackberry Farm Golf Course; and authorize the City Manager to execute a three-year maintenance services contract with Professional Turf Management in an amount not-to-exceed $672,968; with direction to staff to incorporate the 2016 contract environmental protection requirements; and ensure compliance with wildlife and water quality protection best practices in response to the Audubon Society's comments, including the comprehensive table provided. The motion carried unanimously.
17. Subject: Consider:
a. Review crosswalk options across Rodrigues Avenue in the vicinity of the public pedestrian walkway easement through Tract 9405 (Campo De Lozano subdivision), located near 20138 Rodrigues Avenue; and
b. Review the proposed language for signage to be posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision (Continued on September 20, 2022)
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City Council Minutes October 18, 2022
Recommended Action: 1. Consider directing staff to return to City Council one year after the opening of Regnart Creek Trail (tentatively scheduled for November 2023) with recommendations on the necessity for, and location of, potential crosswalks across Rodrigues Avenue in the vicinity of the public pedestrian walkway easement through Tract 9405 (Campo De Lozano subdivision), located near 20138 Rodrigues Avenue; and
2. Review the proposed language for the signage to be installed and posted at each end of the pedestrian walkway easement through the Campo De Lozano subdivision. (Installation would occur following Council’s approval at the October 18, meeting.) Written communications for this item included a staff presentation, which was not heard, and emails to Council.
As noted under Postponements and Orders of the Day, this item was moved to the Consent Calendar.
SECOND READING OF ORDINANCES
15. Subject: Consider the second reading of Municipal Code Amendment to establish a streamlined permitting process to electric vehicle charging (EV) stations, in order to comply with State Laws AB 1236 and AB 970
Recommended Action: Conduct the second reading and enact Ordinance 22-2244: "An Ordinance of the Cupertino City Council Setting Forth Procedures for Expediting Permitting Processing for Electric Vehicle Charging Systems." Mayor Paul opened the public comment period and seeing no one, closed the public comment period.
City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2244: “An Ordinance of the Cupertino City Council setting forth procedures for expediting permitting processing for electric vehicle charging stations.”
Moore moved and Willey seconded to read Ordinance No. 22-2244 by title only, and that the City Clerk’s reading constitutes the second reading thereof; and that the ordinance be enacted. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain:
None. Absent: None.
PUBLIC HEARINGS
16. Subject: Application for Tentative Subdivision Map and planning permits for the development of six single-family homes on the parcel located at 20860 McClellan Road (Application No.(s): TM-2021-006, R-2021-040 to R-2021-045, RM-2022-015, -016, -022 to 29 CC 11-01-2022
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City Council Minutes October 18, 2022
-025; Applicant(s): District McClellan LLC, c/o Alok Damireddy; Location: 20860 McClellan Road; APN: 359-20-030)
Recommended Action: That the City Council take the following actions (Attachments A-C):
a. Find that the project qualifies for CEQA exemption pursuant to Section 15332; b. Adopt Resolution No. 22-129 approving the Tentative Map to subdivide the subject parcel into six lots (TM-2021-006);
c. Adopt Resolution No. 22-130 approving the Two-Story Permits (R-2021-040, -041, -042, -043, -044 -045); and
d. Adopt Resolution No. 22-131 approving the Minor Residential Permits (RM-2022-015, -016, -022, -023, -024, -025)
Presenter: Piu Ghosh, Planning Manager
Written communications for this item included a staff presentation and an Updated 20860 McClellan Road Grading Plan for C3-Grading Drainage.
Planning Manager Piu Ghosh gave a presentation.
Mayor Paul opened the public hearing and the following people spoke.
Jennifer Griffin was concerned about new Accessory Dwelling Unit (ADU) laws including allowances for height limits and property lines setbacks.
Karl Brown supported improving the site and increasing the housing supply to allow renters to purchase homes.
Mayor Paul closed the public hearing.
Consultant Kelly Snider, representing McClellan LLC, gave an applicant presentation.
Councilmembers asked questions and made comments.
Chao moved and Moore seconded to:
a. Find that the project qualifies for CEQA exemption pursuant to Section 15332; and b. Adopt Resolution No. 22-129 approving the Tentative Map to subdivide the subject parcel into six lots (TM-2021-006); and
c. Adopt Resolution No. 22-130 approving the Two-Story Permits (R-2021-040, -041, -042, -043, -044 -045); and
d. Adopt Resolution No. 22-131 approving the Minor Residential Permits (RM-2022-015, -016, -022, -023, -024, -025).
The motion carried unanimously.
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City Council Minutes October 18, 2022
ORDINANCES AND ACTION ITEMS
As noted under Postponements and Orders of the Day, Item 17 to review potential crosswalk and signage options through Campo De Lozano subdivision was moved to the Consent Calendar.
ORAL COMMUNICATIONS - CONTINUED (As necessary) – None
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmembers added the following requests:
- Provide an informational memo regarding the Sign Ordinance, specifically relating to banners (Moore and Paul)
- Confirming if a study session regarding 5G deployment process will be scheduled soon (Willey and Paul)
- Information on brief responses to public testimony per The Brown Act (Chao and Paul) that will be followed up by City Attorney in a subsequent Council meeting
ADJOURNMENT
At 10:42 p.m., Mayor Paul adjourned the Regular City Council Meeting. _________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11293 Agenda Date: 11/1/2022
Agenda #: 10.
Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361
Adopt Resolution No 22-132 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361
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1 CITY COUNCIL STAFF REPORT
Meeting: November 1, 2022
Subject
Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action
Adopt the Draft Resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period November 1, 2022 through December 1, 2022 pursuant to the Brown Act, as amended by AB 361 Background
On March 2, 2020, Governor Newsom declared a state of emergency due to the public health threat posed by COVID-19. On March 4, 2020, Governor Newsom issued Executive Order No-29-20, which suspended certain elements of the Brown Act and specifically allowed legislative bodies to hold meetings entirely electronically with no physical meeting. In accordance with the Executive Order, the City held its first teleconference meeting on March 24, 2020, to help stop the spread of COVID-19. On June 11, 2021, Governor Newsom issued Executive Order No-08-21, which stated that the provisions in Executive Order No-29-20, suspending certain elements of the Brown Act, would continue to apply through September 30, 2021. On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023.
On September 15, 2021, Governor Newsom signed AB 361 into law, which allows state and local agencies to continue using teleconferencing during certain state-declared emergencies under modified Brown Act requirements. AB 361 became effective immediately after signing due to its emergency clause and is set to sunset on January 1, 2024. Under AB 361, teleconference meetings may be held during a state of emergency if (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) a legislative body determines by a majority vote that meeting in person would present imminent risks to the health or safety of attendees. (Gov. Code, § 54953(e)(1).)
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2 To continue teleconference meetings beyond a 30-day period, AB 361 requires the Council to make a determination that either (i) "[t]he state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) “State or local officials continue to impose or recommend measures to promote social distancing.” (Gov. Code, § 54953(e)(3)(B).) That determination must be reviewed each 30 days thereafter to continue teleconference meetings. (Ibid.)
Discussion
AB 361 allows the City Council and other City legislative bodies to continue meeting exclusively via teleconference so long as a state emergency declaration remains in place and the statute’s conditions for permitting remote meetings are met. To continue meeting remotely, the City Council must find that state or local officials have imposed or recommend measures to support social distancing, or that the state of emergency continues to directly impact the ability of the members to meet safely in person.
On October 4, 2022, Council adopted Resolution No. 22-121 affirming findings related to AB 361 and authorizing the City Manager and legislative bodies of the City of Cupertino to meet exclusively by teleconference in accordance with Government Code section 54953(e)(3) and other applicable provisions of the Brown Act through November 3, 2022 (Attachment B). Council may make either or both of the permitted findings to extend the time to allow teleconference meetings to continue. The Santa Clara County Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws (Attachment C). It is therefore recommended that Council adopt the Draft Resolution authorizing continued teleconference meetings for the City of Cupertino’s legislative bodies in order to protect the health and safety of all attendees and participants, particularly those who are unvaccinated (Attachment A).
Sustainability Impact
Conducting meetings remotely has reduced paper consumption by providing electronic access to meeting materials instead of printed materials.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Resolution
B – Adopted Resolution No. 22-121
C – Health Officer Recommendation Regarding Public Governmental Meetings 34 CC 11-01-2022
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RESOLUTION NO. 22-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD NOVEMBER 1, 2022 THROUGH DECEMBER 1, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public access and participation in meetings of the City Council, commissions, and committees; and
WHEREAS, all meetings of the City of Cupertino’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Government Code sections 54950–54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by teleconference is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to authorize meetings exclusively by teleconference, a legislative body must determine that state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, April 5, 2022, May 3, 2022, May 19, 2022, June 7, 2022, July 7, 2022, July 19, 2022, August 16, 2022, September 6, 2022, and October 4, 2022 the Cupertino City Council made the findings required under Government Code section 54953(e) and resolved that the legislative bodies of the City of Cupertino shall conduct their meetings without compliance with Government Code 35 CC 11-01-2022
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Resolution No. 22-__
section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies should comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and WHEREAS, Government Code section 54593(e)(3) provides that to continue to holding meetings of legislative bodies exclusively by teleconference, the legislative body must reconsider the circumstances of the state of emergency every 30 days, and find that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency that now exists, specifically defined in the County of Santa Clara proclamation of a local emergency beginning February 3, 2020, the City of Cupertino proclamation of a local emergency on March 11, 2020, the Governor of the State of California proclamation of a state of emergency beginning on March 4, 2020, and the national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer's Recommendation Regarding Continued Remote Public Meetings of Governmental Entities dated September 21, 2021 and the California Department of Industrial Relations Revised Emergency Temporary Standards, effective May 6, 2022, continue to require or recommend social distancing in the workplace in certain circumstances; and WHEREAS, the Health Officer's Recommendations, the Revised Emergency Temporary Standards, and evidence documenting the transmission of COVID-19 in indoor spaces establishes that the state of emergency continues to directly impact the ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby determines that the legislative bodies of the City of Cupertino shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide access for the public to legislative meetings and procedures through video teleconference technologies. 36 CC 11-01-2022
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Resolution No. 22-__
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, as follows:
1. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconference and to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective through December 1, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Cupertino may continue to teleconference without compliance with Government Code section 54953(b)(3).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November 2022, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
_______________ ________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
____________________ ___________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION N0. 22-121
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD OCTOBER 4, 2022 THROUGH NOVEMBER 3, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public access and participation in meetings of the City Council, commissions, and committees; and
WHEREAS, all meetings of the City of Cupertino' s legislative bodies are open and publig as required by the Ralph M. Brown Act ( Government Code sections 54950-54963), so that any member of the public may attend, participate, and watch the City's legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by teleconference is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and properff within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to authorize meetings exclusively by teleconference, a legislative body must determine that state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, April 5, 2022, May 3, 2022, May 19, 2022, June 7, 2022, July 7, 2022, July 19, 2022, August 16, 2022, and September 6, 2022 the Cupertino City Council made the findings required under Government Code section 54953(e) and resolved that the legislative bodies of the City of Cupertino shall conduct their meetings without compliance with Government Code section 54953(b)(3), 38 CC 11-01-2022
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Resolution No. 22-121
as authorized by Government Code section 54953( e), and that such legislative bodies should comply with the requirements to provide the public with access to the meetings as prescribed in section 54953( e)(2); and
WHEREAS, Government Code section 54593( e)(3) provides that to continue to holding meetings of legislative bodies exclusively by teleconference, the legislative body must reconsider the circumstances of the state of emergency every 30 days, and find that either ( i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or ( ii) State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency that now exists, specifically defined in the County of Santa Clara proclamation of a local emergency beginning February 3, 2020, the City of Cupertino proclamation of a local emergency on March 11, 2020, the Governor of the State of California proclamation of a state of emergency beginning on March 4, 2020, and the national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the COVID- 19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer' s Recommendation Regarding Continued Remote Public Meetings of Governmental Entities dated September 21, 2021 and the California Department of Industrial Relations Revised Emergency Temporary Standards, effective May 6, 2022, continue to require or recommend social distancing in the workplace in certain circumstances; and WHEREAS, the Health Officer' s Recommendations, the Revised Emergency Temporary Standards, and evidence documenting the transmission of COVID- 19 in indoor spaces establishes that the state of emergency continues to directly impact the ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby determines that the legislative bodies of the City of Cupertino shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide access for the public to legislative meetings and procedures through video teleconference technologies. 39 CC 11-01-2022
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Resolution No. 22- 121
NOW, THEREFORE, BE IT RESOLVED by tlie City Council of the City of Cupertino, as follows:
1. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconference and to tal< e all actions necessary to carry out the intent and purpose of this Resolution, including corrducting open and public meetings in accordance with Goveri" unent Code section 54953( e) aitd other applicable provisions of the Brown Act.
2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective tl"irough November 3, 2022, or such time as the City Council adopts a subsequent resolution in accordaiice with Government Code section 54953( e)(3) to extend the time during which the City Co' i.tncil of the City of Cupertino may continue to teleconference without compliance with Government Code section 54953( b)(3).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of October 2022, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABST AIN:
Paul, Chao, Moore, Wei, Willey
None
None
None
SIGNED:
o //,rlz_o;z_2_-
DCIffl,rcyOfPCau' h<perl%,
Date
ATTEST:
10/1 3/22
7 I(irsten Squarcia, City Clerk Date
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County of Santa Clara
Public Health Department
Health Officer
976 Lenzen Avenue, 2nd Floor
San José, CA 95126
408.792.3798
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
Recommendation Regarding Continued Remote Public Meetings of Governmental Entities Issued: September 21, 2021
In light of the continued state of emergency related to COVID-19, the County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws.
Among other reasons, this recommendation is made due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. This recommendation does not apply to those meetings of a quasi-judicial nature that have been already meeting in person prior to September 21, 2021, for example to allow for credibility determinations of witnesses.
The Health Officer will continue to evaluate this recommendation on an ongoing basis and will communicate when there is no longer such a recommendation with respect to meetings for public bodies.
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CITY OF CUPERTINO
Agenda Item
22-11569 Agenda Date: 11/1/2022
Agenda #: 11.
Subject: Consider approval of the Electric Vehicle Parking Expansion Request for Proposals (RFP)
1. Approve a purchasing exemption per Cupertino Municipal Code (CMC) Section 3.22.060(B) waiving the formal competitive bidding process; and
2. Approve the Electric Vehicle Parking Expansion RFP to provide electric vehicle charging stations at six City of Cupertino properties
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CITY COUNCIL STAFF REPORT
Meeting: November 1, 2022
Subject
Consider approval of the Electric Vehicle Parking Expansion Request for Proposals (RFP.)
Recommended Action
1. Approve a purchasing exemption per Cupertino Municipal Code (CMC) Section
3.22.060(B) waiving the formal competitive bidding process; and
2. Approve the Electric Vehicle Parking Expansion RFP to provide electric vehicle charging stations at six City of Cupertino properties.
Background
On August 16, the City Council adopted the Climate Action Plan 2.0 (CAP 2.0,) which is available on the City’s website. A series of measures and actions are outlined in CAP 2.0 that will aid the City in reducing greenhouse gas (GHG) emissions and meet those goals.
Some of those goals include reducing community-wide emissions by 50% below 2010 levels by 2030 and achieving community-wide carbon neutrality no later than 2040, five years earlier than the State of California target.
Transportation by gasoline cars was identified in CAP 2.0 as the single largest GHG emissions sector contributing to total emissions in the City, making electric vehicle (EV) adoption a key part of achieving carbon reductions. For comparison, the second largest source of emissions was building energy use from electricity and natural gas consumption. Transportation measures (TR) and actions were identified in CAP 2.0 to help achieve desirable emissions reductions.
Although the City cannot require residents or businesses to change their transportation behaviors, the City is committed to implementing choices that are attractive for the community. For example, Measure TR-3 of CAP 2.0 will ensure the infrastructure is present in the City to aid in removal of present barriers for passenger and commercial Zero-Emission Vehicles (ZEV.) Additionally, Action TR 3.2 of CAP 2.0 identifies leveraging public and private partnerships as an option to add new publicly accessible electric vehicle charging stations (EVCS) to the City.
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The City currently owns eight publicly accessible Level 2 EVCS with a total of 12 ports.
Some stations can accommodate two cars (two ports) while others only one car (one port.) The EVCS are located at City Hall, the Library, and Quinlan Community Center.
City Hall has two EVCS located on Rodrigues Avenue, adjacent to the Civic Center parking lot entrance. The Library has four EVCS located near the book drop off in the Civic Center parking lot. Quinlan Community Center has two EVCS located near the main entrance in the parking lot.
There has been growing interest in EVs and a related increase in demand for charging infrastructure. This increase in demand has been made apparent by a surge in homebased and commercial charging installations and adoption of EV specific codes and guidelines. The demand is expected to continue rising with Santa Clara County residents because they are adopting EVs at a faster rate than the rest of California.
Monthly charging sessions at existing City-owned EVCS have increased to near preCOVID levels.
The existing 12 ports currently support about 630 charging sessions each month, with about 300 unique users. This is a ratio of 50 sessions per port. The benchmark for workplace charging is in the range of 10-20 sessions per port. This benchmark comparison shows that the City charging infrastructure is unable to meet user demand today and is unprepared for a future with higher levels of EV adoption. The proposed expansion would bring the City closer to this benchmark level of utilization. The demand is expected to continue rising with Santa Clara County residents adopting EVs at a faster rate than the rest of California. Silicon Valley contains about 20% of the share of EVs in California.
Discussion
Limited access to charging stations is one of the main barriers of EV adoption. The City can help increase EV adoption by facilitating access to charging. Therefore, staff proposes an expansion of the existing charging stations and installation of new EVCS for public use at six City properties. The proposed properties are City Hall, the Library, Quinlan Community Center, the Sports Center, City Hall Annex, and Blackberry Farm Recreation and Pool. City Hall, the Library, and Quinlan Community Center have two to four existing EVCS. The Sports Center, City Hall Annex, and Blackberry Farm Recreation and Pool currently have no EVCS. The proposed six properties are considered, either now or in the future, high-use City facilities.
Based on research and discussions with neighboring jurisdictions, the project team is considering a partnership with private sector providers for the expansion of new EVCS.
The proposed RFP is for the selection of a qualified vendor that can provide a turnkey EV charging solution for public use. The selected vendor will be responsible for design, engineering, construction management, site supervision, project administration, permitting and code compliance, installation, operation, maintenance, repair, and 44 CC 11-01-2022
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replacement of the EVCS. The selected vendor will also be responsible for electricity costs, signage, property maintenance, and security.
As part of the RFP rating process, proposals that come at zero-cost or provide revenue to the City are generally preferred. However, the City will consider proposals that include a cost to the City if the solution provides exceptional value to the public and is aligned with the City’s plans. If applicable, that bidder should be awarded the contract per Section 3.22.060 (C) (3) of the CMC Chapter 3.22 which requires that contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in that chapter. The CMC Section 3.22.060(B) allows the City Council to make a finding that the use of the formal competitive bidding procedure is not practical due to quality considerations or other valid reasons such as providing exceptional value to the public. Therefore, proposals that include a cost to the City but provide more EVCS should be considered over proposals with zero cost and less EVCS. Thus, pursuant to CMC 3.22.06(B), staff recommends that the Council find that an exemption for selection of a bidder other than one providing the lowest cost is appropriate.
Staff will evaluate vendors based on the requested information outlined in the proposed RFP. Vendors who are not actively engaged in providing similar services as contained in their proposal and/or who cannot clearly demonstrate to the City their ability to perform the work per the proposed RFP requirements, will not be considered. The selected vendor will be required to enter into license agreements with terms and conditions in substantial conformity with Attachment B.
Next Steps
Staff is requesting to move forward with the RFP process and selection of a vendor.
Staff will return to Council at a later date to request award of necessary agreements to the selected vendor.
Sustainability Impact
The proposed RFP will result in the expansion and installation of new EVCS at six Cityowned properties. New EVCS will help increase EV adoption by facilitating public access to charging. Electric vehicle adoption will offer environmental and sustainability benefits and is a key part of achieving carbon reductions to meet the City’s CAP 2.0 goals.
Fiscal Impact
The Electric Vehicle Parking Expansion Project was included in the 2021/2022 Capital Improvement Program budget, 420-99-251 900-905, which was approved by Council; no additional budget appropriation is requested at this time. _____________________________________
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Prepared by: Ryan Do, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachment:
A – Draft Request for Proposal
B – Draft License Agreement
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Attachment A
City of Cupertino
REQUEST FOR PROPOSALS
for
ELECTRIC VEHICLE PARKING EXPANSION
RFP Release Date: November 4, 2022
RFP Submittal Due Date: December 2, 2022, 5:00 PM (PST) City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
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Attachment A
Table of Contents
1. OVERVIEW............................................................................................................................................................1
2. TERM OF THE AGREEMENT .................................................................................................................................2
3. PROJECT LOCATIONS AND EQUIPMENT..............................................................................................................2
4. SCHEDULE.............................................................................................................................................................9
5. OBJECTIONS...................................................................................................................................................9
6. RFP PROCESS..................................................................................................................................................9
7. PROJECT SCOPE OF WORK .......................................................................................................................... 10
8. PROPOSAL SUBMISSION REQUIREMENTS................................................................................................... 13
9. PROPOSAL EVALUATION CRITERIA ............................................................................................................. 16
10. PROTESTS.................................................................................................................................................... 17
11. GENERAL INFORMATION ............................................................................................................................ 17
12. RIGHTS OF THE CITY OF CUPERTINO ........................................................................................................... 18
13. PUBLIC NATURE OF PROPOSAL MATERIAL.................................................................................................. 18
14. INSURANCE REQUIREMENTS....................................................................................................................... 19
15. PREVAILING WAGE REQUIREMENTS ........................................................................................................... 19
16. ATTACHMENTS............................................................................................................................................ 19 48 CC 11-01-2022
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CITY OF CUPERTINO
ELECTRIC VEHICLE PARKING EXPANSION
REQUEST FOR PROPOSALS (RFP)
SUBMITTALS TO THIS RFP SHALL BE IN PDF ELECTRONIC FORMAT AND ARE DUE BY 5:00 PM (PST) ON DECEMBER 2, 2022.
All questions regarding this RFP must be received by email by 5:00 PM (PST) ON November 18, 2022.
Questions shall be sent via email to the following: Ryan Do at [email protected]
1. OVERVIEW
The City of Cupertino (City) is requesting proposals from qualified vendors to fully fund, design, install, operate, maintain, and market electric vehicle charging stations (EVCS) on City-owned properties for public use. The companies submitting proposals in response to this RFP will hereafter be referred to as “Vendor.” The locations where the City would like to have the EVCS replaced and/or new charging stations installed are listed in Section 3 of this RFP. There are six (6) locations.
This RFP is for the selection of a qualified Vendor that can provide a turnkey EV charging solution. Detailed information about the Vendor’s business model, including but not limited to equipment proposed should be included in the proposal. The selected Vendor will be responsible for, but not limited to, design engineering, construction management, site supervision, project administration, permitting and code compliance, installation, operation, maintenance, repair, and replacement of the EVCS. The Vendor will also be responsible for electricity costs, signage, property maintenance, security, and ancillary equipment as needed. The work described requires that the Vendor or its contractor be licensed by the State of California as a C10 Electrical Contractor.
The Vendor shall identify the pricing of the following two EV charging purchasing models, or an alternative pricing model:
● Level II EV charging stations are provided at no cost to the City, or through a service fee, otherwise known as ‘charging as a service’, wherein the selected Vendor, or Vendor’s identified party, maintains ownership of the Level II electric vehicle charging station, and is responsible for the ongoing operations and maintenance. ● Level III DCFC EV charging stations are provided at no cost to the City, or through a service fee, otherwise known as ‘charging as a service’, wherein the selected Vendor, or Vendor’s identified party, maintains ownership of the Level III DCFC electric vehicle charging station, and is responsible for the ongoing operations and maintenance. 49 CC 11-01-2022
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2. TERM OF THE AGREEMENT
The term (“Initial Term”) of the license agreement is envisioned to be ten (10) years from the Commencement Date. The “Commencement Date” shall mean the date of which the first EVCS is operational. The City shall have the right to extend the Initial Term of the agreement for two (2) terms of five (5) years each.
3. PROJECT LOCATIONS AND EQUIPMENT
All EVCS will be installed on City-owned properties for public use. The locations where the City would like to have charging stations installed are listed below. Aerial photos of these locations are included within this RFP. If the Vendor determines they do not wish to pursue installation at certain location(s), then they should indicate so in their proposal. EVCS can be Level 2 or Level 3, or a combination of both. Vendors should identify the number of charging stations they propose to install at each location.
Below are general descriptions of the six (6) locations:
Location 1: Sports Center, Cupertino, CA
Location 1 is the Cupertino Sports Center located at 21111 Stevens Creek Boulevard, Cupertino, CA 95014. It is a public sports center with a surface parking lot owned and operated by the City. The parking lot is free to the public and a majority is closed after business hours, except for 16 parking stalls. The parking lot has a total of 134 parking stalls not currently used as accessible or EV stalls.
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Location 1 Map
Location 2: Quinlan Community Center, Cupertino, CA
Location 2 is the Quinlan Community Center located at 10185 N. Stelling Road, Cupertino, CA 95014. It is a public community center with a surface parking lot owned and operated by the City. The parking lot is free to the public and open 24/7. The parking lot has a total of 127 parking stalls not currently used as accessible or EV stalls.
SPORTS
CENTER
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Location 2 Map
Location 3: Cupertino Library, Cupertino, CA
Location 3 is the Cupertino Library located at 10800 Torre Avenue, Cupertino, CA 95014. It is a public library with a surface parking lot owned and operated by the City. The parking lot is free to the public and open 24/7. The parking lot has a total of 108 parking stalls not currently used as accessible or EV stalls.
QUINLAN
COMMUNITY
CENTER
existing
chargers
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Location 3 Map
Location 4: City Hall, Cupertino, CA
Location 4 is the City Hall, which includes Community Hall, located at 10300 and 10350 Torre Avenue, Cupertino, CA 95014. These are public administrative buildings with a surface parking lot owned and operated by the City.
The parking lot is free to the public and open 24/7. The parking lot has a total of 106 parking stalls not currently used as accessible or EV stalls.
LIBRARY
existing
chargers
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Location 4 Map
Location 5: City Hall Annex, Cupertino, CA
Location 5 is the City Hall Annex located at 10455 Torre Avenue, Cupertino, CA 95014. This is a public administrative building with a surface parking lot owned and operated by the City. The parking lot is free to the public and open 24/7. The parking lot has a total of 21 parking stalls not currently used as accessible or EV stalls.
CITY HALL
existing
charger
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Location 5 Map
Location 6: Blackberry Farm Recreation and Pool, Cupertino, CA Location 6 is the Blackberry Farm Recreation and Pool located at 21979 San Fernando Avenue, Cupertino, CA 95014. This is a recreational facility with a surface parking lot owned and operated by the City. The parking lot is free to the public and open 24/7. The parking lot has a total of 164 parking stalls not currently used as accessible or EV stalls.
CITY HALL
ANNEX
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Location 6 Map
BLACKBERRY FARM
RECREATION AND POOL
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4. SCHEDULE
For this RFP, key dates are shown below. Vendors shall note that the dates provided are a guideline only and subject to change as the City deems in its best interest.
Date Event
November 4, 2022 RFP Released
November 18, 2022 at 5 PM (PST) Deadline for Questions
November 23, 2022 Answers to All Questions Submitted
December 2, 2022 at 5 PM (PST) RFP Submission Deadline
December 5, 2022 – December 16, 2022 Evaluation Period
December 19, 2022 Targeted Selection of Vendor
February 2023 Targeted Contract Execution
5. OBJECTIONS
Any objections as to the structure, content or distribution of this RFP must be submitted in writing to the procurement contact prior to the submission deadline for Questions and Answers. Objections must be as specific as possible, and identify the RFP section number and title, as well as a description and rationale for the objection.
6. RFP PROCESS
The City intends to select a qualified Vendor for the complete design, installation, and continued operation and maintenance of EVCS on City‐owned properties for public use.
The City will select from among qualified vendors and enter negotiations. The City plans to use the following process for this work:
1. Identify qualified vendors through this RFP.
2. City may interview certain vendors that respond to this RFP.
3. Begin negotiations with one or more vendors.
4. An agreement(s) will be brought to the City Manager for approval.
It is expected that the selected Vendor will be responsible for all services relating to the project, as identified in this RFP. Vendors may utilize subconsultants for some portions of the work, however the services to be provided by the subconsultant, as well as a short biographical profile of the subconsultant, must be included in the proposal.
The City reserves the right to reject any or all proposals. 57 CC 11-01-2022
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7. PROJECT SCOPE OF WORK
The objective of this RFP is to select and enter into an agreement with a Vendor to utilize City-owned properties for the purposes of designing, installing, operating, and maintaining EVCS. The project scope specifically includes, but may not be limited to:
Design and preparation of plans and specification for each of the proposed locations per the City, PG&E, and other applicable regulatory standards;
Coordination with all applicable agencies to obtain necessary permits, including the City; Coordination with PG&E on new service and meter installations and establishment of applicable Vendor utility billing accounts for new installations;
Securing and complying with the City license, planning entitlement, encroachment permits, building permits, and other necessary approvals;
Installation of electrical conduits and electric connection to supply power for the complete installation and operation of the EVCS;
Furnishing EVCS equipment and materials for a complete in-place system; Installation of signage, pavement markings, lighting, and restoration of existing conditions consistent with local standards;
Testing and commissioning of the EVCS;
Enabling and processing point of sale transactions while providing flexible payment options that allow for universal public access;
Providing timely maintenance services and 24/7 customer support; Providing quarterly usage data to the City; and
Complete and timely removal of EVCS equipment and materials upon conclusion or termination of the agreement.
Proposals shall include a project budget, part of which may include any expected City contributions, both immediate and on-going to deliver on the project. Projects that come at zero-cost or provide revenue to the City are preferred. The City will consider projects that include a cost to the City; however, the highest point rating will be provided to proposals that generate revenue for the City followed by proposals that result in zerocost to the City.
The locations where the City would like to have EVCS installed and/or replaced are listed in Section 3 of this RFP.
Specific stalls have not been designated for electric vehicle charging at the six locations. The selected Vendor will work with the City to identify power source locations. The exact EV charging locations would be identified by the Vendor and proposed for acceptance by the City. As EV charging is expected to increase in the future, the number of EV designated stalls could be increased and the City is open to the Vendor’s recommendations on building in expansion capacity at the six locations.
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EV Charger Technical Specifications
The following charging stations specifications and requirements should be satisfied. If the Vendor determines they are unable to fulfill any of the following technical specifications, the Vendor shall indicate so in the proposal.
High quality and visually attractive materials that are weatherproof, including resistance to rain and wind;
Security design that is both tamper-proof and vandalism-proof, such as tamper-resistant screws, antivandalism hardware, locked enclosures, and graffiti-resistant coating; Equipment shall be Underwriters Laboratories, Inc. (UL) certified and compliant with National Electrical Code and Federal Communications Commission (FCC) regulations for safety and operational requirements;
Americans with Disabilities Act (ADA) compliant;
Society of Automotive Engineers (SAE) J1772 charge connectors with self-retractable cables; Fully networked to allow for the management of charging operations including operational status, pricing, power distribution, and charging notifications; Accessible to all members of the public, with no membership to a specific network required for access; Capable of accepting and processing point of sale transaction payments of all major credit cards and ATM cards through a secure system;
Web-based station location and real-time availability through sites such as plugshare.com; Screen display shall be user-friendly and easy to operate. Displays shall be LCD, LED or equivalent, and shall be readable in direct sunlight and at night;
Level 2 (or higher) charging capacity. For Level 2, each plug must be capable of providing electric power at a minimum 7.2 kW continuous with electric service rated at not less than 240V/40A (32A continuous) to an electric vehicle. If a charger is equipped with dual plugs, then each plug must be capable of meeting the requirement simultaneously and continuously; and Level 3 DCFC shall include dual port CHAdeMO/CCS plugs or as specifically noted by the Vendor. Shall be capable of providing 150 kW charging for a single vehicle. If a charger is equipped with dual plugs, then each plug must be capable of meeting the requirement simultaneously and continuously.
Power and Communication Network
The Vendor shall furnish and install all materials, equipment, and labor necessary to install fully functioning EVCS. This shall include all work related to the development of plans and the coordination with outside utilities, as necessary, to supply power and the communications network. Following installation, the Vendor shall activate and test the EVCS and will be responsible for the safe operation and ongoing maintenance associated with all equipment and connections.
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City Permits and Business License
The Vendor shall obtain all required permits and pay associated fees. These permits may include, but are not limited to, Building Permits, and Encroachment Permits. The Vendor will also need to obtain and renew annually, a City Business license.
Signage and Striping
The Vendor shall design, furnish, and install signage for the EVCS, as approved by the City. The Vendor shall install EV parking stall pavement markings per City reviewed and approved plans. The signage and pavement markings must be consistent with industry standards for EVCS, City requirements, and State and federal guidelines (i.e. thermoplastic per California Building Code Standards).
Protection and Restoration of Existing Improvements
The Vendor shall repair or replace all existing improvements not designated for removal which are damaged or removed because of its operation including but not limited to curbs, gutters, sidewalks, driveways, fences, walls, pavement, striping, signs, sprinkler systems or plantings. Improvements shall be restored to a condition equal or better than the original condition.
Traffic and Access
The Vendor shall be responsible, during all phases of the work, to provide for public safety and convenience using traffic cones, signs, barricades, caution tape, temporary paving, steel plates or other means specified in the California Manual of Uniform Traffic Control Devices (MUTCD) as appropriate for the duration of disruption.
Maintenance and Communications
The Vendor shall provide maintenance services to ensure all equipment is properly checked, tested, and activated for proper operation monthly or as requested by the City. The Vendor shall provide a network communications system with a service provider capable of monitoring the EVCS for any error or malfunction 24 hours a day, seven days a week. Maintenance of the EVCS should be performed by local service providers who have the capability and capacity to respond to calls for maintenance/service in the following manner and time frame:
The service provider shall be notified of the malfunction and immediately notify the City staff of such malfunction or operating error within four (4) hours.
In the event of an equipment or hardware malfunction or failure, a maintenance crew shall respond to the site within 24 hours from the time the issue is reported. 60 CC 11-01-2022
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Service Provider and Data Capture
The Vendor should describe in their proposal how data will be collected and secured, and what reports, if any, would be periodically generated for the City as part of the charging operations.
Product Safety
EVCS shall have the ability to stop the flow of power when not in use. The system shall have over-current protection to prevent vehicles from drawing too much power.
Network and Cloud Services
EVCS must be networked for remote management. Vendor must describe how Open Charge Point Protocol (OCPP) will be provided. It is the City’s preference to provide OCPP and not a proprietary communications protocol.
EVCS user must be able to connect to the network via cellular network – describe in comments which carriers and technology (4G, 5G, LTE) are supported.
For payment option, EVCS and network must be PCI (Payment Card Industry) compliant. Must have the ability to notify driver when charging is complete or if a charging session has been disrupted.
Describe all pricing options and any flexibility for City fleet vehicles.
Program Benefits to the City
As part of the proposal, the Vendor should describe the net benefit to the City of being selected to provide EVCS. This may take the form of a credit to the City, enhanced services, products or mitigating improvements.
Some examples of benefits include:
Installation of a greater variety of charger types
Revenue share
Favorable end user pricing
Renewal options associated with the end of lease – such as added compensation, planning installation of the latest technology with new equipment
8. PROPOSAL SUBMISSION REQUIREMENTS
Deadline for receipt of RFP submittals is 5:00 PM (PST) on December 2, 2022. Any submittal that is received after the deadline will be rejected by the City. Submittals shall be addressed to Ryan Do, Project Manager. Submissions should be electronic in PDF format and submitted in the City’s Bid portal online at:
https://apps.cupertino.org/bidmanagement/index.aspx
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Vendors will need to create an account to download RFP documents as well as to upload proposals. To submit a proposal, open the RFP posting and select the Electronic Submission tab.
Questions and requests for clarification and/or additional information shall be directed in writing via email to Ryan Do at [email protected] by November 18, 2022 at 5:00 PM (PST). Please reference “Electric Vehicle Parking Expansion RFP” in the subject line. All responses to questions and/or clarifications will be provided by addenda via the City’s public bidding webpage by November 23, 2022.
It is recommended that vendors familiarize themselves with the web application prior to the due date. Make sure to follow all instructions and include all required forms. Submitting a proposal electronically can take more time than anticipated so please allow enough time to finalize your submission by the stated deadline. Submittals in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow submission once it closes. Hard copies in any form will not be accepted. No faxed proposal will be accepted.
Electronic submittals are the only form that will be accepted.
All submittals shall become the sole property of the City and the content will be held confidential until the selection of a provider is made. Any proprietary information must be designated clearly and should be bound separately and labeled with words “PROPRIETARY INFORMATION”. An entire submittal marked as such will not be accepted.
After the release of this RFP, no respondent (or any of responding provider’s principals, owners, partners, subcontractors, etc.) shall contact any employees of the City (including Administrators, Council Members, etc.) except for the Primary Point of Contact listed on Page 1 of this RFP prior to the date of final selection of vendor by the City. All communication and questions shall be directed toward Primary Point of Contact listed on Page 1.
Any attempt of communication to any other City-related personnel shall result in disqualification of responding provider.
Submittals shall be no more than (25) single-sided pages in total length, using 11-point font or larger. Any responses greater than (25) pages will be rejected by the City. The (25) page-limit shall include the following:
Table of Contents
The table of contents of the proposal should include a clear and complete identification of the materialssubmitted by section and page number.
Cover Letter
A signed letter of interest, stating the Vendor’s interest and qualifications in providing the services as outlined in the RFP. The letter shall provide the name, title, address, telephone number, and email of the individual authorized to contractually bind the company and be signed by the authorized individual. Also, include the name of the contact person for this RFP.
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Company Profile
A brief company profile that identifies the company information, including years in business, names previously used, and other company affiliations; description of any anticipated changes of ownership or control of the company; mailing address of the Vendor’s principal place of business; mailing address, phone number, and fax number of the office in which the project team will be located; and other general information that is deemed significant enough to be highlighted.
Executive Summary
An executive summary that demonstrates your understanding of this project and how you will meet the project schedule, goals, and objectives.
A brief statement of the Vendor's understanding of the work to be done and commitment to perform the work as scheduled, including:
Statement of work specifications;
Reference to any proposed contractual terms and conditions required by the Vendor; A summary of exceptions taken to the RFP requirements; and Expectations from the City to support the proposed implementation.
Experience
A detailed narrative demonstrating the Vendor’s expertise and experience to provide the proposed solution.
Describe the company’s experience as may be applicable to this RFP, the organizational structure, management qualifications, and other contract related qualifications, including number of years company has been in business.
Identify existing related or relevant projects or programs which the Vendor developed and/or operatesthat would demonstrate Vendor capabilities in this area.
Customer Reference
Five (5) references for which your company has provided services similar in scope as described in this RFP. Each reference must be for a different client. Please include the scope of the projects, size of transactions.
Project Team Qualifications and Experience
The names and background information on staff that will be assigned to this project including the office locations(s) where work will be performed. Specify key personnel and describe their qualifications, experience, and duties. Include one-page résumés for the key personnel as needed.
If Vendor anticipates utilizing any subcontractor to perform work under the contract, provide the name of the subcontractor, a description of the work the subcontractor will perform, and a description of the subcontractor’s experience in performing the work.
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Project Schedule, Approach and Operation
A brief description of the plan and approach the Vendor will take to complete the Scope of Services as provided in Section 6. Vendor may include their own proposed Scope of Services that adds, deletes, or modifies services that the vendor deems necessary to meet the project objectives. The Vendor shall include any and all detailed expectations from the City including, but not limited to, requirements definitions, strategy refinement, financing strategy and staffing requirements to support the proposed program implementation (e.g. Building plan check review and inspection).Vendors may also include additional information or offerings for services, products, tasks, task elements and/or functions that may not be part of or included in the RFP but are deemed by the Vendor to be pertinent and potentially valuable to City. One consideration in the City’s rating of proposals will be the total number of EVCS the Vendor intends to install.
A project timeline for the completion of the project with key milestones and dates. The Vendor shall assume a contract start date of February 2023 for scheduling purposes. The City will rate proposals on the project completion timeline, including any milestones that the Vendor believes are appropriate, and consideration shall be given to the total number of EVCS installed.
The Vendor shall also include information on how EVCS shall be maintained and will remain operational during the terms of the agreement.
City Project Costs
As previously mentioned, Projects that come at zero-cost or provide revenue to the City are preferred. The City will consider projects that include a cost to the City; however, the highest point rating will be provided to proposals that generate revenue for the City followed by proposals that result in zero-cost to the City. The lowest point rating will be provided to proposals that result in costs to the City.
Attachment
The following document must be completed and submitted with the proposal:
Attachment A – EVCS Proposal Summary Table
Attachment B – License Agreement. Vendor shall note any exceptions to the terms and conditions of the License Agreement. If there are no exceptions, please return the first page of the License Agreement marked “No Exceptions.” Please not that excessive changes may result in lower proposal scores.
9. PROPOSAL EVALUATION CRITERIA
The City will evaluate vendors based on the requested information as outlined in Section 7. Vendors who are not actively engaged in providing services of the nature proposed in their submittal and/or who cannot clearly 64 CC 11-01-2022
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demonstrate to the City their ability to satisfactorily perform the work in accordance with the RFP requirements will not be considered. Vendors who do not meet the minimum requirements will not be considered.
The City will use the following to guide its selection of a qualified vendor:
Criteria Weight
Proposal Responsiveness Pass/Fail
Experience – Qualification of Proposer & Customer
References
15 Project Team Qualifications 10
Project Schedule, Approach and Operational Plan 40
City Project Costs 35
Total 100
Finalists (proposals determined to have scored in the competitive range) may be invited to present oral presentations for the purpose of introducing key members of the project team and allowing the City to fully understand the Vendor’s ability to meet the evaluation criteria. Oral presentations will not be scored separately.
Instead, the City may modify vendor scores and resulting rankings based on the oral presentation.
The City shall be the sole judge of the proposals and services to be offered and its decision shall be final.
10. PROTESTS
If an unsuccessful Vendor wants to dispute the award recommendation, the Protest must be submitted in writing to the contact listed below no later than ten (10) calendar days after announcement of the selected Vendor, detailing the grounds, factual basis and providing all supporting information. Protests will not be considered for disputes of proposal requirements and specifications, which must be addressed in accordance with Section 5.
Failure to submit a timely written Protest to the contact listed below will bar consideration of the Protest.
The address for submitting protests is:
City of Cupertino
Department of Public Works
10300 Torre Avenue
Cupertino, CA 95014
Attn.: Ryan Do, Project Manager
11. GENERAL INFORMATION
The selected Vendor will be required to enter into an agreement with terms and conditions in substantial conformity with Attachment B of this RFP.
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All costs associated with responding to this request are to be borne by the Vendor.
It is the City’s policy that the selected firm shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law, in connection with or related to the performance of City of Cupertino contracts.
12. RIGHTS OF THE CITY OF CUPERTINO
This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:
Accept an offer in full, or in part, or to reject all offers. Make the selection based on its sole discretion.
Reject any and all proposals.
Issue subsequent Requests for Proposals.
Postpone opening proposals for any reason.
Remedy errors in the Request for Proposals process.
Approve or disapprove the use of particular subconsultants. Negotiate with any, all or none of the Vendors.
Accept other than the lowest offer.
Waive informalities and irregularities in the Proposals. Enter into an agreement with another Vendor in the event the originally selected Vendor defaults or fails to execute an agreement with the City.
13. PUBLIC NATURE OF PROPOSAL MATERIAL
Responses to this RFP become the exclusive property of the City of Cupertino. At such time as the City awards a contract, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, except for those elements in each proposal which are defined by the Vendor as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary,” or if disclosure, in the City’s sole discretion, is required under the California Public Records Act as addressed below. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.
Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Cupertino may determine, in its sole discretion that the information that a 66 CC 11-01-2022
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Vendor submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Vendor who submitted the information reasonable notice to allow the Vendor to seek protection from disclosure by a court of competent jurisdiction, at the Vendor's sole expense. If Vendor takes no such action after receiving the foregoing notice from the City, the City shall comply with the records request and is not required to defend against it.
14. INSURANCE REQUIREMENTS
The selected Vendor will be required to submit to the City the insurance certificate(s) and endorsement(s) as outlined in Attachment B. Certificate of Insurance and endorsements shall be provided to the City within ten (10) days following issuance of the Notice of Potential Award. The required insurance must cover the activities of contractor and its subcontractors relating to or arising from the performance of the Work and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s Financial Strength Rating of “A” or better and a financial size rating of “VIII” or better.
15. PREVAILING WAGE REQUIREMENTS
Pursuant to California Labor Code § 1720 et seq., the Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship, and similar purposes.
These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each contractor and subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4.
16. ATTACHMENTS
Attachment A – EVCS PROPOSAL SUMMARY TABLE
Attachment B – LICENSE AGREEMENT
Attachment C – INSURANCE REQUIREMENTS
END OF REQUEST FOR PROPOSALS
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ATTACHMENT A - EVCS PROPOSAL SUMMARY TABLE
Vendors must complete the table below and submit this attachment with the proposal.
ITEM VENDOR’S PROPOSAL
Location 1 – Sports Center
Total Number of Level 2 Charging Stations
Total Number of Level 2 Plugs
Total Number of Level 3 Charging Stations
Total Number of Level 3 Plugs
Amount of Lease Payment to City Per Month Per
Charging Station ($)
Amount of City One-Time Participation ($)
Amount of Annual City On-going Participation ($)
Location 2 – Quinlan Community Center
Total Number of Level 2 Charging Stations
Total Number of Level 2 Plugs
Total Number of Level 3 Charging Stations
Total Number of Level 3 Plugs
Amount of Lease Payment to City Per Month Per
Charging Station ($)
Amount of City One-Time Participation ($)
Amount of Annual City On-going Participation ($)
Location 3 – Cupertino Library
Total Number of Level 2 Charging Stations
Total Number of Level 2 Plugs
Total Number of Level 3 Charging Stations
Total Number of Level 3 Plugs
Amount of Lease Payment to City Per Month Per
Charging Station ($)
Amount of City One-Time Participation ($)
Amount of Annual City On-going Participation ($)
Location 4 – City Hall
Total Number of Level 2 Charging Stations
Total Number of Level 2 Plugs
Total Number of Level 3 Charging Stations
Total Number of Level 3 Plugs
Amount of Lease Payment to City Per Month Per
Charging Station ($)
Amount of City One-Time Participation ($)
Amount of Annual City On-going Participation ($)
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Electric Vehicle Parking Expansion RFP Page 2 of 2
Location 5 – City Hall Annex
Total Number of Level 2 Charging Stations
Total Number of Level 2 Plugs
Total Number of Level 3 Charging Stations
Total Number of Level 3 Plugs
Amount of Lease Payment to City Per Month Per
Charging Station ($)
Amount of City One-Time Participation ($)
Amount of Annual City On-going Participation ($)
Location 6 – BBF Recreation and Pool
Total Number of Level 2 Charging Stations
Total Number of Level 2 Plugs
Total Number of Level 3 Charging Stations
Total Number of Level 3 Plugs
Amount of Lease Payment to City Per Month Per
Charging Station ($)
Amount of City One-Time Participation ($)
Amount of Annual City On-going Participation ($)
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Electric Vehicle Parking Expansion RFP Page 1 of 1
ATTACHMENT B – LICENSE AGREEMENT
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Electric Vehicle Parking Expansion RFP Page 1 of 1
ATTACHMENT C – INSURANCE REQUIREMENTS
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Attachment B
CHARGING STATION LICENSE AGREEMENT
This Charging Station License Agreement (“Agreement”) is entered into as of the _____day of _______________, 20____ (“Agreement Date”) by and between the City of Cupertino, a Municipal Corporation, whose address is 10300 Torre Avenue, Cupertino, CA 95014 ("CITY") and ___________________________________, a _________________________ company, whose address is _______________________________________________________ ("__________").
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
1. Grant of License. CITY is the fee simple owner of certain real property located at __________________________________________, Cupertino, CA 95014 (“Property”). CITY grants to __________ for the Term of this Agreement: (i) an exclusive and irrevocable license to use and occupy a portion of the Property as more particularly described on Exhibit A hereto (the “Premises”) for the Purpose, as defined below; and (ii) any necessary easements for access and utilities for the Purpose.
2. Purpose. The Premises may be used by __________ for any lawful activity in connection with the design, development, construction, installation, maintenance, repair, replacement, removal, security, and operation of electric vehicle chargers and ancillary items, including, without limitation, electrical equipment, hardware, software, signage and all supporting equipment and structures (which may include concrete pads and protective bollards) (collectively, the “Charging Station”), together with any other uses permitted herein (“Purpose”), on the terms and conditions set forth in this Agreement.
3. Term & Termination. The term of this Agreement (as extended or renewed from time to time, the “Term”) shall commence on the Agreement Date and terminate ten (10) years from the date that the Charging Station is first operational (“Commencement Date”). __________ shall send CITY notice of the Commencement Date within thirty (30) days of the Commencement Date.
4. Renewal. Following the expiration of the initial ten (10)-year Term, this Agreement will automatically renew for successive five (5)-year periods, unless terminated by either party upon at least thirty (30) days prior written notice.
5. License Fee. __________ shall pay to CITY a one-time fee of $__________ (“License Fee”) within thirty (30) days of the Commencement Date. Should the Agreement automatically renew 72 CC 11-01-2022
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Attachment B
upon the expiration of the initial Term pursuant to Paragraph 4, above, __________ shall pay CITY $__________ for each additional five (5) year that the Agreement is renewed within thirty (30) days of each renewal date.
6. Early Termination. This Agreement may be terminated upon thirty (30) days’ written notice to either party without penalty or fee:
a. in the case of __________, at any time prior to the submission of the permit application for construction of the Charging Station at the Property or in the event that __________ determines that the construction or continued operation of the Charging Station is impracticable or uneconomical; and b. in the case of CITY, in the event the Commencement Date has not occurred within fifteen (15) months following the Agreement Date; provided that the foregoing right shall terminate upon the Commencement Date.
7. Termination for Cause. This Agreement may be immediately terminated for cause by either party under either of the following circumstances:
a. the other party breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for ten (10) business days after receipt of written notice; or
b. the other party becomes insolvent or proceedings are instituted by or against it under any provision of any federal or state bankruptcy insolvency laws.
8. Maintenance of Premises and Taxes.
a. CITY shall cause the Premises to be maintained in a clean, safe, and orderly condition, to at least the same standard as other areas at the Property. b. CITY shall have no responsibility to maintain __________’s Charging Station or related __________ equipment, hardware, software, or signage. CITY shall not retain any ownership rights in the Charging Station and related __________ equipment. __________ is solely responsible for property taxes imposed on the Premises and/or Charging Station. Each party is responsible for its own income, franchise, or similar taxes.
9. Installation Activities.
a. __________ shall, at its sole cost and expense, be responsible for all installation activities (the “Installation Activities”) required to support the operation of the Charging Station and services therewith, including furnishing and installing all materials, equipment, and labor required for the installation of the Charging Station. This includes but is not limited to all work related to the development of plans and documents for supplying power to the Charging Station per PG&E standards and CITY requirements; the hiring and coordination of all vendors and contractors; the installation of electrical equipment, utility lines, hardware, and 73 CC 11-01-2022
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Attachment B
software; and site preparation, trenching, repaving, and landscaping. Following the installation, __________ shall activate and test the Charging Station. __________ knows of prevailing wage requirements under the laws of the State of California and shall pay prevailing wages for all Installation Activities in accordance with those laws.
b. __________ may, at any time during the Term and in its discretion modify, including, without limitation, upgrade, replace, and/or remove all or a portion of the Charging Station (collectively, “Modifications”), whether or not said items are considered fixtures and attachments to the Premises under applicable laws; provided, however, before any such Modifications, __________ shall provide at least sixty (60) days prior notice to CITY and, to be included in such notice, supporting documentation of the Charging Station’s customer utilization justifying the need for any such Modifications.
c. Before beginning any Installation Activities, __________ shall provide a copy of the construction schedule, Charging Station specifications, and installation plans to CITY for its approval, which approval shall not be unreasonably delayed or withheld. No work will begin until plans have been approved by CITY and all applicable permits and certifications have been obtained from CITY. d. With respect to its Installation Activities, __________ shall ensure that it or its designated contractor(s) and/or service providers perform Installation Activities only during times and days acceptable to CITY and in a manner so as not to unreasonably interfere with CITY’s business operations. e. On completion of any Installation Activities under this Agreement, CITY shall not retain any ownership rights of the Charging Station and related equipment, hardware, software, signage, and supporting equipment and structures at the Property.
10. Electricity. Unless otherwise agreed by the parties, __________ shall be responsible for all electricity costs of the Charging Station by obtaining separately-metered electricity service. CITY shall reasonably cooperate with __________’s efforts regarding the provision of electricity to the Charging Station. Neither CITY nor __________ has any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to the Charging Station, unless the cause of the interruption is covered by the party’s indemnity.
11. Charging Services, Operation and Maintenance.
a. __________’s network on the Charging Station shall be accessible to __________’s subscribers, customers, agents, employees, contractors, vendors, guests, and invitees (“_________ Customers”), who shall be charged in amounts reasonably determined by __________, which may change from time to time in __________’s sole discretion.
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b. __________ shall provide maintenance services to ensure all equipment is properly checked, tested, and activated for safe and proper operation. __________ shall create a network communications system capable of monitoring the Charging Station for errors or malfunction at all times. c. The Charging Station shall have the ability to stop flow of power when not in use.
The system shall have over-current protection to prevent vehicles from drawing too much power.
12. Access. The Property is a public parking lot, which shall allow __________ Customers complimentary access to the Premises at all times during the Term of this Agreement, except during times at which the CITY must close the parking lot for maintenance, safety, special events, and other unforeseen reasons in the discretion of the CITY. The CITY shall use best efforts to notify __________ at least forty-eight (48) hours in advance of such a closure. Subject to all other provisions and obligations of this Agreement and applicable permitting requirements, __________ and its employees, contractors, and vendors may access the Premises and Property to maintain, inspect, repair, upgrade, or replace any portion of the Charging Station.
13. Customer Use. Upon CITY’s request, __________ shall provide CITY a report detailing the Charging Station’s utilization. If, upon review of the report, the parties mutually determine that (i) complimentary access to use the Charging Station resulted in frequent abuse of CITY-prescribed parking time limits for the parking stalls located at the Property and, (ii) parking meters would mitigate such abuse, then __________, at its sole cost and expense, shall install parking meters at the CITY’s parking stalls servicing the Charging Station. __________ and CITY shall mutually agree on the parking time limits and fees associated with such parking meters.
14. Signage and Striping. Subject to CITY’s prior approval, __________ may paint, place, erect, or project signage, marks, or advertising devices in, on, about, or around the Premises at __________’s sole cost and subject to applicable laws and regulations. At no time may CITY place any signage on __________’s property. __________ shall install electric vehicle parking stall pavement striping and markings per the plans approved by the CITY. All signage and pavement markings must be consistent with industry standards for electric vehicle parking, CITY requirements, and State and Federal guidelines. __________ shall furnish and install all materials, equipment, and labor for the Charging Station signage and pavement markings.
15. Promotional Activities. During the Term of the Agreement, __________ may promote the availability of the Charging Station through traditional and/or electronic media, including providing the address to the Property and a description thereof. No party shall use the other party’s trade or service marks, logos, or other proprietary materials without the prior written consent of the other party.
16. Restoration of Premises. Upon the expiration of the Term, or other termination of this 75 CC 11-01-2022
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Agreement, __________ shall remove the Charging Station and all __________’s other property from the Premises and Property within ninety (90) days. __________ shall return the Premises, and the Property to the extent __________’s work has damaged or altered the Property, to its original condition prior to the execution of this Agreement, reasonable wear and tear excepted. These obligations shall survive the termination of this Agreement and shall not be excused for any reason, including but not limited to termination due to __________’s insolvency.
17. Indemnity. This Agreement is made upon the express condition that __________ shall indemnify, defend, keep, and save harmless CITY, and its directors, officers, agents, and employees against any and all suits, claims, or actions arising out of any injury or injuries to, or death or deaths of, persons or damage to third party property that may occur, or that may be alleged to have occurred, to the extent caused by __________’s use of the Property and/or Premises or the negligent acts or omissions of __________, its agents, employees or contractors, except where caused by the negligence or willful misconduct of CITY, its employees, contractors, or agents. __________’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
18. Insurance. During the Term of this Agreement, __________ shall maintain in full force and affect the following insurance policies:
a. Commercial general liability policy (bodily injury and property damage); and b. Commercial automobile liability insurance policy.
These policies shall be maintained with respect to employees and vehicles using the Property with coverage amounts and including the required endorsements, certificates of insurance and coverage verifications as defined in Exhibit D attached and incorporated by this reference.
19. Representations, Warranties, and Covenants. __________ and the CITY each hereby represents and warrants to the other that, as of the Agreement Date: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of the Agreement have been duly authorized by all necessary actors and none of the Agreement’s provisions violate any term or condition of its governing documents, contracts to which it is a party, or any law, regulation, order, or other applicable legal determination; (c) there is no pending or known threatened litigation or proceeding that may adversely affect its ability to perform the Agreement; (d) it is duly organized and validly existing under the laws of 76 CC 11-01-2022
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Attachment B
the jurisdiction of its organization; (e) the Agreement constitutes a legal, valid, and binding obligation, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights and general principle of equity; and (f) at all times during the Term, it will comply with all applicable Federal, State, and local laws, rules, and regulations (including, without limitation, all zoning ordinances and building codes) in performing its obligations under the Agreement.
20. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and be served either by (i) deposit in the mail, addressed to the party to be notified, postage prepaid, and registered or certified, with a return receipt requested, or (ii) deposit with an internationally-recognized overnight delivery carrier, with notice of delivery to the recipient party. Notice given by registered or certified mail or overnight carrier shall be deemed delivered and effective on the date of delivery shown on the return receipt or proof of receipt. For purposes of notice the addresses of the parties shall be as set forth in this Agreement. Each party may change its address for notice by giving notice thereof to the other party.
City:
City Manager, City of Cupertino
103000 Torre Avenue
Cupertino, CA 95014-3202
Company Name:
21. Property Rights; Assignment. This Agreement is binding on and inures to the benefit of the parties and their respective heirs, successors, assigns, and personal representatives.
In the event the Premises is transferred, or CITY ceases to have the requisite level of control over the Premises necessary to fulfill its obligations under this Agreement (each, a “Transfer Event”), CITY shall assign its rights and obligations under this Agreement to the person or entity which would be able to comply with CITY’s obligations following such Transfer Event. Further, CITY agrees that any such Transfer Event shall not affect, terminate, or disturb __________'s right to use of the Premises under the terms of this Agreement or any of __________'s other rights under this Agreement, so long as __________ is not then in default under any of the terms, covenants, or conditions of this Agreement.
22. Casualty and Condemnation. If any portion of the Property is damaged by fire or other casualty in a manner that adversely affects ____________’s use of the Premises, then either party may, within thirty (30) days of the date of such fire or other casualty, elect to 77 CC 11-01-2022
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Attachment B
terminate the Agreement by written notice to the other party. If any portion of the Property is condemned or taken in any manner for a public or quasi-public use that could adversely affect __________’s use of the Premises, then __________ may elect to terminate the Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority.
23. No Agency Relationship. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, fiduciary, or agency relationship between the parties for any purpose, and the employees of one party shall not be deemed to be the employees of the other party. Except as otherwise stated in this Agreement, neither party has any right to act on behalf of the other, nor represent that it has such right or authority.
24. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. The Agreement shall be construed and deemed reformed to the extent necessary to render valid such term and the rights and obligations of the parties shall be enforced accordingly.
25. Governing Law; Waiver of Jury Trial. This Agreement shall be governed by and interpreted in accordance with the internal laws of the State of California without giving effect to conflict of law rules. Venue shall be in County of Santa Clara. The parties hereby waive any and all rights to request or require that a jury determine any fact, matter, dispute or litigation between them, or render any judgment or decision, in any way concerning this Agreement, and agree that any and all litigation between them arising from or in connection with this Agreement shall be determined by a judge sitting without a jury. In the event of litigation between or among the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable expenses of litigation of the successful party, including attorneys’ fees, experts’ fees, and expenses.
26. No Waiver. No waiver by CITY or ___________ of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by CITY or __________ of the same or any other provision. CITY’s consent to, or approval of any act shall not be deemed to render unnecessary the obtaining of CITY’s consent to or approval of any subsequent act by __________.
27. Remedies. The rights and remedies provided by this Agreement are cumulative, and the use of any right or remedy by any party does not preclude or waive its right to use any or all other remedies. These rights and remedies are given in addition to any other rights a party may have under any applicable law, in equity or otherwise.
28. Force Majeure. Neither party is responsible for any delay or failure in performance of any part of this Agreement to the extent that delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, act or omission of carriers or other similar causes beyond the party’s control. 78 CC 11-01-2022
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29. No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies on any person other than the parties and their respective successors and permitted assigns.
30. Integration; Amendments. This Agreement contains all agreements, promises, and understandings between the parties, and there are no verbal or oral agreements, promises, or understandings between the parties. Any amendment, modification, or other change to this Agreement shall be ineffective unless made in a writing signed by the parties hereto.
31. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all the parties had signed the same document.
32. Construction. All documents or items attached to, or referred in, this Agreement are incorporated into this Agreement as fully as if stated within the body of this Agreement.
Each party has cooperated in the drafting, negotiation, and preparation of this Agreement and nothing herein shall be construed against either party on the basis of that party being the drafter of such language.
33. Recording of Agreement. __________ shall record this Agreement with the County of Santa Clara County Recorder.
IN WITNESS WHEREOF, the parties execute this Agreement as of the date first above written.
CITY OF CUPERTINO, COMPANY NAME
A Municipal Corporation
By: By:
Name: Pamela Wu Name:
Title: City Manager Title:
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11573 Agenda Date: 11/1/2022
Agenda #: 12.
Subject: Consider authorizing the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road Authorize the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
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CITY COUNCIL STAFF REPORT
Meeting: November 1, 2022
Subject
Consider authorizing the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road.
Recommended Action
Authorize the City Manager to execute a Cost Share Agreement with the City of Saratoga for pavement sealing on Prospect Road between De Anza Boulevard and Stelling Road.
Discussion
The City of Cupertino and the City of Saratoga share maintenance responsibilities for Prospect Road between De Anza Boulevard and Stelling Road as the City boundary lies along the centerline of the road. Both cities desire to place a rubberized cape seal on Prospect Road to improve road quality. The cape seal will be followed by replacement of traffic striping and legends. Stripping enhancements, such as high visibility green bike lane markings and bike buffers would also be added to improve bike safety in the area.
Placement of the rubberized cape seal on Prospect Road was included within the scope of work under the 2022 Pavement Maintenance Phase 2 contract authorized by Council on October 4. The Cost Share Agreement was negotiated based on estimated quantities for work on Prospect Road and actual contract unit costs to complete work. Under the Agreement, Saratoga will be required to reimburse the City of Cupertino for 50% of costs. The Agreement allows for a 10% construction contingency as well as a 10% markup for project administration. Execution of the Cost Share Agreement will result in Saratoga reimbursing the City up to $165,000 upon completion of work.
Sustainability Impact
No Sustainability Impact
California Environmental Quality Act (CEQA)
Execution of the Cost Share agreement is exempt from CEQA. Work performed under the 2022 Pavement Maintenance Phase 2 Project is exempt from CEQA under 14 C.C.R 81 CC 11-01-2022
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Sections 15301(c), repair and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
Fiscal Impact
Execution of this Cost Share Agreement will generate up to $165,000 in revenue to offset costs associated with the 2022 Pavement Maintenance Phase 2 contract. No additional appropriations are required.
_____________________________________
Prepared by: Jo Anne Johnson, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Cost Share Agreement
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Attachment A
AGREEMENT BETWEEN THE CITY OF SARATOGA
AND THE CITY OF CUPERTINO
FOR PAVEMENT SEALING OF
PROSPECT RD BETWEEN DE ANZA BLVD AND STELLING RD
This Agreement ( “Agreement”) is made and entered into this ___ day of ____________,2022, (“Effective Date”) by and between the City of Saratoga, a California, municipal corporation, with its principal place of business located at 13777 Fruitvale Ave, Saratoga, CA 95070 ( “SARATOGA”), and the City of Cupertino, a California municipal corporation, with its principal place of business located at 10300 Torre Ave, Cupertino, CA 95014 ( “CUPERTINO”). SARATOGA and CUPERTINO may be referred to individually or collectively as the “Parties,” “Cities,” or the “Parties to this Agreement.”
RECITALS
WHEREAS:
A. SARATOGA and CUPERTINO contemplate placing a Rubberized Chip Seal on Prospect Road between De Anza Blvd and Stelling Road (“PROJECT”), over which SARATOGA and
CUPERTINO have jurisdiction;
B. It is in the public interest for SARATOGA and CUPERTINO to complete the PROJECT (as defined in SECTION 1, below) in a cooperative and economical manner by constructing both portions of the PROJECT for SARATOGA and CUPERTINO at the same time;
C. The Parties acknowledge CUPERTINO is the California Environmental Quality Act (“CEQA”) Lead Agency for the PROJECT, and CUPERTINO’s compliance with CEQA is a precondition to any construction of the PROJECT, including SARATOGA’s portion; and
D. Each Party has agreed to perform its portion of the work as described herein, under its own direction.
In consideration of the above referenced recitals and the following mutual covenants, agreements and obligations of the parties, SARATOGA and CUPERTINO agree as follows:
AGREEMENT PROVISIONS
1. PROJECT DESCRIPTION:
The work to be performed under this Agreement will consist of rubberized chip seal, micro surfacing, replacement of traffic markings, and markers and legends. The work to be performed is more fully described in the document entitled "Scope of Work and Schedule of Performance" set forth in Exhibit A, attached and incorporated by reference.
The City limit between SARATOGA and CUPERTINO along Prospect Road between De Anza Boulevard and Stelling Road runs along centerline of Prospect Road. Approximately 83 CC 11-01-2022
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Attachment A
50% of the project area is within SARATOGA's jurisdiction and 50% is within CUPERTINO’s jurisdiction. SARATOGA will be responsible for 100% of SARATOGA’s Construction Cost (as defined herein) within its jurisdiction.
2. CUPERTINO’s OBLIGATIONS:
CUPERTINO agrees as follows:
A. To act as the lead agency to administer the
construction of the PROJECT. Administration shall include preparation of specifications, contract documents and cost estimate; notifications to local businesses; coordination with applicable agencies; preparation of all necessary environmental documents; obtaining permits; obtaining bids; awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making progress payments to the contractor.
B. To promptly provide SARATOGA with awarded final specifications and contract documents for the PROJECT.
C. To cooperate with SARATOGA should SARATOGA raise any issues concerning the work in SARATOGA’s jurisdiction that requires correction by the selected contractor prior to acceptance or within the warranty period of the PROJECT.
D. To assign as the designated project manager for CUPERTINO for the duration of the PROJECT Jo Anne Johnson (email: [email protected]). CUPERTINO’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with CUPERTINO.
E. To keep and maintain a complete copy of all records regarding costs and expenditures relating to the PROJECT, together with a complete copy of all plans, specifications, reports, contracts, and other documents relating to the PROJECT, and the same shall be available for inspection by SARATOGA at any time during usual business hours.
F. To allow SARATOGA staff reasonable access to the PROJECT site, at all reasonable times and upon advance notice, to perform observation of any work on the SARATOGA portion of the PROJECT.
G. To provide SARATOGA with a copy of as-built record drawings for the PROJECT including specifically the SARATOGA portion thereof.
H. To include, in its contract with the contractor on the PROJECT, a requirement that the contractor include SARATOGA, its officials, officers, employees and agents as additional insureds, and that the contractor indemnify SARATOGA, its officials, officers, employees and agents to the same extent that CUPERTINO is indemnified. 84 CC 11-01-2022
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Attachment A
I. To require the contractor on the PROJECT, obtain all required permits and approvals for all PROJECT work, including work associated with the SARATOGA portion thereof.
J. To provide a final accounting of all PROJECT costs associated with the SARATOGA portion of the PROJECT to SARATOGA within thirty (30) days after the Parties accept the PROJECT as complete.
3. SARATOGA’S OBLIGATIONS:
SARATOGA agrees as follows:
A.  Pay f o r 100% of SARATOGA's share of the C o nst r u cti on Cost. As used in this Agreement, the term “Construction Cost” is defined to mean the actual amount paid to the contractor for the PROJECT, plus ten percent (10%) for CUPERTINO’s engineering, construction management and other administrative services and, if necessary, a ten percent (10%) construction contingency, which construction contingency shall be used to provide funding for unanticipated work that may be necessary for the proper completion of the PROJECT. SARATOGA’s share of the Construction Cost is 100% of the Construction Cost for the SARATOGA owned portion of the road, provided, however, that total payments made by SARATOGA under this A g r e e m e n t shall not exceed the maximum amount of One Hundred and Sixty-Five Thousand Dollars ($165,000) ('"Total Reimbursement Amount").
B. The PARTIES understand that the PROJECT cost is based upon the actual unit costs from bid scheduled and estimated quantities for the PROJECT, as set forth in Exhibit “B.” The maximum payment amount includes a 10% construction contingency which is consistent with CUPERTINO’s practice for public works construction contracts awarded to the lowest responsive and responsible bidder as an allowance for potential contract change orders. Should the total costs based upon the public work’s bid from CUPERTINO’s construction contractor exceed the Total Reimbursement Amount, prior to the award of any contract, this Agreement shall be amended to set forth a revised Total Reimbursement Amount or this contract shall be terminated.
C. To pay its share of the Construction Cost within forty-five (45) business days of receiving and approving the detailed invoice from CUPERTINO, provided that the following conditions are met:
1. The PROJECT has been completed and SARATOGA has approved the portion of the work in its jurisdiction. Acceptance by SARATOGA shall be made in writing to CUPERTINO. SARATOGA may request documentation of such costs and may review the original invoices and weight certificates or request copies of same, which shall be provided within a reasonable time.
2. The detailed invoice sets forth the cos of construction of all PROJECT work based on the actual contract unit prices paid and negotiated change order(s), if any. 85 CC 11-01-2022
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Attachment A
3. CUPERTINO shall invoice SARATOGA only one (1) time which shall occur after PROJECT completion, and this invoice shall be considered as the final detailed invoice for the PROJECT.
D. To assign as the designated project manager for SARATOGA for the duration of the PROJECT Emma Burkhalter (email: [email protected]). SARATOGA’s project manager shall have all the necessary authority to review and approve and accept technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with CUPERTINO.
4. TERM OF AGREEMENT:
A. Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be until PROJECT acceptance by both parties and final payments of all outstanding balances.
B. Consistent with CUPERTINO Standard Specifications, Section 11.2, CUPERTINO shall cause the contractor to provide a warranty period of at least one (1) year from the acceptance date.
5. OWNERSHIP AND MAINTENANCE:
A. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of the PROJECT within the limits of CUPERTINO will automatically be vested in CUPERTINO, and all materials, equipment and appurtenances installed as a part of the PROJECT within the SARATOGA limits will be vested in SARATOGA, and no further agreement will be necessary to transfer ownership.
B. This Agreement does not change any authority or responsibility between SARATOGA and CUPERTINO with regard to maintenance, operation, or further repair responsibility for that portion of the PROJECT within each Cities’ limits.
6. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR:
Any contractor(s) hired by either Party to perform the work included in the PROJECT shall not be an agent or employee of either Party and will perform such work as an independent contractor.
All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in the PROJECT shall not be employees of either Party in any respect.
7. TERMINATION:
Once the Agreement for the PROJECT has been executed, the Agreement can be terminated only upon the mutual written consent and terms acceptable to both parties. 86 CC 11-01-2022
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Attachment A
8. NO PLEDGING OF EITHER CITY’S CREDIT:
Under no circumstances shall either SARATOGA or CUPERTINO have authority or power to pledge the credit of the other public entity or incur obligation in the name of the other public entity.
9. NO THIRD-PARTY BENEFICIARY:
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
10. AMENDMENTS:
No alternation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties and incorporated into this Agreement
11. NOTICES:
Notices are to be sent as follows:
To CUPERTINO: Jo Anne Johnson
Project Manager
Department of Public Works
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
To SARATOGA: Emma Burkhalter
Associate Engineer
City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
12. SEVERABILITY CLAUSE:
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
13. ENCROACHMENT PERMITS:
Both Parties to this Agreement will cooperate and /or provide access to its consultants, engineers, and contractors for the PROJECT in the jurisdictional boundaries of each Party. Contractor shall 87 CC 11-01-2022
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Attachment A
obtain a street opening permit from SARATOGA and SARATOGA shall provide such a permit at no cost.
14. HOLD HARMLESS/INDEMNIFICATION:
It is understood and agreed that pursuant to California Government Code Section 895.4, that each Party shall fully indemnify and hold the other Party harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Party in connection with any work, authority or jurisdiction delegated to the respective Party under this Agreement. This hold harmless and indemnification provision shall apply to any activities, errors, or omissions of the indemnifying Party and/or that Party’s officers, employees, agents, or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by that Party to act for it. For the activities, errors and/or omissions of the contractor retained for the PROJECT, each Party shall defend, indemnify, and hold harmless the other Party to the fullest extent legally possible for all work performed in the indemnifying Party’s jurisdiction. The hold harmless and indemnification obligations set forth in this provision are limited and only applicable to the extent arising from the active negligence or willful misconduct of each Party.
15. CAPTIONS:
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation of this Agreement.
16. INSURANCE REQUIREMENTS:
CUPERTINO shall require any contractor awarded a contract for any portion of the work to be done on the PROJECT to secure and maintain in full force and effect at all times during construction and performance of the PROJECT, and until said PROJECT is accepted by all Parties, and any other time periods specified in the 2022 PAVEMENT MAINTENANCE PHASE 2 PROJECT contract documents, insurance coverage described below, at no additional cost to either CUPERTINO or SARATOGA, with coverage amounts, required endorsements, certificates of insurance, and coverage verifications satisfactory and acceptable to all Parties. SARATOGA, its respective City Council, commissions, officers, employees, volunteers, and agents shall be added as additional insureds on the commercial general liability policy with respect to liability arising out of the contractor's work for CUPERTINO on this Project.
It is mutually understood that during the term of the construction activities on the PROJECT, CUPERTINO will require the selected contractor to carry commercial general liability in amounts of not less than Two Million Dollars ($2,000,000) per occurrence ; automobile liability in an amount not less than One Million Dollars ($1,000,000) per accident; and a Workers' Compensation Insurance policy as required by the State of California, with Statutory and Employer's Liability Insurance limits of not less than One Million Dollars ($1,000,000).
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Attachment A
17. STATUTES AND LAW GOVERNING CONTRACT:
This Agreement shall be governed and construed in accordance with the statues and laws of the State of California. CUPERTINO shall require that any contractor awarded a contract for any portion of the work to be done on the PROJECT comply with the requirements for prevailing wage under Labor Code Section 1770, et seq. The PROJECT shall be paid for and constructed in accordance with all ordinances, resolutions, rules, regulations, and laws of CUPERTINO to the extent they are consistent with state statutes.
18. WAIVER:
The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition, or covenant.
19. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between CITY OF SARATOGA and CITY OF CUPERTINO for the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
20. OTHER AGREEMENTS:
This Agreement shall not prevent either Party from entering into similar agreements with others.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is intent of the Parties that this Agreement shall become operative on the effective date. [Continued next page]
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Attachment A
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SARATOGA, CALIFORNIA
13777 Fruitvale Ave
Saratoga, CA 95070
Phone: (408) 868-1239
APPROVED AS TO FORM:
_____________________________________ _____________________________________ RICHARD TAYLOR Date JAMES LINDSAY Date
City Attorney City Manager
ATTEST:
______________________________________
BRITT AVRIT Date
City Clerk
CITY OF CUPERTINO, CALIFORNIA
10300 Torre Ave
Cupertino, CA 95014
Phone: (408) 777-3354
APPROVED AS TO FORM:
_____________________________________ _____________________________________ Christopher Jensen Date PAMELA WU Date
City Attorney City Manager
ATTEST:
______________________________________
Kirsten Squarcia Date
City Clerk
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Attachment A
EXHIBlT "A"
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
The PROJECT consists of placing rubberized chip seal, micro surfacing, and replacement of affected traffic striping on Prospect Rd between De Anza Blvd and Stelling Rd. 50% of the project area is within CUPERTINO’s jurisdiction and 50% is within SARATOGA's jurisdiction.
CUPERTINO isto deliver the PROJECT and prepare contract documents and striping plans within the PROJECT limits.
The work to be performed isfully described in the 2022 PAVEMENT MAINTENANCE PHASE 2 contract documents.
The above-mentioned contract documents are herein incorporated to this Agreement by reference.
Figure: Project Limit and Location Map
PROSPECT RD (De Anza Blvd to Stelling Rd)
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Attachment A
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CITY OF CUPERTINO
Agenda Item
22-11623 Agenda Date: 11/1/2022
Agenda #: 13.
Subject: Amend two existing contracts awarded to both West Coast Code Consultants, Inc. and Independent Code Consultants, Inc. to provide On-Call Professional Plan Review Services as needed.
1. Amend the existing $80,000 contract awarded to West Coast Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $330,000
2. Amend the existing $175,000 contract awarded to Independent Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $425,000 CITY OF CUPERTINO Page 1 of 1 Printed on 10/27/2022
powered by Legistar™ 93
CC 11-01-2022
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CITY COUNCIL STAFF REPORT
Meeting: Nov 1, 2022
Subject
Amend two existing professional service contracts awarded to West Coast Code Consultants, Inc. and Independent Code Consultants, Inc. to provide On-Call Professional Plan Review Services as needed.
Recommended Action
1. Amend the existing $80,000 contract awarded to West Coast Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $330,000.
2. Amend the existing $175,000 contract awarded to Independent Code Consultants, Inc. and increasing the amount by $250,000 for a total contract amount of $425,000.
Discussion
The Community Development Department’s Building Division currently manages on-call plan review services contracts for the review and approval of building permit applications.
The Building Division has historically maintained contracts with plan review service provider firms to provide support for performing plan reviews. Consultants provide flexibility necessary to respond to cyclical demands, assist when full-time staff shortages occur, and provide specialized knowledge or training in a particular discipline when required. This affords the Division the ability to quickly change the scale and scope of staffing support levels to correspond to workload needs at any time while maintaining high levels of customer service. On-call contracts provide expert service that is efficient, responsive, and cost-effective.
The Building Division provides a high level of customer service and relies on our consultants to provide the needed expertise to meet the needs of our applicants and the community. The value a professional plan review consulting firm brings to the City is the ability to focus on complex projects where City staff reviewer can dedicate their time to the community. There are several large projects in the pipeline including the Marina Plaza development which is a project approved by City Council that includes 23,000 sq ft of 94 CC 11-01-2022
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commercial uses, 122-room Hotel, and 188 residential units; the De Anza Hotel which is a new full-service 155-room Hotel; the Alan Row project which is a 22,671 sq.ft development consisting of eight single-family townhomes and one detached single family dwelling with 4,454 sq ft of garages; 1655 S. De Anza Blvd mixed-use project with 34 residential units and 7,595 sq ft of commercial space; the Hamptons Redevelopment project which allows for 942 apartment units in a high-rise residential building, and several other significant development projects that, due to staff shortages, will significantly impact the Department’s workload without the help of outside sources.
The existing firms and their staff have unique insight into our various policies, procedures, codes, and is proven to be proficient in using Cupertino’s electronic plan review system to perform their scope and, therefore, they are best positioned to continue to provide the needed services to our Department. The contracts are exempt from competitive bidding requirements pursuant to Municipal Code section 3.22.070(D).
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact. Consultant fees are paid through a percentage of the plan check fees collected from the Applicant. This item does not seek funds from the General Fund. _____________________________________
Prepared by: Albert Salvador, Assistant Director, CDD
Reviewed by: Luke Connolly, Acting Director, CDD
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – 1
st Amendment to Plan Review Services Contract – WC3_signed contract B – 1
st Amendment to Plan Review Services Contract – ICCI signed contract 95 CC 11-01-2022
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1 FIRST AMENDMENT TO AGREEMENT 22-148
BETWEEN THE CITY OF CUPERTINO AND WEST
COAST CODE CONSULTANTS INC., FOR ON CALL
PLAN REVIEW
This First Amendment to Agreement 22-148 between the City of Cupertino and West Coast Code Consultants Inc is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and West Coast Code Consultants Inc., a Corporation (“Contractor”) whose address is 417 Grand Avenue, Suite 201, South San Francisco, CA 94080, and is made with reference to the following:
RECITALS:
A. On October 21, 2022, Agreement 22-148 (“Agreement”) was entered into by and between City and Contractor for on call plan review.
B. The Agreement and the First Amendment are collectively referred to as the “Agreement” unless otherwise indicated.
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 4 of this Agreement is modified to read as follows:
COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $330,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.
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2 2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto.
3. 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
WEST COAST CODE CONSULTANTS, INC.
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base - $80,000
1st Amendment $250,000
Total $330,000
Vice President
10/21/22
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MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH WEST COAST CODE CONSULTANTS, INC.
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation City”), and West Coast Code Consultants, Inc. (“ Contractor”) a Corporation for On Call Plan Review, and is effective on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as- needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID- 19.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’ s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2024 Contract Time”), unless terminated earlier as provided herein. The City’ s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request. 100
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4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed 80,000.00 (“ Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’ s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’ s compensation, or other benefits from the City.
5.2 Contractor’ s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’ s employees are authorized to work under this Agreement.
Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, 101
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unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’ s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.
Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third- party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “ works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’ s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub- Contractors, prepared or created under this Agreement, to execute or implement any of the following:
a) The original Services for which Contractor was hired; b) Completion of the original Services by others;
c) Subsequent additions to the original Services; and/or d) Other City projects.
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7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’ s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent ( 50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’ s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“ Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses ( including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
a) Breach of contract, obligations, representations, or warranties; b) Negligent or willful acts or omissions committed during performance of theServices; c) Personal injury, property damage, or economic loss resulting from the work or performance of 103
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Contractor or its subcontractors or sub-subcontractors; d) Unauthorized use or disclosure of City’s confidential and proprietary information; e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third- party claim. At City’ s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’ s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4. Contractor’ s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’ s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’ s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “ public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 104
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13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077. 5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’ s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Phuong Devries as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Donald Zhao as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’ s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’ s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’ s pre- approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’ s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross- complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 106
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23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/ PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/ Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Phuong Devries
Email: [email protected]
To Contractor: West Coast Code Consultants, Inc.
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
Attention: Donald Zhao
Email: [email protected]
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW]
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On Call Plan Review
Master Professional/ Specialized Services Agreement/ Rev. October 2021
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
WEST COAST CODE CONSULTANTS, INC.
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Donald Zhao
Vice President
Oct 20, 2022
Christopher D. Jensen
Albert Salvador, P.E.
Assistant Director, CDD
Oct 21, 2022
Oct 21, 2022
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Prepared for: City of Cupertino, CA
Community Development Department, Building Division
Submitted by: Thursday, October 20, 2022
Submitted via Email to: abigaila@cupertino. org
STATEMENT OF QUALIFICATIONS
Professional Plan Review
Services for the Bay Area
Self Storage Project
West Coast Code Consultants, Inc.
South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
West Coast Code Consultants, Inc.
PROPOSAL CONTACT:
Donald Zhao | Senior Client Manager
P: (650) 754-6353 | C: ( 925) 997-4322
E: Donald@WC- 3.com
www.WC-3.com
Teaming with Your Community to Make a Difference
City of Cupertino
Attn: Albert Salvador
Assistant Director CDD / Building Official
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
building@cupertino. org
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Teaming with Your Community to Make a Difference | www.WC-3.com ii Table of Contents
Table of Contents ii
Cover Letter 1
About the Consultant 3
Scope of Service for Project 6
Project Team Organization 10
Key/ Lead Personnel Qualification Information 13
References 18
Rate and Service Structure 23
Appendix - Resumes 26
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October 20, 2022
City of Cupertino
Attn: Albert Salvador
Assistant Director CDD / Building Official
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
RE: Request for Qualifications - Professional Plan Review Services for the Bay Area Self Storage Project Dear Mr. Salvador:
West Coast Code Consultants, Inc. (WC3) is very pleased to present our Statement of Qualifications ( SOQ) for Professional Plan Review Services for the Bay Area Self Storage Project in the City of Cupertino, CA ( City). WC3 understands the scope of services to be provided as per conversations with Phuong Devries, PE, including a “ not to exceed” services amount of $80,000. WC3 is very interested in assisting the City with our portfolio of plan review services.
For over 16 years, WC3 has cultivated a strong reputation for providing reliable support and excellent service to community development departments and governmental agencies across the West Coast. Our team is comprised of licensed professional engineers and land surveyors, fire protection engineers, ICC certified building code officials, fire code officials, fire marshals, access specialists, plans examiners, building and public works inspectors, permit technicians and other professionals. Our long-standing experience of working on various architectural, structural, mechanical, electrical, plumbing, fire, energy, civil and public works projects has provided WC3 with unparalleled knowledge of the provisions outlined in local codes and ordinances, State Codes, Federal Codes and Standards. Our combined experience, knowledge and customer service is key to our performance and we are confident WC3 is fully capable of meeting the needs of the City of Cupertino.
Work associated with this project will be managed by WC3’s South San Francisco and San Ramon Corporate Offices, with additional regional offices assisting as necessary. WC3 has read the City’s previous noted Standard Consultant Agreement and accepts the language as written; acknowledging that our firm meets all requirements for award of an Agreement. This includes, specifically, the City’ s Hold Harmless Indemnity Requirements and Insurance Coverage Requirements without modifications. WC3 also understands and further agrees that the rates and multipliers listed on the Fee Schedule within our SOQ may be incorporated into a potential Agreement with the City.
We thank you for your consideration of WC3 and look forward to the opportunity of serving the City in this capacity.
We greatly value our partnership with the City of Cupertino and are confident in our ability to serve your community by delivering professional, thorough services with our widely diverse and experienced team.
If you have any questions or require further information, please feel free to contact myself, or the Project Manager our firm has assigned to this project:
Donald Zhao, PE, MCP, CBO | Vice President / Regional Manager / Senior Client Manager West Coast Code Consultants, Inc. | 417 Grand Avenue, Suite 201 | South San Francisco, CA 94080 P: ( 650) 754-6353 | C: ( 925) 997-4322 | E: Donald@WC- 3.com Sincerely,
Giyan Senaratne, PE, SE, LEED AP, CASp
Principal / CEO | giyan@WC- 3.com | ( 925) 275-1700
Corporate Office | 5000 Executive Parkway, Suite 510 | San Ramon, CA 94583 | P: ( 925) 275- 1700 | www. WC- 3.com Cover Letter
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Teaming with Your Community to Make a Difference | www.WC-3.com 3 About the Consultant
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Teaming with Your Community to Make a Difference | www.WC-3.com 4 Certification
HighlightsFirm Overview
West Coast Code Consultants, Inc. ( WC3) is a code
consulting firm, specializing in comprehensive plan
review, inspection and staff augmentation services
for municipalities, jurisdictions and government
entities. Founded by Giyan Senaratne in 2006, WC3 has
experienced steady growth over the past 16 years and
evolved from a small central team in California to an
industry leader throughout the western United States.
WC3 serves clients with 11 office locations in six states and over 135 employees. If awarded, our South San
Francisco, and San Ramon Corporate Office locations
will primarily service this City of Cupertino contract.
Principal / CEO
Giyan Senaratne
P: (925) 275-1700 | C: ( 925) 548-2648
Giyan@WC- 3.com
Senior Client Manager
Donald Zhao, PE, MCP, CBO
P: (650) 754-6353 | C: ( 925) 997-4322
Donald@WC- 3.com
COMMUNICATION
Good
communication
is a top priority
in providing good
service. WC3 staff
members assigned
to City of Cupertino
project will be
responsive and easy
to contact by email
or phone.
Our qualified team
performs a variety
of timely plan reviews,
including:
Residential Developments
Commercial Occupancies
Tenant Improvements
Institutional Facilities
Essential Service Buildings
Medical Labs & Facilities
Public Works & More
WC3 has been
providing plan review
services, inspection
services and more
for over a decade.
Each team member
working on the
Cupertino project
will have obtained all
requisite certifications
and licensing.
Founded Staff Current Clients
2006 135+ 300+
Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: ( 925) 275-1700 | F: ( 925) 275-0600
Regional | Satellite Offices
South San Francisco, CA; Oakland, CA; Irvine, CA;
Layton, UT; Sandy, UT; Henderson, NV; Sparks, NV;
Lynnwood, WA; Meridian, ID; Frederick, MD
Recognition & Accomplishments
ICC Preferred Education Provider (# 1129)
2019 & 2015 ICC Chapter Education Awards
2019 ICC Chapter Permit Tech of the Year
2021 Plumbing Essentials Handbook Author
2021 & 2018 IBC Handbook Co-Author
2018 IEBC Handbook Author
2018 IRC Plan Review Course Developer
2018 IBC Structural/ Non-Structural Plan
Review Course Developer
2014 & 2010 ICC Industry Awards for Excellence
ON-TIME PLAN REVIEW QUALIFIED
About the Consultant
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Teaming with Your Community to Make a Difference | www.WC-3.com 5 Statement of Experience and History
WC3 has been serving local jurisdictions with complete plan review, inspection, staff augmentation and other comprehensive services for more than 16 years. The company was founded on a commitment to supporting municipalities and public agencies with exceptional service, code expertise and creative problem solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs. Whether it’s a 40-story high rise, complex mixed-use commercial and residential occupancy, or a an entire subdivision under development review, we’ ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team of highly qualified professionals are licensed, certified and understand all aspects of code. We strive to meet aggressive turnaround times to keep projects on schedule and always address questions and concerns in a polite and friendly manner.
When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of projects, WC3 is available to handle all technical aspects or project overflow for your community. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with cityofficials, employees or applicants. In many instances, our employees have stepped in to serve jurisdictions in a variety of roles, including administrative or front counter support, permit technicians, or Interim Building Official and Fire Marshal services.
We strive for complete satisfaction and our remarkable employees are always ready to assist.
WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. Through our WC3 Academy, we are often invited to host live instructor training, as well as online, on- demand training courses in building safety and fire prevention forfield and technical staff, nationally. We remain a leader in meeting everchanging industry standards and our employees are continually challenged to enhance their educations and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the very highest quality of service possible.
Our Team
The WC3 team is comprised of highly qualified...
Licensed Structural Engineers
Licensed Civil Engineers
Licensed Electrical Engineers
Licensed Mechanical Engineers
Licensed Fire Protection Engineers
Licensed Land Surveyors
Other Professionals
Certified Building Officials
Certified Fire Marshals
Certified Access Specialists ( CASp)
Certified Plans Examiners
Certified Building & Fire Inspectors
Certified Public Works Inspectors
Certified Permit Technicians
About the Consultant ( Continued)
Building / Fire Plan Reviews
Civil/ Public Works Plan Review
Code Interpretation
Code Enforcement
Building/ Fire/ Public Works Inspection
Building Official/Fire Marshal Services
Administrative & Staff Augmentation
Electronic Plan Review Capabilities
Code Training/ Education
Online Permitting/ Municipal
Software Solutions
And More!
STRUCTURAL | BUILDING | MECHANICAL | ELECTRICAL | PLUMBING | FIRE | MORE 115
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Teaming with Your Community to Make a Difference | www.WC-3.com 7 Statement of Understanding to Scope of Services
For more than 16 years, WC3 has been a leading provider of municipal building and fire/life safety plan reviews.
We are proud to have an extensive list of longstanding public sector clients in multiple states, who have chosen West Coast Code Consultants, Inc. as their primary code consultant. WC3 checks building plans for compliance with the model construction codes and standards adopted by a state or a specific jurisdiction. Additionally, wecan check plans for compliance with locally adopted amendments to the model codes. WC3’s available services include architectural, structural, electrical, mechanical, fuel gas, plumbing, grading, drainage, accessibility, energy, green building, landscape, fire/life safety and fire protection systems. WC3 strives to adapt to the styles and requirements of every jurisdiction we serve and realizes that each one is significantly unique. Our staff is trained to provide individualized support for each of our clients.
We are confident in our ability to perform the duties outlined by the City of Cupertino for the Bay Area Self Storage Project. This includes, but is not limited to the following:
Review fire and life safety, architectural, structural, accessibility, electrical, mechanical, plumbing, energy and green building construction drawings, submittals, plans, and reports for compliance with the California Building Standards Codes, the City’s Municipal Code and other applicable Federal, State, and local laws, policies, ordinances, and regulations.
Perform site visits as required to verify existing conditions and better coordinate plan review services.
Format plan review comment lists to compliment the style and requirements of the City of Cupertino.
Prepare a plan review profile specific to the City of Cupertino to identify specific requirements anditems of interest to the City.
Open lines of communication with the Community Development Department and Building Official, as well as other department staff to ensure accuracy in enforcing City of Cupertino policies.
Provide the City of Cupertino and Bay Area Self Storage Project applicants with online access to WC3’ s project and electronic document management platform. This portal provides the means to submit and track files electronically, including project status and the processing of change orders, RFI’s and deferred submittals.
Conduct services and plan reviews as per the established time frames of the City.
Supply hard copy or electronic plan review comments, approval letters and project invoices as required by the City of Cupertino. Any other applicable correspondence will be sent via electronic mail.
Coordinate, develop and maintain good working relationships with all project applicants, reviewing departments, and others.
Attend design meetings and communicate with applicants, architects, engineers, etc. as necessary to assist with plan review responses.
Other related tasks as assigned.
Scope of Service for Project
Exhibit A
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Teaming with Your Community to Make a Difference | www.WC-3.com 8 WC3 provides our clients the technical expertise they seek through a complete array of plan review services. The following is a list of professional aspects and services specific to this SOQ that we feel set WC3 apart in the industry.
When combined with the administration of services previously described for the scope of services, the highlights below will assist our firm in the overall management of project costs, schedule, quality assurance and other issues relative to this project.
Licensed, Certified Team - WC3 has ten (10) licensed structural engineers and twenty two (22) professional engineers on staff to meet the criteria noted in the Scope of Services. Many have performed engineering design work in the past, and all have performed hundreds of commercial, residential, institutional/ educational, MEP, structural and civil plan reviews throughout their career. Our team also includes six ( 6) Master Code Professionals, and many plans examiners certified by the International Code Council ( ICC).
Plan Review Quality Control / Quality Assurance - WC3 provides a thorough assurance/ quality control program through assignment of a senior-level manager who will follow the plan review project from submission to approval and completion. Weekly meetings are held for collaboration and clarification on any details, issues or questions and documents are thoroughly reviewed by the project manager prior to being released to the jurisdiction. Our entire team as a whole strives to always reference direct codes and to not make “ best practice” comments as can be common in the industry. Our plans examiners are well versed in California Building Code, California Title 24 Energy and Accessibility requirements. Additionally, because sustainable design is one of the current goals in the construction industry, our review team has experience with the Existing Building Code, Green Building Standards Code, LEED, and other relevant building standards. Our team manages projects effectively and efficiently, completing all deliverables with clear commentsand communication on time and within budget.
Electronic Plan Review Methodology - To save time, money and resources, WC3 offers electronic/ digital plan review capabilities to help simplify and automate the entire operation. In the past, WC 3 has worked with the City of Cupertino on previous projects utilizing this technology. WC3 highly recommends the continuance regarding electronic submittals, processing and issuance of projects. Electronic/ digital plan review provides WC3 the ability to review, mark-up and transport plans of any size, electronically and delivers a high degree of cost effectiveness, time efficiency and environmentally friendly system. It also enablesWC3 to offer the City of Cupertino full access to our entire team, company-wide, from any of our office locations, deliveringan exceptional bank of expertise in all disciplines.
Special Projects, Meeting Availability & Technical Advice - When jurisdictions are understaffed, require specific expertise or feel overwhelmed with complex projects, WC3 is available to handle all technical aspects or project overflow. We serve in matters to help fulfill obligations and with reasonable notice aremore than happy to join in on phone calls or attend special, local or regional meetings to help facilitate approval processes on behalf of the City. Team members are available to discuss projects with designers, construction teams, County employees and/ or applicants. We strive for complete client satisfaction and whether it’ s through telephone, email, web conference, or in person, WC3 team members are always ready to assist.
Comprehensive Jurisdictional Training - WC3 goes to great lengths to get to know each individual client. Not only is our staff highly trained in Building, Safety and Planning Code, but we take the time to understand Scope of Service for Project ( Continued)
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Teaming with Your Community to Make a Difference | www.WC-3.com 9 the adopted codes and specialized policies, procedures, laws and ordinances of each individual jurisdiction.
We comprehensively train our team prior to work commencement to help ensure our staff is current with our jurisdictional clients’ policies and fully prepared to properly comply with their rules and regulations.
Schedule Adherence - WC3’ s comprehensive plan reviews will be performed in a prompt and expeditious manner to meet the City of Cupertino Bay Area Self Storage Project’ s needs. We have reviewed the suggested guidelines as written in previously sent Request for Qualifications for expected turn- around times forplan review, and will be able to meet the City’s requests without complications. In many instances WC3 will even beat the suggested time standards.
Our team manages projects effectively and efficiently, completing all deliverables with clear comments and communication on time and within budget. For extraordinarily complex projects, WC3 will immediately contact the City and agree on an appropriate response time prior to starting the review. WC3 will meet the City’s established time frame standards as follows:
Expedited Services - Expedited or accelerated plan review can be accommodated upon request at anytime.
Expedited plan reviews are a means to accelerate initial plan reviews by experienced plans examiners, and when it comes to expedition, WC3’ s typical plan review process is extremely easy to adapt. Clients simply submit projects according to standard protocols with a note highlighting that a project is to be expedited.
The quality of WC3’ s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround timeof five ( 5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’ s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.
Continued)
PLAN REVIEW SCHEDULE ADHERENCE
All turnaround times have been specified from the day they are received in our offices.
INITIAL
Business Days)
EXPEDITED
Business Days)
First Submittals 15 10
Second Submittals 10 5
Subsequent Submittals 10 5
Scope of Service for Project
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Teaming with Your Community to Make a Difference | www.WC-3.com 11 Project Team Organization
Plan Review Services
For the City of Cupertino Bay Area Self Storage Project, WC3 has assembled a professional team of licensed professional engineers, structural engineers and land surveyors. Our team holds many International Code Council ICC) certifications, including Master Code Professional, Electrical Code Specialists, Mechanical Code Specialists, Plumbing Code Specialists, Building Code Officials and building plans examiners. As requested in the RFQ, we have designated Key Personnel or Lead Plan Review Designees to help facilitate and manage projects. This is in addition to a designated Project Manager who will assist in overseeing the entire project as a whole. As previously mentioned on page 8 of this proposal, WC3 has ten (10) licensed structural engineers, twenty two (22) professional engineers including fire protection engineers), and six ( 6) Master Code Professionals on staff throughout the company. All members of our plan review team are available to assist with project overflow should the workload necessitate.
A Cohesive Team
Many members of our plan review team have worked for WC3 for years. Therefore, they each have many years of experience working cohesively across disciplines on hundreds of jurisdictional projects. A portrayal and organization chart of WC3’s proposed Project Team can be viewed on the next page. No sub-consultants will be used in conjunction with the City of Cupertino Bay Area Self Storage Project. 121
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PLAN REVIEW
LEAD FIRE AND LIFE SAFETY (BUILDING)
PLAN REVIEW DESIGNEE
Todd Snider, PE, SE, CBO
FIRE AND LIFE SAFETY
BUILDING)
LEAD STRUCTURAL
PLAN REVIEW DESIGNEE
Chris Kimball, PE, SE, MCP, CBO
STRUCTURAL
LEAD ACCESSIBILITY
PLAN REVIEW DESIGNEE
Saeed Amirazizi, PE, SE, CBO, CASp
ACCESSIBILITY
LEAD PLUMBING/ MECHANICAL
PLAN REVIEW DESIGNEE
Donald Zhao, PE, MCP, CBO
PLUMBING/ MECHANICAL
Plumbing/ Mechanical Plan Review
George Williams, MCP, CBO
Sekhar Tatapudy
Andrew Wallace
LEAD ELECTRICAL
PLAN REVIEW DESIGNEE
Toby Johnson, PE
ELECTRICAL
LEAD ENERGY
PLAN REVIEW DESIGNEE
Chris Kimball, PE, SE, MCP, CBO
ENERGY
OVERALL PROJECT MANAGER
Donald Zhao, PE, MCP, CBO
WEST COAST CODE CONSULTANTS, INC.
PRINCIPAL / CEO
Giyan Senaratne, PE, SE, LEED AP
Project Team Organization Chart:
Fire and Life Safety ( Building) Plan Review
Eric Schneiderjohn, PE
Yuri Shin, PE
Zahra Fattah
Andrew Wallace
Areli Sanchez
Structural Plan Review
Greg Mason, PE
Mike Molyneux, PE
Daniel Mooney, PE
Keith Ma, PE
Yuri Shin, PE
Scott Porter, PE
Accessibility Plan Review
Todd Snider, PE, SE, CBO
Alexa Nielsen
Electrical Plan Review
Doug Smith, MCP, CBO
George Williams, MCP, CBO
Energy Plan Review
Doug Smith, MCP, CBO
Sekhar Tatapudy
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Teaming with Your Community to Make a Difference | www.WC-3.com 14 WC3 has established an experienced team of individuals that would seamlessly augment the City of Cupertino Bay Area Self Storage Project. Our South San Francisco and San Ramon Corporate office locations will serve as the primary management centers for this project with Mr. Donald Zhao, PE, MCP, CBO overseeing all disciplines. The following includes a brief summary of our proposed key contacts. Full resumes of the key/ lead project team can be found in the Appendix, while copies of requisite licensing or certifications may be provided upon request.
Mr. Giyan Senaratne, S.E., P.E., is the founder of WC3 and has more than 33 years of experience providing professional building and life safety services to numerous municipalities and government agencies. He is a registered structural engineer, a registered civil engineer, an ICC certified plans examiner, a LEED AP professional, and a former Certified Access Specialist CASp). He has exceptional experience in managing projects and performing plan reviews or inspections for a wide variety of types of construction and occupancy groups. This includes simple residential homes, multi- family podium projects, high-rise structures, complex industrial plants, and large-scale power plants. He is actively involved with code development at the State level and is a sought-after educator for code trainings for building officials, design professionals, and contractor organizations.
Giyan Senaratne, PE, SE, LEED AP - Principal / CEO
Industry Experience: 35
Years with Firm: 16
ME Degree: Civil Engineering
San Jose State University
BS Degree: Civil Engineering
San Jose State University
Registered SE: California S4457;
Washington 49198; Arizona 41242
Registered PE: California C46194;
Washington 49198
ICC Certifications ( 5311292):
Building Inspector
LEED AP Credential
Key/ Lead PersonnelQualification Information ( Continued) With over 20 years of experience in the construction industry and 14 of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets and uses every opportunity to expand his base of knowledge and share it with his team. A collaborative approach, with a strict standard of quality, has enabled Donald to lead WC3’s South San Francisco office with consistent growth. Donald’s technique and ambition serve as the foundation and goal for all his employees and sets him at the cutting edge of an industry constantly in search of innovation. As a Master Code Professional and Certified Building Official, Mr. Zhaohas previous municipal experience serving a variety of jurisdictions with civil/ public works plan review, building plan review and inspections in both disciplines. Ever in pursuit of improvement, Donald capitalized on his past City department experience and obtained his Professional Engineering license during these years. As a Vice President and Regional Manager of WC3, Donald continues to provide outstanding service to municipal clients and assists them in building strong foundations with interim building official duties, performing plan review services and various inspection duties.
Donald Zhao, PE, MCP, CBO - Overall Senior Client Manager Years Experience: 16
Years with Firm: 9
BS Degree: Civil Engineering
San Jose State University
Registered PE: California 79273;
CAL EMA Safety Assessment
Program Evaluator: 81869
ICC Certifications ( 5300664):
Master Code Professional
Building Official / Code Official
Accessibility Plans Examiner/ Insp.
Building Inspector
Building Plans Examiner
CA Commercial Mech. Inspector
CA Commercial Plumb. Inspector
CA Residential Building Inspector
Combination Inspector
Com. Building Inspector
Com. Combination Inspector
Commercial Electrical Inspector
16 Additional ICC Certifications
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Teaming with Your Community to Make a Difference | www.WC-3.com 15 Mr. Snider leads his team with a strong focus on quality and service for clients. He is a licensed structural engineer and an ICC certified building official, in addition to being a certified building, mechanical, energy, and accessibility plans examiner. Todd received his Master’ s degree from the University of Utah and has performed plan reviews for several mixed-use development and multi-family projects, as well as serving as a primary plan review engineer for the City of Cupertino’ s Apple Campus II project. Mr.
Snider is an approved ICC instructor and is often invited to teach code classes to building official, design professional and contractor organizations all over the United States. With years of experience performing plan reviews of all building types, he brings a unique perspective and will serve WC3 as the Bay Area Self Storage Project’ s Lead Fire and Life Safety (Building) Plan Review Designee.
Todd Snider, PE, SE, CBO - Lead Fire and Life Safety (Building) Plan Review Designee Industry Experience: 16
Years with Firm: 11
ME Degree: Civil Engineering
University of Utah
BS Degree: Civil Engineering
Utah State University
Registered SE: California S6311;
Washington 53396; Arizona 65835;
Nevada 24835; Utah 7697949
Registered PE: California C80941;
Washington 53396; Texas 107991
Utah 7697949
ICC Certifications ( 8158994):
Certified Building Official
Building Plans Examiner
Building Inspector
11 Additional Certifications
Key/ Lead PersonnelQualification Information ( Continued) Mr. Kimball currently serves as a Vice President of WC3 and is a licensed structural engineer, civil engineer and ICC Master Code Professional. He is also certified by ICC as a building official, fire code official, 3- way MEP Code Official, combination plans examiner/ inspector, energy plans examiner/ inspector, and as an accessibility plans examiner/ inspector. He has performed building code administration and plan review services for thousands of projects throughout the Western United States.
Chris has overseen many structural projects that involve Base Isolation Systems and has chaired many peer review panels where members of his team were responsible for analyzing 3-D models and providing feedback. Over his eighteen year-long career, he has built strong relationships with many third- party resources that provide structural analysis using 3-dimensional computer models and dynamic analysis methods. Chris is highly respected within the industry for his structural engineering and building code administration, and was invited by the International Code Council ( ICC) to author the 2018 International Existing Building Code Handbook. He has also coauthored the 2018 and 2021 International Building Code Handbooks and is approved as an ICC training course instructor. On behalf of WC3, Mr. Kimball will serve as the Lead Structural Plan Review Designee.
Chris Kimball, PE, SE, MCP, CBO - Lead Structural Plan Review Designee Industry Experience: 20
Years with Firm: 12
ME Degree: Civil Engineering
BS Degree: Civil Engineering
Registered SE: Utah 4775874
Registered PE: California C67857;
Nevada 019503; Arizona 48503;
Washington 53117
ICC Certifications ( 5309944):
Master Code Professional
Certified Building Official
Certified Fire Code Official
Combination Plans Examiner
Combination Inspector
34 Additional Certifications
CAL-EMA Emergency Responder
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Teaming with Your Community to Make a Difference | www.WC-3.com 16 Mr. Amirazizi is a licensed structural engineer with over 35 years of experience enforcing building code requirements for structural design, seismic analysis, retrofit and plan checking of hospitals, public schools, commercial, industrial residential and public facilities involving all aspects of adopted code.
He is a Certified Access Specialist and obtains invaluable experience as a Certified Building Official. Saeed has worked alongside Community Development Directors in various
Southern California jurisdictions and has experience that includes organizing, scheduling, and supervising various building department activities as related to plan check, inspection and permit issuance. His extensive background provides him the ability to effectively coordinate and cross train across a variety of teams, disciplines, divisions and agencies to help resolve building code related issues and keep projects on task or on schedule. Mr. Amirazizi’ s experience and background qualify him to serve as WC3’s Lead Accessibility Plan Review Designee for the City of Cupertino Bay Area Self Storage Project.
Saeed Amirazizi, PE, SE, CBO, CASp - Lead Accessibility Plan Review Designee Industry Experience: 35
MS Degree: Structural Engineering
Stanford University, 1984
BS Degree: Civil Engineering
Northeastern University, 1980
Registered PE: California 43751
Registered SE: California S3499
ICC Certifications ( 0019700):
Certified Building Official
Building Code Specialist
Building Plans Examiner
Building Inspector
Residential Building Inspector
Commercial Building Inspector
Accessibility Inspector/ Plans
Examiner
Certified Access Specialist:
CASp - 670
CA Certified Safety Assessment
Evaluator - ID #69815
Key/ Lead PersonnelQualification Information ( Continued) Donald Zhao is a licensed professional engineer with over 14 years of experience working as an ICC certified Master Code Professional. Through this designation, Mr. Zhao
has obtained certification as a Building Code Specialist, Plumbing Code Specialist and Mechanical Code Specialist, in addition to being certified as an ICC California state- specific Commercial Mechanical and Plumbing Inspector. He has years of experience reviewing and performing plan review analysis on the plumbing and mechanical systems of numerous new
construction multi- family projects throughout California and the San Francisco Bay Area. His solid background in mechanical engineering fundamentals and advanced concepts have qualified him to understand the intricacies of various design systems, including heating and cooling, ventilation and energy recovery, air volume, natural gas piping, commercial water supply, waste and ventilation, hot water generation, hot water reclamation, building energy management, and more. Donald’ s strong attributes in leadership and communication with an emphasis on high attention to detail and accuracy will serve him well as he takes the lead as the Lead Plumbing/ Mechanical Plan Review Designee.
Donald Zhao, PE, MCP, CBO - Lead Plumbing/ Mechanical Plan Review Designee Years Experience: 16
Years with Firm: 9
BS Degree: Civil Engineering
San Jose State University
Registered PE: California 79273;
CAL EMA Safety Assessment
Program Evaluator: 81869
ICC Certifications ( 5300664):
Master Code Professional
Building Official / Code Official
Accessibility Plans Examiner/ Insp.
Building Inspector
Building Plans Examiner
CA Commercial Mech. Inspector
CA Commercial Plumb. Inspector
CA Residential Building Inspector
Combination Inspector
Com. Building Inspector
Com. Combination Inspector
Commercial Electrical Inspector
16 Additional ICC Certifications
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Teaming with Your Community to Make a Difference | www.WC-3.com 17 Mr. Kimball currently serves as a Vice President of WC3 and is a licensed structural engineer, civil engineer and ICC Master Code Professional. He is also certified by ICC as a building official, fire code official, 3- way MEP Code Official, combination plans examiner/ inspector, energy plans examiner/ inspector, and as an accessibility plans examiner/ inspector. He has performed building code administration and plan review
services for thousands of projects throughout the Western United States. Chris has overseen the On-Call DCBO work for the past three years on behalf of the California Energy Commission and been involved with various energy projects, including Pio Pico, Carlsbad Energy Center, Orange Grove, Blythe Solar Power Project, Milford Wind Corridor Project and Thermo No. 1 Plant.
Chris is an ICC approved instructor and has authored the 2018 International Existing Building Code Handbook and co-authored the 2018 and 2021 International Building Code Handbooks. Mr. Kimball will serve as the Lead Energy Plan Review Designee.
Chris Kimball, PE, SE, MCP, CBO - Lead Energy Plan Review Designee Industry Experience: 20
Years with Firm: 12
ME Degree: Civil Engineering
BS Degree: Civil Engineering
Registered SE: Utah 4775874
Registered PE: California C67857;
Nevada 019503; Arizona 48503;
Washington 53117
ICC Certifications ( 5309944):
Master Code Professional
Certified Building Official
Certified Fire Code Official
Combination Plans Examiner
Combination Inspector
34 Additional Certifications
CAL-EMA Emergency Responder
Key/ Lead PersonnelQualification Information ( Continued) Mr. Johnson is a licensed electrical engineer as well as a licensed journeyman electrician. He has more than 15 years of experience on large commercial and residential electrical projects. Toby has shown a proficiency for reviewing electrical systems for complex industrial and power generation facilities from low to high voltages. His field experience as an electrician, in addition to his electrical engineering design background, provides him with an exemplary level of understanding that is to be desired by others in the industry. Mr. Johnson has performed electrical reviews of several California Energy Commission projects and his qualifications will allow him to serve as the Lead Electrical Plan Review Designee for the City of Cupertino Bay Area Self Storage Development.
Toby Johnson, PE - Lead Electrical Plan Review Designee Years Experience: 17
Years with Firm: 6
BS Degree: Electrical Engineering
Registered PE: California 22058
Registered PE: Utah 279628- 2202
Registered Journeyman
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Teaming with Your Community to Make a Difference | www.WC-3.com 19 City of South San Francisco
Phillip Perry
Chief Building Official
315 Maple Avenue
South San Francisco, CA 94080
phillip. perry@ssf. net
650) 928-6675
Services: 2015 to Present
Building/ Fire/ Civil Plan Review,
Inspections, Staff Augmentation
WC3 is dedicated to providing our clients with excellent customer service and has been providing comprehensive plan review and additional services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to the City of Cupertino who we have served over the years, all of whom may be contacted as a reference. Associated projects related to the following jurisdictions may be viewed on the subsequent pages.
References
City of Dublin
Gregory Shreeve, CBO, CASp
Chief Building Official
100 Civic Plaza
Dublin, CA 94568
gregory. shreeve@dublin. ca.gov
925) 835-6628
Services: 2011 to Present
Building Plan Review, Inspections,
eProcess360 Software Platform
City of Hayward
Omar Noorzad
Acting Building Official
777 B St.
Hayward, CA 94541
omar.noorzad@hayard- ca.gov
510) 583- 4313
Services: 2010 to Present
Building/ Fire Plan Review,
Inspection Services
City of Emeryville
Charles Bryant
Planning & Building Director
1333 Park Ave
Emeryville, CA 94608
cbryant@emeryville. org
510) 596- 4361
Services: 2006 to Present
Building/ Fire/ Civil Plan Review,
Inspections, Staff Augmentation
City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Road
Redwood City, CA 94063
cmctaggart@redwoodcity. org
650) 780-7350
Services: 2011 to Present
Building/ Fire Plan Review,
Fire Marshal, Fire Inspections
City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St
San Carlos, CA 94070
cvalley@cityofsancarlos. org
650) 802-4262
Services: 2016 to Present
Building/ Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
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Our professional team has experience reviewing various construction types and occupancies, including schools, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable projects displaying WC3’s diverse expertise. Throughout each project our team applied a comprehensive understanding of multiple building codes and worked cohesively with design teams to help resolve code issues. As the percentage of work fluctuates and varies with each individual project, WC3 staffing was assigned per the clients’ needs and based upon the project’s scope of work. All project schedules were adhered to and all project work was completed on time.
COMMUNITY CIVIC CAMPUS
Occupancy: A-2, A-3, B, S-2 Year : 2019 - Ongoing
Location: South San Francisco, CA Valuation: $210M
A forward thinking civic presence for the City of South San Fransisco that will include multi-functional, multi- user and interactive facilities.
Built in three phases the project will include a police facility, library, parks and recreation center, community theater, city council chamber, parking garage and fire station.
Phillip Perry | ( 650) 829-6670, x6675 | phillip.perry@ssf. net
APPLE PARK
Occupancy: Varies Year : 2013-2019
Location: Cupertino, CA Valuation: $ 4.17B
WC3 provided the architectural and structural plan review for this project, which spans four stories above grade and two stories below grade, totaling 4.3 million SF. WC3 assisted with all aspects of plan review including, electrical reviews of the solar rooftop panels, original structural and building plan reviews and review of changes during construction, as well as documents control and transportation.
Albert Salvador | ( 408) 777-3206 | alberts@cupertino. org
KILROY OYSTER POINT LIFE SCIENCE CAMPUS
Occupancy: Varies Year: 2018 - Ongoing
Location: South San Francisco, CA Valuation: Varies
Oyster Point transformed the South San Francisco waterfront into a transit-oriented life science campus. This ongoing project entails approximately 40 acres and 2.5 million SF of a landfill site, directly on the coastline, within a tsunami inundation zone. WC3 has assisted in performing various projects in the civil, fire and life safety and structural plan review disciplines for this enormous development.
Ongoing projects associated with tenant improvements, research labs, office space and new construction continue to thisday.
Phillip Perry | ( 650) 829-6670, x6675 | phillip.perry@ssf. net 130
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SOUTHLINE LIFE SCIENCE CAMPUS
Occupancy: Varies Year : 2019 - Ongoing
Location: South San Francisco, CA Valuation: Unknown
The Southline project is a mixed- use, transit-oriented development in South San Francisco. Steps away from BART and Caltrain, this innovative 7- building campus on 27 acres of former vacant lots and warehouses will revitalize the area by adding up to 3M SF of Class A office and life science space. WC3 performed the preliminary review, civil (C3) reviews, as well as comprehensive building plan reviews.
Phillip Perry | ( 650) 829-6670, x6675 | phillip. perry@ssf. net
GATEWAY AT MILLBRAE STATION DEVELOPMENT
Occupancy: R-2, S-2, A-3, M Year : 2020-Ongoing
Location: Millbrae, CA Valuation: Unknown
Gateway at Millbrae Station is a neighborhood- defining community delivering quality spaces for people to live, work, shop, and dine. The transit oriented project located east of the Millbrae Intermodal Station entails a 6-story mixed-use building consisting of retail, lab and office spaces. The site also includes a 2-story parking garage, 400 residential homes and a hotel. WC3 provided various plan review services of the original and revised construction documents and is also providing building inspection services.
Val Mandapat | ( 650) 259-2403 | vmandapat@ci. millbrae. ca.us
ELCO YARDS - SOUTH MAIN MIXED- USE DEVELOPMENT
Occupancy: Varies Year : 2019-Ongoing
Location: Redwood, CA Valuation: Unknown
Spanning six ( 6) blocks on 8.3 acres of land, the Elco Yards South Main mixed-used development project will feature four life science buildings ( 530,000 SF of office, 28, 841 SF of retail and a 8, 367 SF child care facility); two residential communities ( including 540 multi- family residential units with 147 affordable units), as well as green space open to the public. WC3 performed preliminary reviews, comprehensive building reviews as well as fire and life safety reviews for the City.
Christina McTaggart | ( 650) 780- 7350 | cmctaggart@redwoodcity. org YOUTUBE GLOBAL HEADQUARTERS | PHASE 1 & PHASE 2
Occupancy: Varies Year : 2017-Ongoing
Location: San Bruno, CA Valuation: N/ A
WC3 has performed various projects across a variety of building types and structures for the online video company, YouTube. Project scope for a planned decade-long expansion and redevelopment of the global headquarters with four new buildings will ultimately include two phases. WC3 has performed plan reviews associated with building and fire life safety, as well as review of systems for fire alarms, sprinklers, two-way communication, emergency responder and more.
Darcy Axiaq | ( 650) 616-7020 | daxiaq@sanbruno. ca.gov 131
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SHERWIN WILLIAMS MIXED USE DEVELOPMENT
Location: Emeryville, CA Year : 2016 - Ongoing
This project entails 10 acres of project site, divided into five parcels, to accommodate 500 rental residential units, office space, retail/ restaurant and gallery, meeting space in four new buildings, combining 86,000 square feet. WC3 administered complete building plan review services and is assisting with building inspection services as well.
Charles Bryant | ( 510) 596-4361 | cbryant@emeryville. org
NEIGHBORHOODS AT THE BOULEVARD
Location: Dublin, CA Year : 2017 - Ongoing
The Neighborhoods at the Boulevard project is a one of kind community comprised of 10 different neighborhoods that include town-homes, single-family detached homes, penthouses and flats.
WC3 performed complete plan review of various structures and facilities within the project.
Gregory Shreeve, Sr., CBO, CASp | ( 925) 833-6620
gregory. shreeve@dublin. ca.gov
References ( Continued)
1409 EL CAMINO REAL
Location: Redwood City, CA Year : 2017 - Ongoing
1409 El Camino Real consists of three underground garage levels and eight stories above grade. Constructed as entirely Type I- A, the building sprawls across 71,500 square feet, with a total building square footage of 558,519. WC3 performed the complete architectural, structural and fire plan review.
Christina McTaggart | ( 650) 780- 7350 | cmctaggart@redwoodcity. org
LINCOLN LANDING
Location: Hayward, CA Year : 2018
This 7-story structure provided the City of Hayward with 474 residential units, over 100, 000 square feet of parking, and almost 200,000 square feet of retail space. The massive downtown mixed use development totals 883,152 square feet and consists of type I-A and III-A construction. WC3 provided the complete building review for this 93 million dollar project.
Omar Noorzad | ( 510) 583-4313 | omar.noorzad@hayward- ca.gov 132
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Teaming with Your Community to Make a Difference | www.WC-3.com 23 Rate and Service Structure
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WC3 Proposed Fee Schedule
Additional notes and details included on the subsequent page.
PLAN REVIEW SERVICES FIXED FEE / CONTRACT RATES
Comprehensive Residential Plan Review 65% of Plan Review Fees Collected by the City Comprehensive Commercial Plan Review 65% of Plan Review Fees Collected by the City Residential Structural Only Plan Review 45% of Plan Review Fees Collected by the City Commercial Structural Only Plan Review 45% of Plan Review Fees Collected by the City Revisions / Deferred Submittals, RFIs / ASIs, Etc. As Per Hourly Rates Below Minimum Plan Review Fee $ 290 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Contract Rates
Electronic Plan Review / Auto Coordination No Additional Cost
BUILDING DEPARTMENT SERVICES HOURLY RATES
Chief Building Official $ 160.00 / Hour
Senior Client/ Project Manager $ 150.00 / Hour
CASp Plan Reviewer / Inspector $ 150.00 / Hour
Plan Review Structural Engineer ( Registered SE)$ 150.00 / Hour Plan Review Engineer ( Registered PE / FPE)$ 145.00 / Hour ICC Certified Building / Fire Plan Reviewer $ 135.00 / Hour ICC Certified Senior Building Inspector $ 145.00 / Hour ICC Certified Building Inspector III $ 140.00 / Hour
ICC Certified Building Inspector II ( Commercial)$ 135.00 / Hour ICC Certified Building Inspector I ( Residential)$ 125.00 / Hour ICC Certified Permit Technician $ 85.00 / Hour
Administrative / Counter Support $ 85.00 / Hour
Expedited Plan Review 150% of Hourly Rates
MISCELLANEOUS SERVICES HOURLY RATES
Reimbursable Expenses At Cost + 10%
Courier/ Delivery Expenses No Additional Cost
Mileage Expenses Hourly Rate + IRS Standard Rate
WC3 proposes the following fees based on a percentage of the plan review fees collected by the City of Cupertino.
A listing of hourly rates additionally depicts fees proposed for all personnel assigned to this project. 134
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Teaming with Your Community to Make a Difference | www.WC-3.com 25 Rate and Service Structure ( Continued)
Plan Review Services - Plan check services include an initial review, second review and minor third review ( if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City.
Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount.
Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours' notice. This service will be accommodated for both percentage based and fixed fee/ contract rate packages, as well as for hourly rate contracts and services.
Electronic Plan Review - Electronic plan review services will be performed for percentage- based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated withinhouse City services. WC3 will automatically coordinate all processes.
Annual Hourly Rate Adjustment - WC3’s proposed hourly rates are applicable through June 30, 2023. Hourly rates are subject to an annual increase based on a minimum 3% cost-of-living, the Engineering News Record’ s (ENR) Construction Cost Index (CCI), or the Consumer Price Index - Urban (CPI-U); whichever is greater.
Prevailing Wage Assignments - Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California' s Department of Industrial Relations ( DIR) regulations.
On-Site, In-House or Inspection Services - On site or in-house services ( plan review, permit technician, CBO services) will be provided in eight (8) hour segments. A four (4) hour minimum is required for all requested inspection services. Certified Building Official rates will be dependent upon proposed candidate.
Overtime - On-site, in-house or inspection services more than forty ( 40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
Overtime – One hundred fifty percent ( 150%) of regular rates. Overtime is defined as working more than forty (40) hours a week, more than eight (8) hours a day or more than six (6) consecutive days in a week
Double Overtime – Two hundred percent (200%) of regular rates. Double overtime is defined as working more than twelve (12) hours a day or working more than eight (8) hours on the seventh consecutive day of work.
Holidays and Weekends – Two hundred percent (200%) of regular rates.
Reimbursable Expenses - Reimbursable expenses ( i.e., specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost + 10% mark up.
Courier / Delivery Expenses - Should the need arise, WC3 will use our established shipping service to pick up documents for courier/ delivery to and from our WC3 office(s) at no additional cost.
Mileage Expenses - When applicable, reimbursements for mileage are for the use of personal automobiles within the City’s limits, typically Building Inspectors. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service’ s (IRS) standard mileage rate. 135
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Teaming with Your Community to Make a Difference | www.WC-3.com 26 Appendix - Resumes
Giyan Senaratne, PE, SE, LEED AP 27
Donald Zhao, PE, MCP, CBO 28
Todd Snider, PE, SE, CBO 29
Chris Kimball, PE, SE, MCP, CBO 30
Saeed Amirazizi, SE, CBO, CASp 31
Toby Johnson, PE 32
Order of Resumes:
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Exhibit B
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Insurance Requirements for Professional/ Specialized Services Agreement 1 Version: Jan. 2022
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees orsubcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “ occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $ 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be ( 1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be " primary and noncontributory," will not seek contribution from City’ s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’ s own insurance or self-insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos ( Code 8) and non-owned autos ( Code 9), with limits no less than $1,000, 000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury ordisease.
Not required if Contractor provides written verification it has no employees).
4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (ifapplicable).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained byContractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not
EXHIBIT C
Insurance Requirements
Professional/ Specialized Services Agreement
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Insurance Requirements for Professional/ Specialized Services Agreement 2 Version: Jan. 2022
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’ s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment ofpremiums.
Waiver of Subrogation
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’ s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best’ s financial strength rating of “A” or better and a financial size rating of “VII” orbetter.
Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the Effective Date of theContract.
2. Insurance must be maintained for at least five (5) years after completion of theServices.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “ extended reporting” coverage for a minimum of five (5) years after completion of theServices.
Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the Services. City retains the right to demand verification of compliance at any time duringthe Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Insurance coverage shall not limit Contractor’ s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER( S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E- MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON- OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/ DD/ YYYY) LIMITS(
POLICY EXP(
MM/ DD/ YYYY) NUMBERTYPEEFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS- MADE
DED RETENTION $
PRODUCTS - COMP/ OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP ( Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/ DD/ YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/21/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Jennifer Aguirre
510) 465- 3090
DesignProCerts@AssuredPartners. com
License#: 6003745 XL Specialty Insurance Company 37885
WESTCOAST5 Sentinel Insurance Company 11000WestCoastCodeConsultants, Inc. 5000 Executive Parkway, Suite 510
San Ramon, CA 94583
925) 275-1700
Trumbull Insurance Company 27120
HARTFORD INSURANCE COMPANY 38288
676882476
B X 2,000, 000
X 1,000, 000
X Contractual Liab 10,000
2,000, 000
4,000, 000
X
Y Y 57SBWBO3190 4/28/2022 4/28/2023
4,000, 000
C 1,000, 000
X
X X
Y Y 57UEGBC6531 4/28/2022 4/28/2023
B X X 2022Y 000Y57SBWBO31904/ 28/ 4/28/2023 4,000,
4,000, 000
X
10,000
D X
Y
Y 57WEGAR9X7K 4/28/2022 4/28/2023
1,000, 000
1,000, 000
1,000, 000
A Professional Liability
Claims Made
Y DPR9992374 4/28/2022 4/28/2023 $ 2,000, 000
4,000, 000
per Claim
Annual Aggregate
Project Name: Apple Campus 2 -- The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement. General Liability is Primary/ Non-Contributory per policy form wording. Insurance coverage includes Waiver of Subrogation per the attached. 30 Day Notice of Cancellation
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014-3255
146
CC 11-01-2022
146 of 529
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 11 of 24
b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers",
any partner or member ( if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person ( other than your " employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
1)" Bodily injury" or " property damage"
that occurred; or
2)" Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a." Bodily injury" to a co-"employee" of the
person driving the equipment; or
b." Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a." Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b." Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person( s) or organization( s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Policy #
57SBWBO3190
57SBWBO3190
147
CC 11-01-2022
147 of 529
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.– Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization( s) (referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of " your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products- completed operations hazard".
1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
a)" Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor' s premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h)" Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs ( d) or (f); or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", " property damage" or
personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Policy #
57SBWBO3190
57SBWBO3190
148
CC 11-01-2022
148 of 529
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 13 of 24
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) Any " occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
1) Any architect, engineer, or surveyor, but
only with respect to liability for " bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a) In connection with your premises;
or
b) In the performance of your
ongoing operations performed by
you or on your behalf.
2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a)" Bodily injury", " property damage"
or " personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
b)" Bodily injury" or "property damage"
included within the " productscompleted operations hazard". f. Any Other Party
1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for " bodily injury",
property damage" or " personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
a) In the performance of your
ongoing operations;
b) In connection with your premises
owned by or rented to you; or
c) In connection with " your work" and
included within the " productscompleted operations hazard", but only if
i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
ii) This Coverage Part provides
coverage for " bodily injury" or
property damage" included
within the " productscompleted operations hazard".
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
Bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Policy #
57SBWBO3190
57SBWBO3190
149
CC 11-01-2022
149 of 529
BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D.– Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.– Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing " suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of " bodily injury" and
property damage" included in the
products- completed operations hazard" is
the Products- Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", " property damage" or " personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your " locations"
owned by or rented to you.
Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one " occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Policy #
57SBWBO3190
57SBWBO3190
150
CC 11-01-2022
150 of 529
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured' s estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the "occurrence"
or offense took place;
2) The names and addresses of any
injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or " suit" is brought
against any insured, you or any additional
insured must:
1) Immediately record the specifics of the
claim or " suit" and the date received;
and
2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
2) Authorize us to obtain records and
other information;
3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured' s Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured' s own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
occurrence", offense, claim or " suit" is
known to:
1) You or any additional insured that is
an individual;
2) Any partner, if you or an additional
insured is a partnership;
3) Any manager, if you or an additional
insured is a limited liability company;
4) Any " executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5) Any trustee, if you or an additional
insured is a trust; or
6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
Policy #
57SBWBO3190
57SBWBO3190
151
CC 11-01-2022
151 of 529
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for " bodily injury"
liability and " property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to " mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a " suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant' s legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder' s Risk, Installation Risk or
similar coverage for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, " autos" or watercraft to
the extent not subject to Exclusion g. of
Section A.– Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A.–
Coverages.
Policy #
57SBWBO3190
57SBWBO3190
152
CC 11-01-2022
152 of 529
BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs ( a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured' s
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and selfinsured amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring " suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery ( Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Policy #
57SBWBO3190
57SBWBO3190
153
CC 11-01-2022
153 of 529
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the " insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any " employee" of yours while using a A. Subsidiaries covered " auto" you don't own, hire or and Newly Acquired or yourFormed Organizations borrow in your business or
personal affairs.
The Named Insured shown in the
InsuredsDeclarations is amended to include: C. Lessors as 1) Any legal business entity other than a Paragraph A.1.- WHO IS AN INSURED - of ( topartnershiporjointventure, formed as a Section II - Liability Coverage is amended subsidiary in which you have an add:
ownership interest of more than 50% on e. The lessor of a covered " auto" while the the effective date of the Coverage Form. " auto" is leased to you under a written However, the Named Insured does not agreement if:
include any subsidiary that is an (
1) The agreement requires you to"
insured" under any other automobile
provide direct primary insurance for
policy or would be an " insured" under
the lessor andsuchapolicybutforitsterminationor
2) The "auto" is leased without a driver. the exhaustion of its Limit of Insurance. 2) Any organization that is acquired or Such a leased " auto" will be considered a ( formed by you and over which you covered " auto" you own and not a covered maintain majority ownership. However, auto" you hire.
the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization:(
1) Paragraph A.1.- WHO IS AN INSURED
a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add:
b) That is an "insured" under any other
writtenpolicy, f. When you have agreed, in a
contract or written agreement, that a
c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your d) 180 days or more after its business auto policy, such person or ( acquisition or formation by you, organization is an "insured", but only orunlessyouhavegivenusnoticeof to the extent such person bodilythe acquisition or formation. organization is liable for " causedCoveragedoesnotapplyto" injury" or "property damage" bodily by the conduct of an "insured" under injury" or "property damage" that results Anfroman" paragraphs a. or b. of Who Is accident" that occurred before theyouformed Insured with regard to or acquired the organization. ownership, maintenance or use of a
B. Employees as Insureds
covered " auto."
Paragraph A.1.- WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
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ifTheinsuranceaffordedtoanysuch E. Primary and Non-Contributory Contractadditionalinsuredappliesonlyifthe Required by
bodily injury" or " property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D.- Additional
1) During the policy period, and Insured If Required by Contract, the following provisions apply:( 2) Subsequent to the execution of such written contract, and ( 3) Primary Insurance When Required By Contract( 3) Prior to the expiration of the period
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also ( 2) How Limits Apply primary, we will share with all that
otherIfyouhaveagreedinawrittencontractinsurancebythemethoddescribedinorwrittenagreementthatanother Other Insurance 5.d. person or organization be added as an
Otheradditionalinsuredonyourpolicy, 4) Primary And Non-Contributory To the Contractmostwewillpayonbehalfofsuch Insurance When Required By additional insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance( a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured' s own insurance, this agreement; or insurance is primary and we will not(
b) The Limits of Insurance shown in
otherthe seek contribution from thatDeclarations. insurance.
Such amount shall be a part of and not ( Paragraphs 3)( 4) and do not apply to other in addition to Limits of Insurance shown insurance to which the additional insuredintheDeclarationsanddescribedinthishasbeen added as an additional insured.
Section.
When this insurance is excess, we will have no (
3) Additional Insureds Other Insurance duty to defend the insured against any " suit" if If we cover a claim or " suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that " suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured' s rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and
otherindemnity. When this insurance is excess over
insurance, we will pay only our share of the
However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement ( 1) The total amount that all such otherthatthisinsuranceisprimaryandnon- insurance would pay for the loss in thecontributorywiththeadditionalinsured' s andowninsurance. absence of this insurance;
2) The total of all deductible and self-insured (
4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.
Suit or Loss
We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another
EMPLOYEESpersonororganizationbeaddedasan 2. AUTOS RENTED BY additional insured on your policy, the Any " auto" hired or rented by your " employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2.- DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
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ADDITIONALIfan" employee’ s" personal insurance also . 5 PHYSICAL DAMAGE - applies on an excess basis to a covered " auto" TEMPORARY TRANSPORTATION EXPENSE COVERAGEhiredorrentedbyyour" employee" on your
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the " employee’ s" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $ 50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $ 1,000.
COVERAGEEXCLUSION5.- FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total " loss" to a insurance in-force covering all of your covered " auto", we will pay your additional legal employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the " auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE " Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less If hired " autos" are covered " autos" for Liability overdueCoverageandifComprehensive, any amounts representing taxes; Specified chargesCausesofLoss, payments; penalties, interest or or Collision coverages are additionalprovidedunderthisCoverageFormforany resulting from overdue payments; mileage charges; excess wear and tear charges;" auto" you own, then the Physical Damage lease termination fees; security deposits not Coverages provided are extended to "autos" you extendedhire returned by the lessor; costs for or borrow, subject to the following limit. warranties, credit life Insurance, health, accidentThemostwewillpayfor" loss" to any hired or disability insurance purchased with the loan or "
auto" is: lease; and carry-over balances from previous
1)$ 100,000; loans or leases.
2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of 3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned " auto" for that airbag.
coverage. No deductible applies to "loss" caused
BROADENEDby 8. ELECTRONIC EQUIPMENT -fire or lightning. Hired Auto Physical Damage COVERAGEcoverageisexcessoveranyothercollectible
a. The exceptions to Paragraphs B.4 - insurance. Subject to the above limit, deductible EXCLUSIONS - of SECTION III - PHYSICAL and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following: covered " auto" you own.
We Exclusions 4.c. and 4.d. do not apply to will also cover loss of use of the hired " auto" solelyifitresultsfroman" equipment designed to be operated accident", you are legally by use of the power from the " auto's" liable and the lessor incurs an actual financial electrical system that, at the time of "loss", loss, subject to a maximum of $ 1000 per is:" accident".
1) Permanently installed in or upon This extension of coverage does not apply to the covered " auto"; any " auto" you hire or borrow from any of your employees", partners ( if you are a partnership),( 2) Removable from a housing unit members ( if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered " auto"; 3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs ( 1) and (2) above; or
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4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered " auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to auto's" operating system. the same " accident", the following applies:
b.Section III – Version CA 00 01 03 10 of the ( 1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller ( or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of ( 2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller ( or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller ( or smallest) following: deductible.
1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one " accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment ( other than equipment designed
The requirement in LOSS CONDITIONS 2.a.- solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT, CLAIM, accessories used with such equipment) BUSINESSthatreproduces, SUIT OR LOSS - of SECTION IV - receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the istimean "accident" applies only when the "accident" of "loss", is:
known to:
1) Permanently installed in or upon (
1) You, if you are an individual; the covered " auto" in a housing, opening or other 2) A partner, if you are a partnership; location that is not normally used by the " auto"( 3) A member, if you are a limited liability manufacturer for the installation of company; or
such equipment; (
4) An executive officer or insurance manager, if
2) Removable from a permanently you are a corporation.
installed housing unit as described
13. UNINTENTIONAL FAILURE TO DISCLOSE
in Paragraph 2.a. above or is an
HAZARDSintegral part of that equipment; or
If you unintentionally fail to disclose any hazards(
3) An integral part of such equipment.
existing at the inception date of your policy, we
c.For each covered " auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or
14. HIRED AUTO - COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby Paragraph e. of GENERAL CONDITIONS 7.- the applicable deductible shown in the Declarations, POLICY PERIOD, COVERAGE TERRITORY - or $ 250, whichever deductible is less. of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
9. EXTRA EXPENSE - BROADENED
coverageCOVERAGE e. For short-term hired " autos", the
territory with respect to Liability Coverage isUnderParagraphA.- COVERAGE - of SECTION theIII- anywhere in the world provided that ifPHYSICAL DAMAGE COVERAGE, we will " insured' s" responsibility to pay damages for
pay for the expense of returning a stolen covered "
bodily injury" or " property damage" is "
auto" to you.
determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories ofUnderParagraphD.- DEDUCTIBLE - of SECTION and possessions of the United States III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a settlement we agree to. following is added:
SUBROGATIONNodeductibleappliestoglassdamageifthe 15. WAIVER OF glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - byUnderParagraphD.- BUSINESS AUTO CONDITIONS is amended DEDUCTIBLE - of SECTION adding the following: III - PHYSICAL DAMAGE COVERAGE, the following is added:
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We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form." loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of " bodily injury" in SECTION V- a.A " non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos" Bodily injury" means bodily injury, sickness or powered solely by electricity or natural gas. disease sustained by any person, including mental anguish or death resulting from any of b.A " hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
internal17. electric motors; and that uses the EXTENDED CANCELLATION CONDITION combustion engine and one or more electric
Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGEnonpaymentofpremium, we will mail or deliver whichtothefirstNamedInsuredwrittennoticeof In the event of a total loss to an "auto" for orcancellationatleast60daysbeforetheeffective Comprehensive, Specified Causes of Loss, thisdate Collision coverages are provided under of cancellation.
Damage18. Coverage Form, then such PhysicalHYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:
VEHICLE PAYMENT COVERAGE
In addition to the actual cash value of the "auto",
In the event of a total loss to a "non-hybrid" auto
we will pay up to $ 1,000 for vinyl vehicle wraps
for which Comprehensive, Specified Causes of
theLoss, which are displayed on the covered " auto" ator Collision coverages are provided under ofthisCoverageForm, time of total loss. Regardless of the numberthen such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one " loss" is $ 5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto’s not considered vehicle wraps. actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
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57WEGAR9X7K 04/28/
2022 West Coast Code Consultants,
Inc.San Ramon, CA
94583 925)275-
1700 04/28/
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 1) Printed in U.S.A.
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WEGAR9X7K
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West Coast Code Consultants, Inc.
San Ramon, CA 94583
925) 275- 1700
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1 FIRST AMENDMENT TO AGREEMENT 22-066
BETWEEN THE CITY OF CUPERTINO AND
INDEPENDENT CODE CONSULTANTS, INC., FOR
ON-CALL PLAN REVIEW
This First Amendment to Agreement 22-066 between the City of Cupertino and Independent Code Consultants, Inc., 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. On July 1, 2022, Agreement 22-066 (“Agreement”) was entered into by and between City and Contractor for on call plan review.
B. The Agreement and the First Amendment are collectively referred to as the “Agreement” unless otherwise indicated.
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 July 1, 2022 and ends on June 30, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2024. 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.
2. Exhibit B to the Agreement is replace by Exhibit B-1.
3. Paragraph 4 of the Agreement is modified to read as follows:
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3 EXPENDITURE DISTRIBUTION
Item PO 2023-041 Amount
Base $175,000
1st Amendment $250,000
Total $425,000
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City of Cupertino | As-Needed Outside Plan Review, Permitting, Project Management, and Administrative Services Page | 20
Plan Review Services Unit Rate Unit
Complete Plan Review Fee (first submittal plus two (2) additional subsequent submittal) 65% of Plan Review Fee All other Building, Safety Plan Review Submittals $125.00 Hour Non-Structural Review $125.00 Hour
Structural Review $125.00 Hour
Building Department Support Staff Unit Rate Unit
Plans Examiner/Engineer $125.00 Hour
CASp Inspector *Rate varies by building
Permit Technician $65.00 Hour
Basis of Charges Unit Rate
Work over 8 hours a day Time and One-Half
Work over 12 hours, Monday through Friday Double Time
Work on Saturdays Time and One-Half
Work over 8 hours on Saturday Double Time
Work on Sundays/Holidays Double Time
Reimbursables Cost
Plan Review Contract Through June 30, 2024 (Not to Exceed Amounts) July 1, 2022 through June 30, 2024 $250,000.00
EXHIBIT B-1 & C-1 | CONTRACT BUDGET
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On call plan review