A - 1st Amendment to Plan Review Services Contract - WC3_signed contract

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.
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.

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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.

Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’ s compensation, or other benefits from the City.

5.2 Contractor’ s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.

5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subcontractors. Only Contractor’ s employees are authorized to work under this Agreement.

Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, On Call Plan Review
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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 On Call Plan Review
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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.

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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.

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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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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
WEST COAST CODE CONSULTANTS, INC.

By
Name
Title
Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
Donald Zhao
Vice President
Oct 20, 2022
Christopher D. Jensen
Albert Salvador, P.E.

Assistant Director, CDD
Oct 21, 2022
Oct 21, 2022
Prepared for: City of Cupertino, CA
Community Development Department, Building Division
Submitted by: Thursday, October 20, 2022
Submitted via Email to: abigaila@cupertino. org

STATEMENT OF QUALIFICATIONS
Professional Plan Review
Services for the Bay Area
Self Storage Project
West Coast Code Consultants, Inc.

South San Francisco Regional Office
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
CALIFORNIA | UTAH | WASHINGTON | NEVADA | IDAHO
West Coast Code Consultants, Inc.

PROPOSAL CONTACT:

Donald Zhao | Senior Client Manager
P: (650) 754-6353 | C: ( 925) 997-4322
E: Donald@WC- 3.com
www.WC-3.com
Teaming with Your Community to Make a Difference
City of Cupertino
Attn: Albert Salvador
Assistant Director CDD / Building Official
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
building@cupertino. org
Teaming with Your Community to Make a Difference | www.WC-3.com ii Table of Contents
Table of Contents ii
Cover Letter 1
About the Consultant 3
Scope of Service for Project 6
Project Team Organization 10
Key/ Lead Personnel Qualification Information 13
References 18
Rate and Service Structure 23
Appendix - Resumes 26
Teaming with Your Community to Make a Difference | www.WC-3.com 1 Cover Letter
October 20, 2022
City of Cupertino
Attn: Albert Salvador
Assistant Director CDD / Building Official
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
RE: Request for Qualifications - Professional Plan Review Services for the Bay Area Self Storage Project Dear Mr. Salvador:

West Coast Code Consultants, Inc. (WC3) is very pleased to present our Statement of Qualifications ( SOQ) for Professional Plan Review Services for the Bay Area Self Storage Project in the City of Cupertino, CA ( City). WC3 understands the scope of services to be provided as per conversations with Phuong Devries, PE, including a “ not to exceed” services amount of $80,000. WC3 is very interested in assisting the City with our portfolio of plan review services.

For over 16 years, WC3 has cultivated a strong reputation for providing reliable support and excellent service to community development departments and governmental agencies across the West Coast. Our team is comprised of licensed professional engineers and land surveyors, fire protection engineers, ICC certified building code officials, fire code officials, fire marshals, access specialists, plans examiners, building and public works inspectors, permit technicians and other professionals. Our long-standing experience of working on various architectural, structural, mechanical, electrical, plumbing, fire, energy, civil and public works projects has provided WC3 with unparalleled knowledge of the provisions outlined in local codes and ordinances, State Codes, Federal Codes and Standards. Our combined experience, knowledge and customer service is key to our performance and we are confident WC3 is fully capable of meeting the needs of the City of Cupertino.

Work associated with this project will be managed by WC3’s South San Francisco and San Ramon Corporate Offices, with additional regional offices assisting as necessary. WC3 has read the City’s previous noted Standard Consultant Agreement and accepts the language as written; acknowledging that our firm meets all requirements for award of an Agreement. This includes, specifically, the City’ s Hold Harmless Indemnity Requirements and Insurance Coverage Requirements without modifications. WC3 also understands and further agrees that the rates and multipliers listed on the Fee Schedule within our SOQ may be incorporated into a potential Agreement with the City.

We thank you for your consideration of WC3 and look forward to the opportunity of serving the City in this capacity.

We greatly value our partnership with the City of Cupertino and are confident in our ability to serve your community by delivering professional, thorough services with our widely diverse and experienced team.

If you have any questions or require further information, please feel free to contact myself, or the Project Manager our firm has assigned to this project:

Donald Zhao, PE, MCP, CBO | Vice President / Regional Manager / Senior Client Manager West Coast Code Consultants, Inc. | 417 Grand Avenue, Suite 201 | South San Francisco, CA 94080 P: ( 650) 754-6353 | C: ( 925) 997-4322 | E: Donald@WC- 3.com Sincerely,
Giyan Senaratne, PE, SE, LEED AP, CASp
Principal / CEO | giyan@WC- 3.com | ( 925) 275-1700
Corporate Office | 5000 Executive Parkway, Suite 510 | San Ramon, CA 94583 | P: ( 925) 275- 1700 | www. WC- 3.com Cover Letter
Teaming with Your Community to Make a Difference | www.WC-3.com 3 About the Consultant
Teaming with Your Community to Make a Difference | www.WC-3.com 4 Certification
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
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 Teaming with Your Community to Make a Difference | www.WC-3.com 6 Scope of Service for Project
Teaming with Your Community to Make a Difference | www.WC-3.com 7 Statement of Understanding to Scope of Services
For more than 16 years, WC3 has been a leading provider of municipal building and fire/life safety plan reviews.

We are proud to have an extensive list of longstanding public sector clients in multiple states, who have chosen West Coast Code Consultants, Inc. as their primary code consultant. WC3 checks building plans for compliance with the model construction codes and standards adopted by a state or a specific jurisdiction. Additionally, 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
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)
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
Teaming with Your Community to Make a Difference | www.WC-3.com 10 Project Team Organization
Teaming with Your Community to Make a Difference | www.WC-3.com 11 Project Team Organization
Plan Review Services
For the City of Cupertino Bay Area Self Storage Project, WC3 has assembled a professional team of licensed professional engineers, structural engineers and land surveyors. Our team holds many International Code Council ICC) certifications, including Master Code Professional, Electrical Code Specialists, Mechanical Code Specialists, Plumbing Code Specialists, Building Code Officials and building plans examiners. As requested in the RFQ, we have designated Key Personnel or Lead Plan Review Designees to help facilitate and manage projects. This is in addition to a designated Project Manager who will assist in overseeing the entire project as a whole. As previously mentioned on page 8 of this proposal, WC3 has ten (10) licensed structural engineers, twenty two (22) professional engineers including fire protection engineers), and six ( 6) Master Code Professionals on staff throughout the company. All members of our plan review team are available to assist with project overflow should the workload necessitate.

A Cohesive Team
Many members of our plan review team have worked for WC3 for years. Therefore, they each have many years of experience working cohesively across disciplines on hundreds of jurisdictional projects. A portrayal and organization chart of WC3’s proposed Project Team can be viewed on the next page. No sub-consultants will be used in conjunction with the City of Cupertino Bay Area Self Storage Project.

Teaming with Your Community to Make a Difference | www.WC-3.com 12 Project Team Organization ( Continued)

PLAN REVIEW

LEAD FIRE AND LIFE SAFETY (BUILDING)

PLAN REVIEW DESIGNEE
Todd Snider, PE, SE, CBO

FIRE AND LIFE SAFETY

BUILDING)

LEAD STRUCTURAL

PLAN REVIEW DESIGNEE
Chris Kimball, PE, SE, MCP, CBO

STRUCTURAL

LEAD ACCESSIBILITY

PLAN REVIEW DESIGNEE
Saeed Amirazizi, PE, SE, CBO, CASp

ACCESSIBILITY

LEAD PLUMBING/ MECHANICAL

PLAN REVIEW DESIGNEE
Donald Zhao, PE, MCP, CBO

PLUMBING/ MECHANICAL
Plumbing/ Mechanical Plan Review
George Williams, MCP, CBO
Sekhar Tatapudy
Andrew Wallace

LEAD ELECTRICAL

PLAN REVIEW DESIGNEE
Toby Johnson, PE

ELECTRICAL

LEAD ENERGY

PLAN REVIEW DESIGNEE
Chris Kimball, PE, SE, MCP, CBO
ENERGY

OVERALL PROJECT MANAGER
Donald Zhao, PE, MCP, CBO
WEST COAST CODE CONSULTANTS, INC.

PRINCIPAL / CEO
Giyan Senaratne, PE, SE, LEED AP
Project Team Organization Chart:

Fire and Life Safety ( Building) Plan Review
Eric Schneiderjohn, PE
Yuri Shin, PE
Zahra Fattah
Andrew Wallace
Areli Sanchez
Structural Plan Review
Greg Mason, PE
Mike Molyneux, PE
Daniel Mooney, PE
Keith Ma, PE
Yuri Shin, PE
Scott Porter, PE
Accessibility Plan Review
Todd Snider, PE, SE, CBO
Alexa Nielsen
Electrical Plan Review
Doug Smith, MCP, CBO
George Williams, MCP, CBO
Energy Plan Review
Doug Smith, MCP, CBO
Sekhar Tatapudy
Teaming with Your Community to Make a Difference | www.WC-3.com 13 Key/ Lead Personnel Qualification Information
Teaming with Your Community to Make a Difference | www.WC-3.com 14 WC3 has established an experienced team of individuals that would seamlessly augment the City of Cupertino Bay Area Self Storage Project. Our South San Francisco and San Ramon Corporate office locations will serve as the primary management centers for this project with Mr. Donald Zhao, PE, MCP, CBO overseeing all disciplines. The following includes a brief summary of our proposed key contacts. Full resumes of the key/ lead project team can be found in the Appendix, while copies of requisite licensing or certifications may be provided upon request.

Mr. Giyan Senaratne, S.E., P.E., is the founder of WC3 and has more than 33 years of experience providing professional building and life safety services to numerous municipalities and government agencies. He is a registered structural engineer, a registered civil engineer, an ICC certified plans examiner, a LEED AP professional, and a former Certified Access Specialist CASp). He has exceptional experience in managing projects and performing plan reviews or inspections for a wide variety of types of construction and occupancy groups. This includes simple residential homes, multi- family podium projects, high-rise structures, complex industrial plants, and large-scale power plants. He is actively involved with code development at the State level and is a sought-after educator for code trainings for building officials, design professionals, and contractor organizations.

Giyan Senaratne, PE, SE, LEED AP - Principal / CEO
Industry Experience: 35
Years with Firm: 16
ME Degree: Civil Engineering
San Jose State University
BS Degree: Civil Engineering
San Jose State University
Registered SE: California S4457;
Washington 49198; Arizona 41242
Registered PE: California C46194;
Washington 49198
ICC Certifications ( 5311292):

Building Inspector
LEED AP Credential
Key/ Lead PersonnelQualification Information ( Continued) With over 20 years of experience in the construction industry and 14 of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets and uses every opportunity to expand his base of knowledge and share it with his team. A collaborative approach, with a strict standard of quality, has enabled Donald to lead WC3’s South San Francisco office with consistent growth. Donald’s technique and ambition serve as the foundation and goal for all his employees and sets him at the cutting edge of an industry constantly in search of innovation. As a Master Code Professional and Certified Building Official, Mr. 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
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
Teaming with Your Community to Make a Difference | www.WC-3.com 16 Mr. Amirazizi is a licensed structural engineer with over 35 years of experience enforcing building code requirements for structural design, seismic analysis, retrofit and plan checking of hospitals, public schools, commercial, industrial residential and public facilities involving all aspects of adopted code.

He is a Certified Access Specialist and obtains invaluable experience as a Certified Building Official. Saeed has worked alongside Community Development Directors in various
Southern California jurisdictions and has experience that includes organizing, scheduling, and supervising various building department activities as related to plan check, inspection and permit issuance. His extensive background provides him the ability to effectively coordinate and cross train across a variety of teams, disciplines, divisions and agencies to help resolve building code related issues and keep projects on task or on schedule. Mr. Amirazizi’ s experience and background qualify him to serve as WC3’s Lead Accessibility Plan Review Designee for the City of Cupertino Bay Area Self Storage Project.

Saeed Amirazizi, PE, SE, CBO, CASp - Lead Accessibility Plan Review Designee Industry Experience: 35
MS Degree: Structural Engineering
Stanford University, 1984
BS Degree: Civil Engineering
Northeastern University, 1980
Registered PE: California 43751
Registered SE: California S3499
ICC Certifications ( 0019700):

Certified Building Official
Building Code Specialist
Building Plans Examiner
Building Inspector
Residential Building Inspector
Commercial Building Inspector
Accessibility Inspector/ Plans
Examiner
Certified Access Specialist:

CASp - 670
CA Certified Safety Assessment
Evaluator - ID #69815
Key/ Lead PersonnelQualification Information ( Continued) Donald Zhao is a licensed professional engineer with over 14 years of experience working as an ICC certified Master Code Professional. Through this designation, Mr. Zhao
has obtained certification as a Building Code Specialist, Plumbing Code Specialist and Mechanical Code Specialist, in addition to being certified as an ICC California state- specific Commercial Mechanical and Plumbing Inspector. He has years of experience reviewing and performing plan review analysis on the plumbing and mechanical systems of numerous new
construction multi- family projects throughout California and the San Francisco Bay Area. His solid background in mechanical engineering fundamentals and advanced concepts have qualified him to understand the intricacies of various design systems, including heating and cooling, ventilation and energy recovery, air volume, natural gas piping, commercial water supply, waste and ventilation, hot water generation, hot water reclamation, building energy management, and more. Donald’ s strong attributes in leadership and communication with an emphasis on high attention to detail and accuracy will serve him well as he takes the lead as the Lead Plumbing/ Mechanical Plan Review Designee.

Donald Zhao, PE, MCP, CBO - Lead Plumbing/ Mechanical Plan Review Designee Years Experience: 16
Years with Firm: 9
BS Degree: Civil Engineering
San Jose State University
Registered PE: California 79273;
CAL EMA Safety Assessment
Program Evaluator: 81869
ICC Certifications ( 5300664):

Master Code Professional
Building Official / Code Official
Accessibility Plans Examiner/ Insp.

Building Inspector
Building Plans Examiner
CA Commercial Mech. Inspector
CA Commercial Plumb. Inspector
CA Residential Building Inspector
Combination Inspector
Com. Building Inspector
Com. Combination Inspector
Commercial Electrical Inspector
16 Additional ICC Certifications
Teaming with Your Community to Make a Difference | www.WC-3.com 17 Mr. Kimball currently serves as a Vice President of WC3 and is a licensed structural engineer, civil engineer and ICC Master Code Professional. He is also certified by ICC as a building official, fire code official, 3- way MEP Code Official, combination plans examiner/ inspector, energy plans examiner/ inspector, and as an accessibility plans examiner/ inspector. He has performed building code administration and plan review
services for thousands of projects throughout the Western United States. Chris has overseen the On-Call DCBO work for the past three years on behalf of the California Energy Commission and been involved with various energy projects, including Pio Pico, Carlsbad Energy Center, Orange Grove, Blythe Solar Power Project, Milford Wind Corridor Project and Thermo No. 1 Plant.

Chris is an ICC approved instructor and has authored the 2018 International Existing Building Code Handbook and co-authored the 2018 and 2021 International Building Code Handbooks. Mr. Kimball will serve as the Lead Energy Plan Review Designee.

Chris Kimball, PE, SE, MCP, CBO - Lead Energy Plan Review Designee Industry Experience: 20
Years with Firm: 12
ME Degree: Civil Engineering
BS Degree: Civil Engineering
Registered SE: Utah 4775874
Registered PE: California C67857;
Nevada 019503; Arizona 48503;
Washington 53117
ICC Certifications ( 5309944):

Master Code Professional
Certified Building Official
Certified Fire Code Official
Combination Plans Examiner
Combination Inspector
34 Additional Certifications
CAL-EMA Emergency Responder
Key/ Lead PersonnelQualification Information ( Continued) Mr. Johnson is a licensed electrical engineer as well as a licensed journeyman electrician. He has more than 15 years of experience on large commercial and residential electrical projects. Toby has shown a proficiency for reviewing electrical systems for complex industrial and power generation facilities from low to high voltages. His field experience as an electrician, in addition to his electrical engineering design background, provides him with an exemplary level of understanding that is to be desired by others in the industry. Mr. Johnson has performed electrical reviews of several California Energy Commission projects and his qualifications will allow him to serve as the Lead Electrical Plan Review Designee for the City of Cupertino Bay Area Self Storage Development.

Toby Johnson, PE - Lead Electrical Plan Review Designee Years Experience: 17
Years with Firm: 6
BS Degree: Electrical Engineering
Registered PE: California 22058
Registered PE: Utah 279628- 2202
Registered Journeyman
Teaming with Your Community to Make a Difference | www.WC-3.com 18 References
Teaming with Your Community to Make a Difference | www.WC-3.com 19 City of South San Francisco
Phillip Perry
Chief Building Official
315 Maple Avenue
South San Francisco, CA 94080
phillip. perry@ssf. net
650) 928-6675
Services: 2015 to Present
Building/ Fire/ Civil Plan Review,
Inspections, Staff Augmentation
WC3 is dedicated to providing our clients with excellent customer service and has been providing comprehensive plan review and additional services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to the City of Cupertino who we have served over the years, all of whom may be contacted as a reference. Associated projects related to the following jurisdictions may be viewed on the subsequent pages.

References
City of Dublin
Gregory Shreeve, CBO, CASp
Chief Building Official
100 Civic Plaza
Dublin, CA 94568
gregory. shreeve@dublin. ca.gov
925) 835-6628
Services: 2011 to Present
Building Plan Review, Inspections,
eProcess360 Software Platform
City of Hayward
Omar Noorzad
Acting Building Official
777 B St.

Hayward, CA 94541
omar.noorzad@hayard- ca.gov
510) 583- 4313
Services: 2010 to Present
Building/ Fire Plan Review,
Inspection Services
City of Emeryville
Charles Bryant
Planning & Building Director
1333 Park Ave
Emeryville, CA 94608
cbryant@emeryville. org
510) 596- 4361
Services: 2006 to Present
Building/ Fire/ Civil Plan Review,
Inspections, Staff Augmentation
City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Road
Redwood City, CA 94063
cmctaggart@redwoodcity. org
650) 780-7350
Services: 2011 to Present
Building/ Fire Plan Review,
Fire Marshal, Fire Inspections
City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St
San Carlos, CA 94070
cvalley@cityofsancarlos. org
650) 802-4262
Services: 2016 to Present
Building/ Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
Teaming with Your Community to Make a Difference | www.WC-3.com 20 References
Our professional team has experience reviewing various construction types and occupancies, including schools, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable projects displaying WC3’s diverse expertise. Throughout each project our team applied a comprehensive understanding of multiple building codes and worked cohesively with design teams to help resolve code issues. As the percentage of work fluctuates and varies with each individual project, WC3 staffing was assigned per the clients’ needs and based upon the project’s scope of work. All project schedules were adhered to and all project work was completed on time.

COMMUNITY CIVIC CAMPUS
Occupancy: A-2, A-3, B, S-2 Year : 2019 - Ongoing
Location: South San Francisco, CA Valuation: $210M
A forward thinking civic presence for the City of South San Fransisco that will include multi-functional, multi- user and interactive facilities.

Built in three phases the project will include a police facility, library, parks and recreation center, community theater, city council chamber, parking garage and fire station.

Phillip Perry | ( 650) 829-6670, x6675 | phillip.perry@ssf. net

APPLE PARK
Occupancy: Varies Year : 2013-2019
Location: Cupertino, CA Valuation: $ 4.17B
WC3 provided the architectural and structural plan review for this project, which spans four stories above grade and two stories below grade, totaling 4.3 million SF. WC3 assisted with all aspects of plan review including, electrical reviews of the solar rooftop panels, original structural and building plan reviews and review of changes during construction, as well as documents control and transportation.

Albert Salvador | ( 408) 777-3206 | alberts@cupertino. org

KILROY OYSTER POINT LIFE SCIENCE CAMPUS
Occupancy: Varies Year: 2018 - Ongoing
Location: South San Francisco, CA Valuation: Varies
Oyster Point transformed the South San Francisco waterfront into a transit-oriented life science campus. This ongoing project entails approximately 40 acres and 2.5 million SF of a landfill site, directly on the coastline, within a tsunami inundation zone. WC3 has assisted in performing various projects in the civil, fire and life safety and structural plan review disciplines for this enormous development.

Ongoing projects associated with tenant improvements, research labs, office space and new construction continue to thisday.

Phillip Perry | ( 650) 829-6670, x6675 | phillip.perry@ssf. net Teaming with Your Community to Make a Difference | www.WC-3.com 21 References ( Continued)

SOUTHLINE LIFE SCIENCE CAMPUS
Occupancy: Varies Year : 2019 - Ongoing
Location: South San Francisco, CA Valuation: Unknown
The Southline project is a mixed- use, transit-oriented development in South San Francisco. Steps away from BART and Caltrain, this innovative 7- building campus on 27 acres of former vacant lots and warehouses will revitalize the area by adding up to 3M SF of Class A office and life science space. WC3 performed the preliminary review, civil (C3) reviews, as well as comprehensive building plan reviews.

Phillip Perry | ( 650) 829-6670, x6675 | phillip. perry@ssf. net

GATEWAY AT MILLBRAE STATION DEVELOPMENT
Occupancy: R-2, S-2, A-3, M Year : 2020-Ongoing
Location: Millbrae, CA Valuation: Unknown
Gateway at Millbrae Station is a neighborhood- defining community delivering quality spaces for people to live, work, shop, and dine. The transit oriented project located east of the Millbrae Intermodal Station entails a 6-story mixed-use building consisting of retail, lab and office spaces. The site also includes a 2-story parking garage, 400 residential homes and a hotel. 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 Teaming with Your Community to Make a Difference | www.WC-3.com 22

SHERWIN WILLIAMS MIXED USE DEVELOPMENT
Location: Emeryville, CA Year : 2016 - Ongoing
This project entails 10 acres of project site, divided into five parcels, to accommodate 500 rental residential units, office space, retail/ restaurant and gallery, meeting space in four new buildings, combining 86,000 square feet. WC3 administered complete building plan review services and is assisting with building inspection services as well.

Charles Bryant | ( 510) 596-4361 | cbryant@emeryville. org

NEIGHBORHOODS AT THE BOULEVARD
Location: Dublin, CA Year : 2017 - Ongoing
The Neighborhoods at the Boulevard project is a one of kind community comprised of 10 different neighborhoods that include town-homes, single-family detached homes, penthouses and flats.

WC3 performed complete plan review of various structures and facilities within the project.

Gregory Shreeve, Sr., CBO, CASp | ( 925) 833-6620
gregory. shreeve@dublin. ca.gov
References ( Continued)
1409 EL CAMINO REAL
Location: Redwood City, CA Year : 2017 - Ongoing
1409 El Camino Real consists of three underground garage levels and eight stories above grade. Constructed as entirely Type I- A, the building sprawls across 71,500 square feet, with a total 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 Teaming with Your Community to Make a Difference | www.WC-3.com 23 Rate and Service Structure
Teaming with Your Community to Make a Difference | www.WC-3.com 24 Rate and Service Structure
WC3 Proposed Fee Schedule
Additional notes and details included on the subsequent page.

PLAN REVIEW SERVICES FIXED FEE / CONTRACT RATES
Comprehensive Residential Plan Review 65% of Plan Review Fees Collected by the City Comprehensive Commercial Plan Review 65% of Plan Review Fees Collected by the City Residential Structural Only Plan Review 45% of Plan Review Fees Collected by the City Commercial Structural Only Plan Review 45% of Plan Review Fees Collected by the City Revisions / Deferred Submittals, RFIs / ASIs, Etc. As Per Hourly Rates Below Minimum Plan Review Fee $ 290 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Contract Rates
Electronic Plan Review / Auto Coordination No Additional Cost

BUILDING DEPARTMENT SERVICES HOURLY RATES
Chief Building Official $ 160.00 / Hour
Senior Client/ Project Manager $ 150.00 / Hour
CASp Plan Reviewer / Inspector $ 150.00 / Hour
Plan Review Structural Engineer ( Registered SE)$ 150.00 / Hour Plan Review Engineer ( Registered PE / FPE)$ 145.00 / Hour ICC Certified Building / Fire Plan Reviewer $ 135.00 / Hour ICC Certified Senior Building Inspector $ 145.00 / Hour ICC Certified Building Inspector III $ 140.00 / Hour
ICC Certified Building Inspector II ( Commercial)$ 135.00 / Hour ICC Certified Building Inspector I ( Residential)$ 125.00 / Hour ICC Certified Permit Technician $ 85.00 / Hour
Administrative / Counter Support $ 85.00 / Hour
Expedited Plan Review 150% of Hourly Rates

MISCELLANEOUS SERVICES HOURLY RATES
Reimbursable Expenses At Cost + 10%
Courier/ Delivery Expenses No Additional Cost
Mileage Expenses Hourly Rate + IRS Standard Rate
WC3 proposes the following fees based on a percentage of the plan review fees collected by the City of Cupertino.

A listing of hourly rates additionally depicts fees proposed for all personnel assigned to this project.

Teaming with Your Community to Make a Difference | www.WC-3.com 25 Rate and Service Structure ( Continued)
Plan Review Services - Plan check services include an initial review, second review and minor third review ( if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City.

Preliminary, Revisions and Deferred Submittals - Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals, etc. will be completed on an hourly basis with a minimum charge of 2-hours and a mutually acceptable not-to-exceed amount.

Expedited Plan Review - Expedited plan review may be accommodated upon request with 24 hours' notice. This service will be accommodated for both percentage based and fixed fee/ contract rate packages, as well as for hourly rate contracts and services.

Electronic Plan Review - Electronic plan review services will be performed for percentage- based plan review services facilitated off-site at WC3 office locations, as well for hourly plan review projects associated 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.

Teaming with Your Community to Make a Difference | www.WC-3.com 26 Appendix - Resumes
Giyan Senaratne, PE, SE, LEED AP 27
Donald Zhao, PE, MCP, CBO 28
Todd Snider, PE, SE, CBO 29
Chris Kimball, PE, SE, MCP, CBO 30
Saeed Amirazizi, SE, CBO, CASp 31
Toby Johnson, PE 32
Order of Resumes:
27 28
29 30
31 32
Exhibit B
Insurance Requirements for Professional/ Specialized Services Agreement 1 Version: Jan. 2022
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees 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
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.

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

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

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 11 of 24
b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
employees", " volunteer workers",
any partner or member ( if you are
a partnership or joint venture), or
any member ( if you are a limited
liability company).
b. Real Estate Manager
Any person ( other than your " employee" or
volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
1)" Bodily injury" or " property damage"
that occurred; or
2)" Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a." Bodily injury" to a co-"employee" of the
person driving the equipment; or
b." Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a." Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b." Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person( s) or organization( s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Policy #
57SBWBO3190
57SBWBO3190

BUSINESS LIABILITY COVERAGE FORM

Page 12 of 24 ends

contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F.– Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization( s) (referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of " your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
products- completed operations hazard".
1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
a)" Bodily injury" or " property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
b) Any express warranty
unauthorized by you;
c) Any physical or chemical change
in the product made intentionally
by the vendor;
d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor' s premises in
connection with the sale of the
product;
g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
h)" Bodily injury" or " property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in
Subparagraphs ( d) or (f); or
ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", " property damage" or
personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Policy #
57SBWBO3190
57SBWBO3190

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 13 of 24
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a) Any " occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
1) Any architect, engineer, or surveyor, but
only with respect to liability for " bodily
injury", " property damage" or " personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
a) In connection with your premises;
or
b) In the performance of your
ongoing operations performed by
you or on your behalf.
2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
bodily injury", " property damage" or
personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.
e. Permits Issued By State Or Political
Subdivisions
1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
a)" Bodily injury", " property damage"
or " personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
b)" Bodily injury" or "property damage"
included within the " 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

BUSINESS LIABILITY COVERAGE FORM

Page 14 of 24 ends

a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D.– Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E.– Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing " suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of " bodily injury" and
property damage" included in the
products- completed operations hazard" is
the Products- Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other " bodily
injury", " property damage" or " personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your " locations"
owned by or rented to you.

Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to " property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all " bodily injury",
property damage" and medical expenses
arising out of any one " occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of " bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

Policy #
57SBWBO3190
57SBWBO3190

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 15 of 24
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or " suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured' s estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an " occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
1) How, when and where the "occurrence"
or offense took place;
2) The names and addresses of any
injured persons and witnesses; and
3) The nature and location of any injury
or damage arising out of the
occurrence" or offense.
b. Notice Of Claim
If a claim is made or " suit" is brought
against any insured, you or any additional
insured must:
1) Immediately record the specifics of the
claim or " suit" and the date received;
and
2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
2) Authorize us to obtain records and
other information;
3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured' s Other Insurance
If we cover a claim or " suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or " suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured' s own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
occurrence", offense, claim or " suit" is
known to:
1) You or any additional insured that is
an individual;
2) Any partner, if you or an additional
insured is a partnership;
3) Any manager, if you or an additional
insured is a limited liability company;
4) Any " executive officer" or insurance
manager, if you or an additional
insured is a corporation;
5) Any trustee, if you or an additional
insured is a trust; or
6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

Policy #
57SBWBO3190
57SBWBO3190

BUSINESS LIABILITY COVERAGE FORM

Page 16 of 24 ends

This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for " bodily injury"
liability and " property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to " mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a " suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant' s legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations
are accurate and complete;
2) Those statements are based upon
representations you made to us; and
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage,
Builder' s Risk, Installation Risk or
similar coverage for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, " autos" or watercraft to
the extent not subject to Exclusion g. of
Section A.– Coverages.
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of " property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A.–
Coverages.

Policy #
57SBWBO3190
57SBWBO3190

BUSINESS LIABILITY COVERAGE FORM
Form SS 00 08 04 05 Page 17 of 24
6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured' s own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs ( a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that " suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured' s
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and 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

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:
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 03 12 5of ISO Properties, Inc., with its permission.) Page 1 of 57UEGBC6531
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)(and 4) 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.
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 03 12 5of ISO Properties, Inc., with its permission.) Page 2 of 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
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 03 12 5of ISO Properties, Inc., with its permission.) Page 3 of 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:
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 03 12 5of ISO Properties, Inc., with its permission.) Page 4 of 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,"
2011, The Hartford ( Includes copyrighted material
Form HA 99 16 03 12 5of ISO Properties, Inc., with its permission.) Page 5 of 57WEGAR9X7K 04/28/
2022 West Coast Code Consultants,
Inc.San Ramon, CA
94583 925)275-
1700 04/28/
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
04/28/2022
West Coast Code Consultants, Inc.

San Ramon, CA 94583
925) 275- 1700
04/28/2023

Cupertino City CouncilNovember 1, 2022

Cupertino City Council
November 1, 2022