The URL can be used to link to this page

23-015 Amendment #1 dated 10-5-23 M-Group1 FIRST AMENDMENT TO AGREEMENT 2023-015 BETWEEN THE CITY OF CUPERTINO AND M-GROUP FOR PLANNING STAFFING SUPPORT This First Amendment to Agreement 2023-015 between the City of Cupertino and M-GROUP is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and M-GROUP, a Corporation (“Contractor”) whose address is 51 E Campbell Ave #1247, Campbell, CA 95009, and is made with reference to the following: RECITALS: A. On March 2, 2023 Agreement 2023-015 (“Agreement”) was entered into by and between City and Contractor for Planning Staffing Support. B. 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 2 of the Agreement is modified to read as follows: SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. In performing the scope of services, consultant shall pay the City $100 per month for the use of laptops, monitors, and headphones. Such payment can be applied to consultant’s invoice to the City as a credit. 2. Paragraph 4 of the Agreement is modified to read as follows: COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $159,200 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C-1, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual cost exceeds the capped amount. No extra work or payment is permitted without prior written approval of City. 2 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable. completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 3. Exhibit C to the Agreement is replaced with Exhibit C-1, attached hereto. 4. 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 M-GROUP By Title Date Principal + President Oct 5, 2023 Christopher D. Jensen Director of Community Development Oct 5, 2023 Oct 5, 2023 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2023-456 $109,200 1st Amendment $50,000 Total $159,200 m-group a new design on urban planning policy planning  urban design  environmental review  historic preservation  community engagement  staffing solutions m-group.us 51 E Campbell Ave #1247, Campbell, CA 95009 408.340.5642 September 22, 2023 Piu Ghosh Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Via email piug@cupertino.org RE: Budget amendment #1: Assistant Planner, Temporary Staffing Assignment Dear Piu Ghosh: Thank you for the opportunity to present this budget amendment for continued planning assistance. We understand the City of Cupertino seeks the continued support of Assistant Planners. The total budget for this assignment was originally not to exceed $109,200 for an Assistant Planner 40 hours per week. This proposal would amend the total budget not to exceed $159,200 under the existing contract which expires June 30, 2024. If you have any questions or need additional information, please do not hesitate to contact me. Upon your approval, please provide your contract for my signature. Sincerely, GEOFF I. BRADLEY, AICP President + Principal gbradley@m-group.us 408.340.5642 x102 Attachments: Scope & Budget Exhibit C-1 m-group a new design on urban planning policy planning  urban design  environmental review  historic preservation  community engagement  staffing solutions m-group.us 51 E Campbell Ave #1247, Campbell, CA 95009 408.340.5642 SCOPE M-Group will provide the City of Cupertino with two Assistant Planners to serve the Planning Division with the following tasks. • Provide public counter staffing • Respond to zoning and general plan inquiries from the public, developers and applicants • Review development plans for additions and remodels for zoning clearance as assigned • Process applications for tree removal, business license, home occupation permit and temporary signs as assigned • Review Administrative & non-Administrative Design Review applications as assigned • Review Use Permit and Variance applications as assigned • Attend and present projects at Planning Commission meetings as assigned ORIGINAL BUDGET & AMENDMENT #1 M-Group will provide staffing services in accordance with the Scope outlined above with the following terms. Original Proposal Jelani Mora Assistant Planner Samuel Flumann Assistant Planner Hours Per Week 24 16 Rate Per Hour $105 $105 Contract Duration: Not to exceed 6 months 26 weeks 26 weeks Subtotal $65,520 $43,680 Total Contract Not To Exceed: $109,200 Amendment #1 (Sept. 2023): $50,000 New Total Contract Not To Exceed: $159,200 Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/14/2023 License # 0I96531 (650) 567-3944 24082 Metropolitan Planning Group DBA M-Group 51 E. Campbell Avenue, #1247 Campbell, CA 95009 35378 10346 26522 A 2,000,000 X BKS56609535 4/9/2023 4/9/2024 500,000 15,000 2,000,000 4,000,000 4,000,000 1,000,000A BAS56609535 4/9/2023 4/9/2024 2,000,000B EZXS3111838 4/9/2023 4/9/2024 2,000,000 C EIG523488900 4/9/2023 4/9/2024 1,000,000 Y 1,000,000 1,000,000 D Professional E&O PT2000323E 4/9/2023 Per Claim 3,000,000 City, its City Council, boards and commissions, officers, employees and volunteers are named as an additional insured under all insurance coverages. Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail. City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 METRPLA-01 ELIHARO GS Insurance Solutions, Inc. 5201 Great America Parkway Suite 320 Santa Clara, CA 95054 Elizabeth Haro eli@gsisol.com Ohio Security Insurance Company Evanston Insurance Company Employers Preferred Insurance Company Mount Vernon Fire Insurance Company X 4/9/2024 X X X X X X X Policy: BKS56609535 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective Policy No. Endorsement No.Issued to Premium By: Carrier Code (Ed. 4-84) Authorized Representative Countersigned at on at 12:01 AM standard time, forms a part of Of the WC 04 03 06 © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Schedule Person or Organization Job Description WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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 _____% of the California workers' compensation premium otherwise due on such remuneration. With respect to all employees subject to the workers'compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2 This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation 04/09/2023 EIG 5234889 00 METROPOLITAN PLANNING GROUP $12,802 00920 EMPLOYERS PREFERRED INS. CO. 1st Amendment Final Audit Report 2023-10-05 Created:2023-10-05 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAO0chU7q9i0bRntBEkTuvh5_nr414ibvZ "1st Amendment" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-10-05 - 0:39:46 AM GMT- IP address: 108.204.1.114 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-10-05 - 0:41:29 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-10-05 - 4:17:41 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to geoff bradley (gbradley@m-group.us) for signature 2023-10-05 - 4:17:43 PM GMT Email viewed by geoff bradley (gbradley@m-group.us) 2023-10-05 - 6:34:44 PM GMT- IP address: 76.126.115.242 Document e-signed by geoff bradley (gbradley@m-group.us) Signature Date: 2023-10-05 - 6:46:02 PM GMT - Time Source: server- IP address: 76.126.115.242 Document emailed to christopherj@cupertino.org for signature 2023-10-05 - 6:46:04 PM GMT Email viewed by christopherj@cupertino.org 2023-10-05 - 6:48:08 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-10-05 - 6:48:38 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-10-05 - 6:48:40 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2023-10-05 - 6:48:42 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2023-10-05 - 7:28:29 PM GMT- IP address: 104.47.73.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2023-10-05 - 7:29:30 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-10-05 - 7:29:32 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-10-05 - 7:51:24 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-10-05 - 7:51:38 PM GMT - Time Source: server- IP address: 67.188.176.248 Agreement completed. 2023-10-05 - 7:51:38 PM GMT