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23-017 Amendment #1 dated 5-17-24 Placeworks for General Plan Update
1 FIRST AMENDMENT TO AGREEMENT 674 BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS, INC FOR GENERAL PLAN UPDATE This First Amendment to Agreement 674 between the City of Cupertino and PLACEWORKS, INC is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and PLACEWORKS, INC, a Corporation (“Contractor”) whose address is 3 MACARTHUR PL STE 1100, SANTA ANA, CA 92707, and is made with reference to the following: RECITALS: A. On March 09, 2023 Agreement 674 (“Agreement”) was entered into by and between City and Contractor for General Plan Update. 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: 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-1. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto. 3. Paragraph 3 of the Agreement is modified to read as follows: 3.1 This Agreement begins on the Effective Date and ends on June 30, 2025 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2025. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated herein as Exhibit B-1. 4. Paragraph 4 of the Agreement is modified to read as follows: 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 $1,261,277 (Contract Price), based upon the scope of services in Exhibit A-1 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 2 Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 5. Exhibit C to the Agreement is replaced with Exhibit C-1, attached hereto. 6. 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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 3 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 PLACEWORKS, INC By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base - $1,096,757.00 1st Amendment $164,520.00 Total $1,261,277.00 Principal Apr 17, 2024 Christopher D. Jensen Pamela Wu City Manager May 17, 2024 May 17, 2024 PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS 1 CITY OF CUPERTINO PLACEWORKS PROPOSED SCOPE FOR CUPERTINO OBJECTIVE DESIGN STANDARDS This document describes the scope of services to be completed by PlaceWorks to produce Objective Design Standards for the City of Cupertino. We are flexible regarding the tasks and recognize that it may be necessary to alter the scope as the project progresses per your direction to ensure the successful completion of the project. Project Kick-Off and Management PlaceWorks will prepare for and attend a virtual kick-off meeting with City staff to initiate the Objective Design Standards project. Agenda items will include: Project goals, expectations, and process Review scope, schedule, and budget Confirm management and communication protocols This task also covers ongoing project management responsibilities, including regular and collaborative discussions with Planning staff, internal team coordination, invoice review and submittal, budget tracking, organizing meetings, tracking project progress, project scheduling, and identifying forthcoming issues and deadlines. Task A deliverables •Summary notes from all PlaceWorks/City staff meetings Document Review and Issue Identification The PlaceWorks team will evaluate existing City design guidelines and other relevant City documents to fully understand the City’s approach to multifamily and mixed-use housing design. We will record design themes and priorities in order to capture Cupertino’s design approach to the highest degree possible. We will review and assess each of the following: City staff summary of issues, including townhome and mixed-use development Cupertino General Plan Cupertino Municipal Code, Title 19 – Zoning Specific Plans •Heart of the City (2014) •South Vallco (2008) •Monte Vista (1978, including Design Guidelines) Concept Plans •South Vallco Connectivity (2014) •South De Anza Boulevard (1985) EXHIBIT A-1 2 Proposed Scope FEBRUARY 2024 •South Saratoga Sunnyvale Road (1981) •North De Anza Boulevard (1976) Any potential conflicts between these documents and objective design standards will be recorded in an Issue Identification Memo and then addressed in Task F, Administrative Draft Standards. City staff will provide comments on a draft of the memo, and then a final version will be produced. In addition, PlaceWorks will facilitate a discussion with City staff to establish needs and potential approaches to developing landscape design standards. We will discuss: •the extent of detail desired by the City; •the type of information to be included; and •target areas. Task B deliverables •Draft and Final Issue Identification Memo (including a summary of the need for objective design standards) Community Meeting PlaceWorks will work with City staff to host a public community meeting for the Objective Design Standards project. The meeting will consist of an in-person open house and a 2- hour online complement. The goals of the public meeting will be to educate community members about objective design standards and the project, and to solicit input on multifamily housing and mixed- use design preferences. To accomplish this, the meeting is proposed as follows: ODS Overview. PlaceWorks, working with City staff, will provide an overview of the project and present background and goals of Objective Design Standards for the City. ODS Insights and Process. We will build from public input obtained to date through the 6th Cycle Housing Element update and use examples of built projects to highlight: •definitions and examples of objective standards; •the connection between objective standards and State housing law; •the objective standards development process; and •that objective standards can both ensure compliance with recent legislation and produce high quality design and amenities. Potential approaches to the open house include asking participants to rank existing development projects to collect quantifiable feedback regarding overall aesthetic and specific design components, and/or separating design preference discussions by target areas of the City. PlaceWorks will prepare noticing materials, meeting presentation, and content for the meeting, as well as a summary of community input. We will work with City staff to identify translation and logistical needs and plan for translation of materials and live translation, as needed. We will also set up and launch the online complements. Task C deliverables •Draft and final materials and summary memo for the community meeting PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS 3 CITY OF CUPERTINO Stakeholder Engagement PlaceWorks will work with City staff to facilitate two 2-hour virtual meetings with two sets of interest groups potentially impacted by objective multifamily design standards and the effects on housing review and approval. PlaceWorks assumes that City staff will select the list of developers and stakeholders to reach out to. PlaceWorks will help prepare meeting materials, assist in the conversations, and capture discussion points in notes. Potential stakeholders could include: Local Developers and Housing Advocates. Following City staff approval, PlaceWorks will assist in engaging the local development community in a conversation about potential impacts to housing project feasibility and implementation. We will record concerns, relevant experiences, and specific examples of project implementation following adoption of objective standards. Designers and Architects. Following City staff approval, PlaceWorks will assist in engaging local architects and designers to assess concerns and collect input regarding the relationship of objective standards and design feasibility. Task D deliverables •Draft and final materials and summary memos for stakeholder meetings Planning Commission and City Council Study Sessions PlaceWorks will work with City staff to facilitate Planning Commission and City Council Study Sessions in which we present the major themes, opportunities, and critical issues resulting from community input to date. We will present a series of potential approaches for discussion and solicit feedback and direction from City officials. This feedback will be integrated into Task F, Administrative Draft Standards. Task E deliverables •Draft and final Commission and Council Study Session meeting materials and summaries Administrative Draft Standards The PlaceWorks team will produce Administrative Draft Objective Design Standards for multifamily and mixed-use development and landscape design, including explanatory narratives, conceptual diagrams, elevations, plans, sections, axonometric views, and other illustration formats that will best communicate the standards for users and City development reviewers. We will submit the Administrative Draft Objective Design Standards to City staff and will incorporate one round of consolidated comments after review is complete. Task F deliverables •Draft Standards Outline •Administrative Draft Citywide Objective Design Standards 4 Proposed Scope FEBRUARY 2024 City Staff Survey PlaceWorks will develop an electronic survey of City staff to be paired with the Administrative Draft Standards. The survey will be used to assess how well the draft standards integrate into existing city regulations and the functionality of the standards. We will work with the City to identify recipients across multiple departments, including: •Planning •Building •Housing •Code Enforcement •Public Works •Environmental Services The survey will be concise and targeted, with questions regarding, but not limited to: •The value of introductory and background information •The clarity of the ministerial design review process •Identification of important design topics that aren’t covered by the standards •Identification of standards that conflict, or are redundant with, other city regulations. Task G deliverables •Draft e-survey •Final e-survey •Survey summary memo and recommended draft ODS revisions Public Draft Standards PlaceWorks will incorporate City comments and revisions to the Administrative Draft document and results of the staff survey to produce the Public Draft Objective Design Standards. This draft will be made available for review by the Cupertino community prior to the Planning Commission and City Council review. Task G deliverable •Public Drafts of Objective and Landscape Design Standards Hearings and Final Standards PlaceWorks staff will attend a Planning Commission meeting to present the Public Draft Objective Design Standards and solicit feedback and direction for finalizing the Standards. PlaceWorks will prepare a presentation of the shift from subjective to objective Standards for a series of major design components. We will develop other meeting materials and submit a Summary Memo of feedback received. PlaceWorks will incorporate Planning Commission direction into Final Objective and Landscape Design Standards and present those to the City Council and identify and seek Council approval for any actions needed to achieve consistency with Title 19 of the municipal code and/or the General Plan. The PlaceWorks team will then make any Council- directed changes necessary to publish the final adopted Objective Design Standards. PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS 5 CITY OF CUPERTINO Task H deliverables •Planning Commission materials and summary •Council materials •Final Objective Design Standards PlaceWorks City of Cupertino Objective Design Guidelines for Housing Development COST PROPOSAL Charlie Knox Greg Goodfellow Bruce Brubaker Sara Sutton Erina Shimanuki Erika Lindstrom Spence Koehler Principal-In- Charge Project Manager Design Advisor Landscape Advisor Urban Designer Associate Landscape Designer GRAPHICS / EDITING Hourly Rate $275 $220 $265 $250 $155 $185 $155 $140 PROJECT TASKS A Project Kick-Off and Management 16 40 8 16 4 84 $360 $18,380 B Document Review and Issue Identification 4 24 4 4 24 8 8 76 $298 $15,178 C Community Meetings 4 12 14 14 6 50 $189 $9,619 D Stakeholder Engagement 8 16 16 16 56 $223 $11,383 E Planning Commission and City Council Study Sessions 16 16 16 48 $218 $11,098 F Administrative Draft Standards 16 48 2 2 56 56 56 16 252 $919 $46,869 H City Staff Survey 6 12 8 6 2 34 $138 $7,058 I Public Draft Standards 16 24 2 2 40 40 24 16 164 $605 $30,875 J Hearings and Final Standards 16 16 8 8 8 8 64 $260 $13,260 Total Hours 102 208 8 8 174 180 106 42 828 Total $28,050 $45,760 $2,120 $2,000 $26,970 $33,300 $16,430 $5,880 $3,210 $163,720 EXPENSES Travel $800 GRAND TOTAL $164,520 PLACEWORKS Task Hours Task Total 2% Markup for Office Expenses EXHIBIT C-1 April 2024 May 2024 June 2024 July 2024 August 2024 September 2024 October 2024 November 2024TasksTime Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A. Project Kick-Off and Management ongoing B. Document Review and Issue Identification 3 weeks C. Community Meeting 5 weeks * D. Stakeholder Engagement 5 weeks * * E. Planning Commission and City Council Study Sessions 5 weeks * * F. Administrative Draft Standards 12 weeks G. City Staff Survey 3 weeks H. Public Draft Standards 4 weeks I. Hearings and Final Standards 4 weeks * * Legend PlaceWorks Team City Review Period Public Review Period Public Hearing/Meeting * EXHIBIT B-1 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 REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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 PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 5,000,000 EPK144434 5,000,000 LOS-002212059-29 1,000,000 4,000,000 X 25674 4,000,000 Irvine, CA 92614 N X Comp/Coll Deductibles BI & PD Ded. $5,000 07/01/2023 3 07/01/2024 07/01/2023 07/01/2024 BA1N96406A2343G Errors & Omissions-Claims Made B 5,000,000 5,000,000 Travelers Property Casualty Co. Of America 1,000,000 X A X Liability. Waiver of subrogation is applicable where required by written contract with respect to General and Auto Liability. 1,000 X 06/29/2023 07/01/2023 5,000,000 Re: IS/MND Cupertino CA The City of Cupertino, its city council, boards and commissioners, officers, employees, and volunteers are included as additional insured where required by written contract with respect to General and Auto Liability. X Contractors Pollution Cupertino, CA 95014 City of Cupertino This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General X A CN115158923-01-01-23-24 Each Claim/Aggregate 5,000 07/01/2024 1,000,000 EX6J3287562343 Retro Dates: See 2nd Page 5,000,000 44520 50,000 1,000,000 07/01/2024 UB7K7286762343G 17901 Von Karman Avenue, Suite 1100 Marsh Risk & Insurance Services X (949) 399-5800; License #0437153 Attn: NewportBeach.CertRequest@marsh.com/F: 212-948-4323 3 MacArthur Place, Suite 1100 PlaceWorks, Inc Santa Ana, CA 92707 EPK144434 07/01/2023 10300 Toree Ave. X X 07/01/2023 B X 07/01/2024 Crum & Forster Specialty Insurance Co X Policy# BA1N96406A2343G - Effective 07/01/2023 Policy# BA1N96406A2343G - Effective 07/01/2023 Policy# BA1N96406A2343G - Effective 07/01/2023 Policy# BA1N96406A2343G - Effective 07/01/2023 Policy EPK-144434 Effective 7/1/203- 7/1/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLV. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE �ame Of Addltlonal Insured Person{s) or Organlzatlon(s) Slanket when specifically required in a written con1ract with the named insured. SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by •your worku for that insured which is perfonned by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of1 Policy EPK-144434 Effective 7/1/203 - 7/1/2024 ·· _' . pan of tile FAIRE.U gtoup THIS ENDORSEMENT .CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON--CONTRlBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under 1he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CON1 'RACTORS POLUJT"ION LIABILITY COVERAGE PA.RT ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PA,RT SCHEDULE Name of Additional Insured Person(sl or Oraanlzallonfs) Where Required byWritten Contract A. SECTION Ill - WHO IS AN INSURED within the C:ommon Provisions is amended to include as anadditional insured the person(s) or organization{s) indicated in the Schedule shown above, but solely withrespect to "claims" caused in whole or in part, by ''your work· for that person or organizafion performed byyou, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a: named lnsur:ed's solenegligence. B. We waive any right of recovery we may have against the person(s) or organization{s) indicated In theSchedule shown above because of payments we make for "damages" arising out of "your work" perfoonedunder a designated project or contract with that person(s) or organizatlon(s ). C. This Endorsement dc:>es not reinstate or increase th� Limits of Insurance applle.able to any "claim" lo which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDmONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 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. General Plan Update Final Audit Report 2024-05-17 Created:2024-04-17 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAASyc6oMxtVEbx5zF8hmrh069NlSAyR-m6 "General Plan Update" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-04-17 - 9:38:35 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-04-17 - 9:42:47 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-04-18 - 0:33:10 AM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Charlie Knox (cknox@placeworks.com) for signature 2024-04-18 - 0:33:11 AM GMT Email viewed by Charlie Knox (cknox@placeworks.com) 2024-04-18 - 0:34:31 AM GMT- IP address: 23.93.97.71 Document e-signed by Charlie Knox (cknox@placeworks.com) Signature Date: 2024-04-18 - 1:34:30 AM GMT - Time Source: server- IP address: 23.93.97.71 Document emailed to christopherj@cupertino.org for signature 2024-04-18 - 1:34:32 AM GMT Email viewed by christopherj@cupertino.org 2024-04-18 - 2:10:02 AM GMT- IP address: 174.194.197.252 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2024-04-18 - 2:10:26 AM GMT- IP address: 174.194.197.252 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-04-18 - 2:10:28 AM GMT - Time Source: server- IP address: 174.194.197.252 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2024-04-18 - 2:10:30 AM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2024-04-18 - 3:46:47 AM GMT- IP address: 172.226.212.22 Webmaster Admin (webmaster@cupertino.org) replaced signer Benjamin Fu (benjaminf@cupertino.org) with pamelaw@cupertino.gov 2024-04-18 - 7:10:58 PM GMT- IP address: 35.229.54.2 Document emailed to pamelaw@cupertino.gov for signature 2024-04-18 - 7:10:58 PM GMT Email viewed by pamelaw@cupertino.gov 2024-04-21 - 5:24:15 PM GMT- IP address: 172.226.36.2 Email viewed by pamelaw@cupertino.gov 2024-05-17 - 3:01:11 PM GMT- IP address: 104.47.74.126 Signer pamelaw@cupertino.gov entered name at signing as Pamela Wu 2024-05-17 - 6:59:43 PM GMT- IP address: 64.165.34.3 Document e-signed by Pamela Wu (pamelaw@cupertino.gov) Signature Date: 2024-05-17 - 6:59:46 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-05-17 - 6:59:47 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-05-17 - 7:01:54 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-05-17 - 7:02:10 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2024-05-17 - 7:02:10 PM GMT