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CC Resolution No. 24-029 Approving Budget Modification #2324-335 for Developing Residential and Mixed-Use Residential Design StandardsRESOLUTION NO.24-029 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A FIRST AMENDMENT WITH PLACEWORKS AND APPROVING BUDGET MODIFICATION #2324-335 FOR DEVELOPING RESIDENTIAL AND MIXED -USE RESIDENTIAL DESIGN STANDARDS FOR THE FISCAL YEAR 2020-21 WORK PROGRAM WHEREAS, on March 31, 2020, the Council approved Residential and Mixed -Use Residential Design Standards as a Work Program item for the FY 20- 21 and authorized $200,000 from the FY 20-21 General Fund for project consultant, environmental review, and outreach with the project objective to create objective design standards for residential and mixed -use residential projects; and WHEREAS, on April 6, 2021, the City authorized the City Manager to enter into a contract with RRM Design Group for preparation of Residential and Mixed - Use Design Standards; and WHEREAS, in October 2023, the staff decided to terminate the existing contract with RRM due to shifting priorities and how far behind schedule the project had fallen; and WHEREAS, staff is recommending that the Council award the City's existing Housing Element consultant, Placeworks, a contract amendment to prepare the Residential and Mixed -Use Residential Design Standards Work Program item for the FY 20-21; and WHEREAS, staff is recommending that Council authorize the City Manager to execute the first amendment to the existing agreement with Placeworks to provide services to the City for the preparation of residential and mixed -use design standards for the Council's consideration, for an amount not to exceed $164,520; and WHEREAS, staff is requesting Budget Modification #2324-335 to transfer the existing appropriations in 100-71-702 750-090 into 100-71-702 750-101 and to increase project appropriations in 100-71-702 750-101 by $20,000 for the FY 24-25; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby 1. Authorize the City Manager to execute a first amendment to the existing consultant agreement with P1aceWorks to prepare the Residential and Mixed- Resolution No. 24-029 Page 2 Use Residential Objective Design Standards, increasing the contract amount by $164,520 for a new total not -to -exceed contract amount of $1,261,277; 2. Find that there are valid reasons to waive the competitive procurement procedures for selection of Placeworks; 3. Approve Budget Modification #2324-335 to: a. Transfer existing appropriations in Special Projects CWP Residential/Mixed-Use Design GL 100-71-702 750-090 to Special Project CWP RHNA and GP update GL 100-71-702 750-101 b. Increase the appropriations in Special Projects CWP RHNA and GP update GL 100-71-702 750-101 by $20,000 for the Residential and Mixed -Use Residential Design Standards, all necessary environmental review and incidentals for the fiscal year 2023-24 BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, "CEQA") because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action of amending the existing agreement and the budget modification would have no or only a de minimis effect on the environment because there are no physical improvements or development proposed with these actions. The foregoing determination is made by the City Council in its independent judgment. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 3rd day of April, 2024, by the following vote: Members of the City Council AYES: Mohan, Fruen, Chao, Moore, Wei NOES: None ABSENT: None ABSTAIN: None Resolution No. 24-029 Page 3 SIGNED: 04/16/2024 Sheila Mohan, Mayor Date City of Cupertino ATTEST: -�-�--- 04/16/2024 Kirsten Squarcia, City Clerk Date 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 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 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO "va0411& U/u By Title City Manager Date May 17, 2024 APPROVED AS TO FORM Christopher D.-ransen City Attorney ATTEST: City Clerk Date May 17, 2024 EXPENDITURE DISTRIBUTION PLACEWORKS, INC By Title Principal Date Apr 17, 2024 Item PO Number Amount Base - $1,096,757.0( 1 It Amendment $164,520.0( Total $1,261,277.0( 3 EXHIBITA-1 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. Task A. 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 Task B. 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) PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS ■■■ CITY OF CUPERTINO • 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) Task C. 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 2 000 Proposed Scope FEBRUARY 2024 Task D. 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 Task E. 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 Task F. 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 PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS ■■ .3 CITY OF CUPERTINO Task G. 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 Task H. 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 Task I. 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. 4 000 Proposed Scope FEBRUARY 2024 Task H deliverables Planning Commission materials and summary Council materials Final Objective Design Standards PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS ■■ Jr CITY OF CUPERTINO EXHIBIT C-1 PlaceWorks City of Cupertino Objective Design Guidelines for Housing Development COST PROPOSAL PLACEWC-"" Greg Bruce Erina Erika Spence Charlie Knox Goodfellow Brubaker Sara Sutton Shimanuki Lindstrom Koehler Principal -In- Project Design Landscape Urban Landscape GRAPHICS/ 2%Markup Charge Manager Advisor Advisor Designer Associate Designer EDITING Task for Office PROJECTTASKS Hourly Rate $275 $220 $265 $250 $155 $185 $155 $140 Hours Expenses A Project Kick -Off and Management 16 40 8 16 4 84 $360 B Document Review and Issue Identification 4 24 4 4 24 8 8 76 $298 C Community Meetings 4 12 14 14 6 50 $189 D Stakeholder Engagement 8 16 16 16 56 $223 E Planning Commission and City Council Study Sessions 16 16 16 48 $218 F Administrative Draft Standards 16 48 2 2 56 56 56 16 252 $919 H City Staff Survey 6 12 8 6 2 34 $138 1 Public Draft Standards 16 24 2 2 40 40 24 16 164 $605 J Hearings and Final Standards 16 16 8 8 8 8 64 $260 Total Hours 1 102 208 8 8 174 180 106 42 828 Travel Task Total EXHIBIT B-1 Tasks Time April 2024 -June 2024 -August 2024 October 2024 A Project Kick -Off and Management ongoing B. Document Review and Issue Identification 3 weeks C. Community Meeting 5-.,k. MEN D. ■■■■■ ��®8■�■■■■■■■■■■■■■■■■■■■■■ E. Planning Commission dCity Council Study Sessions 5w..k. ■■■■■■■■■MMM� ■■■■■■■■■■■■■■■■■ DraftF. Administrative . MM■M■■■■.W�M■F_ ME ■■■E■■■■■M■■ City Staff Survey 3 weeks DraftG. H. Public ■■■■■■ 1. Hearings and Final Standards 4-..k. ■■■■■■■■■■■■■■■■■■■■■■■■■ ■ Legend PlaceWorks Team City Review Period - Public Review Period Public Hearing/Meeting A�� "® CERTIFICATE OF LIABILITY INSURANCE ATE D06/29/2023DIYvvv) 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). PRODUCER CONTACT NAME: Marsh Risk & Insurance Services PHO17901 Von Karman Avenue, Suite 1100(A/C.FAX Ext : A/C No), E-MAIL ADDRESS: (949) 399-5800; License #0437153 Irvine, CA 92614 Attn: NewportBeach.CertRequest@marsh.com/F: 212-948-4323 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Crum & Forster Specialty Insurance Cc 44520 CN115158923-01-01-23-24 INSURED PlaceWorks, Inc INSURER B : Travelers Property Casualty Co. Of America 25674 3 MacArthur Place, Suite 1100 INSURER C : INSURER D : Santa Ana, CA 92707 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-002212059-29 REVISION NUMBER: 3 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X EPK144434 07/01/2023 07/01/2024 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE � OCCUR DAMAGE TO PREMISES(Ea oNTEcur ence)$ 50,000 X MED EXP (Any one person) $ 5,000 BI & PD Ded. $5,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY ❑ PRO- P ❑ LOC X PRODUCTS - COMP/OP AGG $ 5,000,000 Contractors Pollution $ 5,000,000 OTHER: B AUTOMOBILE LIABILITY X X BA1N96406A2343G 07/01/2023 07/01/2024 (CEO MBINEDINGLELIMIT accidentS $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Comp/Coll Deductibles $ 1,000 UMBRELLA LIAB X OCCUR EX6J3287562343 07/01/2023 07/01/2024 EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) N/A UB7K7286762343G 07/01/2023 07/01/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Errors & Omissions -Claims Made EPK144434 07/01/2023 07/01/2024 Each Claim/Aggregate 5,000,000 Retro Dates: See 2nd Page DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 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. 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 Liability. Waiver of subrogation is applicable where required by written contract with respect to General and Auto Liability. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Toree Ave. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino, CA 95014 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r�j,�'_ . / /Ra of p n " vwi /GtdGUll(2CC �FX(lCCPd @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy# BA1 N96406A2343G - Effective 07/01/2023 COMMERCIAL AUTO Fn THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov. ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or ranted by your "employee" under a contract in an "employee's" name, with your CA T3 53 8215 02015TheTravelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permisslon. 002088 Policv# BA1N96406A2343G - Effective 07/01/2023 COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set - tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II - COVERED AUTOS tions. LIABILITY COVERAGE: (h) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (�) We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS -INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.%(2), "suit". of SECTION II - COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which lions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish these sured" pays with our consent, but only bonds. up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II - COVERED AUTOS LIABIL- SECTION II - COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- cause with our consent for your investiga- of time off from work. lion of such claims and your defense of the "insured" against any such F. HIRED AUTO - LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE -INDEMNITY BASIS within the limit describecl in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph 8.7., Polley Period, Coverage Territory, SECTION II - COVERED AUTOS of SECTION IV - BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make (5) Anywhere in the world, except any country or such payments ends when we have jurisdiction while any trade sanction, am- bargo, used up the applicable limit of or similar regulation imposed by the United insurance in payments for damages, States of America applies to and pro- hibits the settlements or defense expenses. transaction of business with or within such (b) This insurance is excess over any valid country or jurisdiction, for Cov- Bred Autos and collectible other insurance available Liability Coverage for any covered "auto" that to the "insured" whether primary, excess, you lease, hire, rent or borrow without a driver contingent or on any other basis. for a period of 30 days or less and H1at is not "auto" (c) This insurance is not a substitute for re - an you lease, hire, rent or borrow from quired or compulsory insurance in any any of your employees , partners (if you are a country outside the United States, its ter- partnership), members (if you are a limited ritories and possessions, Puerto Rico and liability company) or members of their Canada. households. Page 2 of 4 ® 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Indudas copyrighted material of Insurance Services Office, Jnc. with Its permission. Policy# BA1N96406A2343G - Effective 07/01/2023 COMMERCIAL AUTO You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT r The following replaces the last sentence of Para- graph A.4.b., Lass Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of ----- $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportatlon Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of 111 o* $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A4., Cover- age Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for 'loss'to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered 'auto'. This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV- BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership): (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph AS., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by ae2mr CA T3 53 0215 Policy# BA1N96406A2343G - Effective 07/01/2023 COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional om1 ss1 on of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph 8.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION N- BUSINESS AUTO CONDITIONS: Page 4 of 4 02015 The Travelers Indemnity Company. All rights reserved. CA T3 53 8215 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Policy EPK-144434 Effective 7/11203-7/112024 C R UM&FORSTER' 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 Name Of Addltlonal Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III -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 Pagel of1 Policy EPK-144434 Effective 7/1/203 — 7/1/2024 FAIRFAX THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON --CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under thefollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART CON1'RACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Where Required byWritten Contract A. SECTION III - 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 solely with respect to "claims" caused in whole or in part, by "your wort- for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named Insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated In the Schedule shown above because of payments we make for "damages" arising out of "your worts" performed under a designated project or contract with thatperson(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN011"11 Page 1 of 1 WORXEM COWENSATION TRAVELERS] AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC"A3 76 ( A) - 001 POLICY UB-7K72867623-48-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORN (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 2. oo % of the California workers' compensation pre- mium. Schedule Person orOrganlzadon Job Description ANY PERSON OR ORGANJ;ZATIO FOR WHICH THE INSURED RAS AGREED BY WRITTEN CONTRACT EBECUTIro PRIOR TO LOSS TO FURNJ:SH TRIS WAIVER. 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.) Endorsement Effective Insured Insurance Company Policy No. Endorsement No. Premium DATE OF ISSUE:07/01/2021 ST ASSIGN: Pagel oft EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts 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. h 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. h 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. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 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. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts Form Updated Jan. 2022 General Plan Update Final Audit Report 2024-05-17 Created: 2024-04-17 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAASyc6oMxtVEbx5zF8hmrh069NISAyR-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 OQ 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 C, 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 1 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 Powered by Adobe �[ N4 Acrobat Sign 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 Powered by Adobe Acrobat Sign