Loading...
15-181 Agreement, M-Group for Planning Consultant Services for the Vallco Shopping District Planning AreaAGREEMENT BETWEEN THE CITY OF CUPERTINO AND M-GROUP FOR PLANNING CONSULTANT SERVICES FOR THE VALLCO SHOPPING DISTRICT PLANNING AREA THIS AGREEMENT, is entered into this 7th day of October, 2015, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and M-Group, a California Corporation whose address is 579 Clyde A venue, Suite 340, Mountain View, California 94043 (hereinafter referred to as "Consultant") (collectively referred to as the "Parties"). RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for planning consultant services for the Vallco Shopping District Planning Area upon the terms and conditions herein. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on October 7th, 2015, and shall terminate on June 30, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service set forth in Exhibit "A" pursuant to the schedule of performance set forth in Exhibit "A/' attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed THREE HUNDRED SEVEN THOUSAND, TWO HUNDRED NINETY dollars ($307,290.00) based on the rates Page 1of12 M-Group Vall co Contract -10/7 /15 and terms set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA) Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Consultant agrees that it shall not harass or discriminate against a job applicant, Page 2 of12 M-Group Vall co Contract -10/7 /15 a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS IZl Standard Indemnification: Consultant shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 10. INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "B". Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "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, Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Page 3of12 M-Group Vallco Contract -10/7 /15 B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. Failure to secure or maintain insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. 11. CONFLICT OF INTEREST Page 4of12 M-Group Vallee Contract -10/7 /15 Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance ofthis Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of Page 5of12 M-Group Vall co Contract -10/7 /15 the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. 14. PERMITS AND LICENSES Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as City deems appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to Page 6of12 M-Group Vallco Contract -10/7/15 any individual or organization by Consultant without prior approval by City. 16. RECORDS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NONAPPROPRIATION This Agreement is subject to the fiscal prov1s10ns of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 18. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and Page 7of12 M-Group Vall co Contract -10/7 /15 recycled/remanufactured toner and ink jet cartridges; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 19. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Aarti Shrivastava, Assistant City Manager TO CONSULTANT: M-Group 579 Clyde A venue, Suite 340 Mountain View, CA 94043 Attention: Geoff I. Bradley, Principal Project Manager 20. TERMINATION In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. Page 8of12 M-Group Vallco Contract -10/7 /15 City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination, Consultant shall immediately deliver to the City any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of City. 21. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 22. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California. 23. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER . A waiver by City of _any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 25. INTEGRATED CONTRACT This Agreement represei:-ts the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Page 9of12 M-Group Vall co Contract -10/7 /15 agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 27. INSERTED PROVISIONS Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT :~ Title l/(:5'. Date I~~ =r,/u /5" M-Group Vallco Contract -10/7/15 CITY OF CUPERTINO AM By----1---=-=-~--.---''--~~~~- Title v------':::......:...J-;-~_._____.,:....:.t:_~~~~ IZl Over $175,000-Council Approval Required (10/6/15) D Over $45,000-Department Head Approval Required D Up to $45,000-Designated Supervisor Approval Required RECOMMENDED FOR APPROVAL ~,d;~ Aarti Shrivastava, Asst City Manager Page 10 of12 APPROVED AS TO FORM: ~~ Carol Korade, City Attorney ~ ATTEST: ~ ~ ,Jl-; - Grace Schmidt City Clerk (W L 2--[lJ Exhibit: IZl Exhibit "A" -Scope of Services IZl Exhibit "B" -Insurance Requirements and Proof of Insurance EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT PO #2016-g·~ Acct: 100-71-702 900-939 $307,290.00 Total: $307,290.00 Page 11 of12 M-Group Vall co Contract -10/7 /15 Exhibit A a new design on urban planning m-group.us Submitted by M·GROUP 579 Clyde Avenue Suite 340 Mountain View, CA 94043 w G R 0 U P G R 0 IJ P page left blank INTRODUCTION M-Group is pleased to offer this scope of work to provide project management, planning and development review for the proposed The Hills at Vallco project in Cupertino, California. The 50+ acre project site is located ideally in the center of Silicon Valley on both sides of Wolfe Road north of Stevens Creek Boulevard and south of Interstate 280. The applicant, Sand Hill Property Company proposes a complete redevelopment of the site. The project proposes removal of the existing 1.2 million square foot Vall co Mall and replacing it with new mixed-use construction as follows: • Two million square feet of Class A office space • 625,000 square feet of Retail/Restaurant/Recreation space • 800 Residential units (680 market rate apartments, 80 affordable apartments and 40 Senior units) • Over 9,000 above and below ground parking spaces An interconnected grid of streets would provide a new pedestrian-oriented shopping, living and working environment, effectively creating a new downtown for Cupertino. A major component of the project is a 30+ acre green roof to serve as a new community open space and park. The attached scope of work describes the tasks necessary to complete a successful development review of a project of this size, scope and complexity. Our experience providing planning services for numerous projects high profile projects throughout the Bay Area allows us to provide superior service and project management for the City. Please do not hesitate to contact us if you have any questions regarding this proposed scope of work or if there is any additional information you need. Thank you for contacting us, and we look forward to working with you on this project. SCOPE OF WORK FOR PLANNING CONSULTANT SERVICES This proposal is for Planning Consultant Services for an application the City has received for The Hills at Vallco located within the City's Vallco Shopping District Special Area. In addition to the proposed project, the project applicant will also be submitting a Specific Plan for the Special Area. The following M-Group staff has been selected to work on this project: a. Geoff I. Bradley, AICP, Principal -Project Manager b. Sheldon Ah Sing, AICP, Senior Planner -Assistant Project Manager c. Blaze Syka, Associate Planner -Graphics and Support Jill G R 0 U P THE HILLS AT VALLCO -SCOPE OF WORK FOR PLANNING CONSULTING SERVICES• 3 lll G R 0 U P Substitutions to the staff on the project team will not be made without prior review and approval of city staff. The Principal on the project team will serve as the Project Manager, and will be the day-to-day contact for the project. As long as the Principal is affiliated with the M-Group, he shall serve as the Primary Project Manager unless authorized to be substituted by the City. M-Group will ensure that all commitments made to the City are completed on schedule and within budget. All M-Group work will be billed on an hourly basis payable by the City within 30 days. With every invoice, the M-Group will indicate either on the invoice, or as a separate attachment, the percentage of work completed and the percentage of the total budget invoiced. It is anticipated that the services will be needed through December 2016. The total cost of providing these services is estimated to be $307,290. The scope of work and budget for planning consultant services include the following tasks as described below. No costs of travel will be charged toward the project. TASK 1 I PROJECT MANAGEMENT AND COORDINATION Project management includes the coordination of information via telephone, in-person meetings and e-mail correspondence between the applicant or applicant's representatives, city staff, outside consultants, other city departments, outside agencies and M-Group. M-Group will provide pro-active management of the project processing to ensure that all the issues and information is known to the appropriate parties. This ensures completion of critical milestones so that the project stays close to schedule. M-Group staff will be highly responsive during the entire project entitlement process. The M-Group staff will provide services to ensure close coordination with other city departments, outside consultants and outside agencies involved in review of the project. In addition to the internal city departments this includes: • Santa Clara County Fire Department • Santa Clara County Sheriff's Office • Cupertino Sanitary District • California Water Service • Pacific Gas & Electric • Recology (Garbage Collection) In addition to project management, under direction from staff, the M-Group will perform other tasks as assigned, which may include responding to inquiries and/or attendance at large-format meetings. TASK 2 I MEETINGS WIT!-! CITY STAFF AND APPLICANT TEAM M-Group staff will be available for all necessary meetings with city staff and/or the applicant team. This task assumes a regular weekly team meeting of 3-4 hours as well as other meetings as needed. As a locally based firm, M-Group staff will be available for meetings at the project site, City Hall or elsewhere as needed. 4 • a new design on urban planning• m-group.us TASK 3 I SITE VISITS During the course of review of the project, the M-Group project team will visit the site, take photographs to document existing conditions of the project area and the surrounding area. Special attention will be paid to significant trees, traffic patterns and transitions to the surrounding uses. Other site visits may be required as necessary and/or as directed by city staff. TASK 4 I COMPLETENESS REVIEW The project submittal will be reviewed for completeness in accordance with Federal, State and local laws, regulations and policies. The evaluation will include review of consistency of the proposed Specific Plan and project plans with the General Plan and Zoning regulations and other relevant policy documents. A written comment letter, upon review by city staff, will be sent to the applicant. Upon receipt of subsequent submittals by the applicant, M-Group staff will review the project's revisions and responses to comments addressed in the initial and any subsequent comment letters. Additional written comment letters will be sent to the applicant, upon review by city staff, as needed. Comments and any communication needed to be sent to the applicant will be provided to city staff within 20 days of receipt of plans or on a mutually agreeable schedule. TASK 5 I REVIEW PLANS AND RESEARCH Detailed plan review will be provided to ensure a high level of familiarity with the proposed project as well as the surrounding area and to ensure compliance with General Plan, zoning requirements and other policy documents. As-needed research services will be provided by the M-Group staff to gather information on project issues, challenges and solutions. As the project includes innovative features not typically provided, such as the extensive green roof, M-Group staff will carefully evaluate them in order to provide appropriate analysis. TASK 6 I PREPARE STAFF REPORTS, RESOLUTIONS, AND ORDINANCES M-Group staff will prepare all staff reports and necessary exhibits as well as draft resolutions and ordinances for the Environmental Review Committee Planning Commission and City Council following the City's format and schedule. M-Group has extensive experience preparing reports of this type and will coordinate closely with City staff. These will be revised and finalized by the M-Group staff upon review of city staff. Jill GR 0 U P THE HILLS AT VALLCO -SCOPE OF WORK FOR PLANNING CONSULTING SERVICES• 5 w GR 0 U P TASK 7 I COORDINATE EIR PREPARATION The M-Group project team will work closely with the EIR consultant to ensure a smooth and efficient flow of information. Our work on large development projects includes providing EIR management to ensure that the EIR process is completed in a timely fashion consistent with state law (CEQA). Close coordination between the EIR consultant, the M-Group, the legal team and city staff is required to ensure timely preparation and release of a legally adequate EIR. The M-Group project team will coordinate distribution and review of administrative drafts and screen check versions of the Draft EIR, Response to comments and any subsequent supplemental memos and addenda prepared through final entitlement of the project. M-Group will also participate in review of the EIR, Notice of Preparation (NOP), Notice of Completion (NOC), Notice of Availability (NOA) and other required environmental documents and notices prior to filing/publication. Finally, the M-Group will also coordinate distribution of the NOP, NOA and Draft EIR with city staff. TASK 8 I PUBLIC NOTICE PREPARATION AND REVIEW The M-Group project team will prepare public notices for city staff review prior to publication deadlines. These will include standard legal notices as well as any needed mailings such as post cards, flyers or display ads. Transmittal of the public notices for publication and/or distribution will be completed by city staff. TASK 9 I PREPARE PRESENTATIONS The M-Group project team will prepare and finalize, upon review of city staff, PowerPoint presentations including graphics, maps or other figures, as necessary for Community Meetings, Planning Commission and City Council meetings. Our visual presentations are designed to be easy to understand and engaging. TASK 10 I MEETING ATTENDANCE AND PREPARATION The M-Group project team will prepare for and/or present the project at meetings including Study Sessions and Public Hearings with Planning Commission and City Council, upon staff direction. Presentations will be tailored to provide relevant and useful information for both the public at large and the decision making bodies. Significant issues will be highlighted as well as areas of controversy. Our presentation will be clear, concise and easily understood by both the public and the decision makers. TASK 11 I ORGANIZE FILES AND PROJECT CLOSE OUT In addition, on-going file management ensures proper record keeping will be maintained. Project files will be organized both electronically and paper copies and provided to the City. 6 • a new design on urban planning• m-group.us The Hills at Vallco Geoff I. Bradley, AICP Task l~&ll!ltr~11&11fli'1ifmil~ Principal $225 Hours Cost 1.0 Project Management & Coard. 240 $54,000 60 $8,400 2.0 Mtgs. with Staff & Applicant 190 $42,750 75 $10,500 3.0 Site Visits 20 $4,500 10 $1,400 4.0 Completeness Review 40 $9,000 20 $2,800 5.0 Review Plans & Research 60 $13,500 30 $4,200 6.0 Prepare Staff Reports/Resolutions/Ord. 120 $27,000 40 $5,600 7.0 Coard. EIR Preparation 90 $20,250 20 $2,800 8.0 Public Notice Preparation & Review 30 $6,750 20 $2,800 9.0 Prepare Presentations 30 $6,750 16 $2,240 10.0 Meeting Attendance & Preparation 110 $24,750 55 $7,700 11.0 Organize Files/Close Out 10 $2,250 4 $560 Average Hours per Week over 52 week period 18.1 6.7 1 2 Percentage of hours per staff 65% 24% NOTES Due to the nature of the development review process, some reassignment of hours will be necessary, subject to city approval. Cost Proposal is for a Time & Materials with a Not to Exceed Amount without Prior Authorization Contract. M-GROUP Project Planning Cost Estimate BlazeSyka Associate Planner Hours $115 Cost 20 $2,300 0 $0 10 $1,150 0 $0 10 $1,150 • 20 $2,300 0 $0 20 $2,300 40 $4;600 30 $3,450 10 3.1 11% GR 0 UP """''""''"""""' ........... ..,,.._.,.,., 320 265 40 60 100 180 110 70 86 195 24 Printing& Mailing Cost 10% contingency _,,.,,.,.~,,.... $64,700 $53,250 $7,050 $11,800 $18,850 $34,900 $23,050 $11,850 $13,590 $35,900 $3,960 $500 $27,890 September 25, 2015 Exhibit B Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence Professional Liability Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000.