Loading...
21-043 Amendment #2 dated 9-26-22 to Climate Action Plan Update Community Outreach and Technical Support1 SECOND AMENDMENT TO AGREEMENT 210 BETWEEN THE CITY OF CUPERTINO AND RINCON CONSULTANTS INC FOR CLIMATE ACTION PLAN UPDATE COMMUNITY OUTREACH AND TECHNICAL SUPPORT SERVICES This Second Amendment to Agreement 210 between the City of Cupertino and Rincon Consultants Inc is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Rincon Consultants Inc, a California “S” Corporation (“Contractor”) whose address is 180 N Ashwood Ave., Ventura, CA 93003, and is made with reference to the following: RECITALS: A. On April 15, 2021, Agreement 210 (“Agreement”) was entered into by and between City and Contractor for Climate Action Plan Update community outreach and technical support services. B. On January 18, 2022, City and Contractor agreed to the First Amendment to Agreement 210 for Climate Action Plan Update community outreach and technical support services. C. The Agreement and First Amendment are collectively referred to as the “Agreement” unless otherwise indicated. D. 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. Time of Performance. 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, 2023 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2023. 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.” 2. 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 2 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 RINCON CONSULTANTS INC By Title Date RINCON CONSULTANTS INC By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Contract Total 2021-462 100,000.00 Contract as Amended Total 2021-462 178,000.00 Erik Feldman Principal Sep 19, 2022 President Sep 26, 2022 Christopher D. Jensen City Manager Sep 26, 2022 Sep 26, 2022 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd Fl. CA License #0F15767 Los Angeles CA 90017 (213) 689-0065 Rincon Consultants, Inc. 180 N Ashwood Ave. Ventura CA 93003 RINCO01 Crum & Forster Specialty Insurance Co 44520 Hartford Fire Insurance Company 19682 Starstone National Insurance Company 25496 X X X SIR: $50,000 X P&I 3,000,000 100,000 10,000 3,000,000 4,000,000 4,000,000 X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX Comp./Coll. Ded 1,000 X X X 10,000 5,000,000 5,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 Contractors Pollution Liab E&O Liab. Limit: $3,000,000/$4,000,000 Limit: $3,000,000/$4,000,000 Retro Date: 12/9/1994 B 72UENOL5481 2/1/2022 2/1/2023 A EPK-133853 2/1/2021 2/1/2023 A EPK-133853 2/1/2021 2/1/2023 A EFX-119720 2/1/2022 2/1/2023 C T10220329 2/1/2022 2/1/2023 2/1/2023 1462718 Y N N N N N Y 1/27/2022 N N 17381551 17381551 XXXXXXX City of Cupertino 10300 Torre Avenue Cupertino CA 95014 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. See Attachments Policy Number: EPK-133853 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) of Covered Operations The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III – Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added: This insurance does not apply to “bodily injury” or “property damage” occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of “your work” out of which the “bodily injury” or “property damage” arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0351-0217 Page 1 of 1 Attachment Code: D575857 Certificate ID: 17381551 Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section III – Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of “your work” at the location designated and described in the Schedule above performed for that additional insured and included in the “products-completed operations hazard”. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0350-0217 Page 1 of 1 Policy Number: EPK-133853 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Attachment Code: D575858 Certificate ID: 17381551 Policy Number: EPK-133853 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 the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers 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 only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B.As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1.Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2.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 injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3.The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. 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. EN0147-1111 Page 1 of 1 Attachment Code: D583488 Certificate ID: 17381551 Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. 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 w hen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/1/2022 Policy No.T10220329 Endorsement No.23 Insured Rincon Consultants, Inc.Policy Effective Date 2/1/2022 Insurance Company StarStone National Insurance Company Countersigned By ______________________________________ WC 04 03 06 (Ed. 4-84) ©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be __*__% of the California workers’ compensation premium otherwise due on such remuneration. Schedule Attachment Code: D565978 Certificate ID: 17381551 2nd Amendment to Climate Action Plan Update Community Outreach and Technical Support Final Audit Report 2022-09-26 Created:2022-09-12 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAFu0iUfZvFAP4F-2x5kJT-m2bzpEJMZVW "2nd Amendment to Climate Action Plan Update Community Out reach and Technical Support" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-09-12 - 6:37:11 PM GMT- IP address: 35.229.54.2 Document emailed to Gilian Corral (GileeC@Cupertino.org) for approval 2022-09-12 - 6:43:28 PM GMT Email viewed by Gilian Corral (GileeC@Cupertino.org) 2022-09-12 - 6:47:19 PM GMT- IP address: 104.47.73.126 Document approved by Gilian Corral (GileeC@Cupertino.org) Approval Date: 2022-09-12 - 6:48:41 PM GMT - Time Source: server- IP address: 98.42.188.181 Document emailed to Andre Duurvoort (andred@cupertino.org) for approval 2022-09-12 - 6:48:44 PM GMT Email viewed by Andre Duurvoort (andred@cupertino.org) 2022-09-12 - 7:10:54 PM GMT- IP address: 104.47.73.254 Document approved by Andre Duurvoort (andred@cupertino.org) Approval Date: 2022-09-12 - 7:11:08 PM GMT - Time Source: server- IP address: 71.198.102.171 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-09-12 - 7:11:10 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-09-12 - 8:06:04 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to efeldman@rinconconsultants.com for signature 2022-09-12 - 8:06:08 PM GMT Email viewed by efeldman@rinconconsultants.com 2022-09-13 - 1:27:07 PM GMT- IP address: 104.28.85.120 New document URL requested by efeldman@rinconconsultants.com 2022-09-19 - 10:22:07 PM GMT- IP address: 76.90.98.83 Email viewed by efeldman@rinconconsultants.com 2022-09-19 - 10:22:22 PM GMT- IP address: 104.47.70.126 Signer efeldman@rinconconsultants.com entered name at signing as Erik Feldman 2022-09-19 - 10:24:34 PM GMT- IP address: 76.90.98.83 Document e-signed by Erik Feldman (efeldman@rinconconsultants.com) Signature Date: 2022-09-19 - 10:24:36 PM GMT - Time Source: server- IP address: 76.90.98.83 Document emailed to John Dreher (jdreher@rinconconsultants.com) for signature 2022-09-19 - 10:24:39 PM GMT Email viewed by John Dreher (jdreher@rinconconsultants.com) 2022-09-19 - 11:00:27 PM GMT- IP address: 172.226.7.12 Document e-signed by John Dreher (jdreher@rinconconsultants.com) Signature Date: 2022-09-26 - 6:31:19 PM GMT - Time Source: server- IP address: 107.185.52.12 Document emailed to christopherj@cupertino.org for signature 2022-09-26 - 6:31:22 PM GMT Email viewed by christopherj@cupertino.org 2022-09-26 - 6:58:19 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2022-09-26 - 7:01:02 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-09-26 - 7:01:04 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2022-09-26 - 7:01:06 PM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2022-09-26 - 7:53:04 PM GMT- IP address: 104.28.124.106 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2022-09-26 - 8:07:35 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-09-26 - 8:07:37 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-09-26 - 8:20:54 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-09-26 - 8:21:03 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2022-09-26 - 8:21:03 PM GMT