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 PlaceWorks 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:
________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
04/16/2024
04/16/2024
1
FIRST AMENDMENT TO AGREEMENT 674 BETWEEN
THE CITY OF CUPERTINO AND PLACEWORKS, INC
FOR GENERAL PLAN UPDATE
This First Amendment to Agreement 674 between the City of Cupertino and PLACEWORKS,
INC is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and
PLACEWORKS, INC, a Corporation (“Contractor”) whose address is 3 MACARTHUR PL STE 1100,
SANTA ANA, CA 92707, and is made with reference to the following:
RECITALS:
A. On March 09, 2023 Agreement 674 (“Agreement”) was entered into by and between
City and Contractor for General Plan Update.
B. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 2 of the Agreement is modified to read as follows:
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in
detail in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor
further agrees to carry out its work in compliance with any applicable local, State, or
Federal order regarding COVID-19.
2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto.
3. Paragraph 3 of the Agreement is modified to read as follows:
3.1 This Agreement begins on the Effective Date and ends on June 30, 2025 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by June 30, 2025. The City’s appropriate department
head or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated herein as Exhibit B-1.
4. Paragraph 4 of the Agreement is modified to read as follows:
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
1,261,277 (Contract Price), based upon the scope of services in Exhibit A-1 and the budget and
rates included in Exhibit C-1 Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
2
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
5. Exhibit C to the Agreement is replaced with Exhibit C-1, attached hereto.
6. Except as expressly modified herein, all other terms and covenants set forth in the Agreement
shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
3
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
PLACEWORKS, INC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base - $1,096,757.00
1st Amendment $164,520.00
Total $1,261,277.00
Principal
Apr 17, 2024
Christopher D. Jensen
Pamela Wu
City Manager
May 17, 2024
May 17, 2024
PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS 1
CITY OF CUPERTINO
PLACEWORKS PROPOSED SCOPE
FOR CUPERTINO OBJECTIVE DESIGN
STANDARDS
This document describes the scope of services to be completed by PlaceWorks to produce
Objective Design Standards for the City of Cupertino. We are flexible regarding the tasks
and recognize that it may be necessary to alter the scope as the project progresses per
your direction to ensure the successful completion of the project.
Project Kick-Off and Management
PlaceWorks will prepare for and attend a virtual kick-off meeting with City staff to initiate
the Objective Design Standards project. Agenda items will include:
Project goals, expectations, and process
Review scope, schedule, and budget
Confirm management and communication protocols
This task also covers ongoing project management responsibilities, including regular and
collaborative discussions with Planning staff, internal team coordination, invoice review
and submittal, budget tracking, organizing meetings, tracking project progress, project
scheduling, and identifying forthcoming issues and deadlines.
Task A deliverables
Summary notes from all PlaceWorks/City staff meetings
Document Review and Issue Identification
The PlaceWorks team will evaluate existing City design guidelines and other relevant City
documents to fully understand the City’s approach to multifamily and mixed-use housing
design. We will record design themes and priorities in order to capture Cupertino’s design
approach to the highest degree possible. We will review and assess each of the following:
City staff summary of issues, including townhome and mixed-use development
Cupertino General Plan
Cupertino Municipal Code, Title 19 – Zoning
Specific Plans
Heart of the City (2014)
South Vallco (2008)
Monte Vista (1978, including Design Guidelines)
Concept Plans
South Vallco Connectivity (2014)
South De Anza Boulevard (1985)
EXHIBIT A-1
2 Proposed Scope FEBRUARY 2024
South Saratoga Sunnyvale Road (1981)
North De Anza Boulevard (1976)
Any potential conflicts between these documents and objective design standards will be
recorded in an Issue Identification Memo and then addressed in Task F, Administrative
Draft Standards. City staff will provide comments on a draft of the memo, and then a
final version will be produced.
In addition, PlaceWorks will facilitate a discussion with City staff to establish needs and
potential approaches to developing landscape design standards. We will discuss:
the extent of detail desired by the City;
the type of information to be included; and
target areas.
Task B deliverables
Draft and Final Issue Identification Memo (including a summary of the need
for objective design standards)
Community Meeting
PlaceWorks will work with City staff to host a public community meeting for the Objective
Design Standards project. The meeting will consist of an in-person open house and a 2-
hour online complement.
The goals of the public meeting will be to educate community members about objective
design standards and the project, and to solicit input on multifamily housing and mixed-
use design preferences. To accomplish this, the meeting is proposed as follows:
ODS Overview. PlaceWorks, working with City staff, will provide an overview of the
project and present background and goals of Objective Design Standards for the
City.
ODS Insights and Process. We will build from public input obtained to date through
the 6th Cycle Housing Element update and use examples of built projects to highlight:
definitions and examples of objective standards;
the connection between objective standards and State housing law;
the objective standards development process; and
that objective standards can both ensure compliance with recent legislation
and produce high quality design and amenities.
Potential approaches to the open house include asking participants to rank existing
development projects to collect quantifiable feedback regarding overall aesthetic
and specific design components, and/or separating design preference discussions
by target areas of the City.
PlaceWorks will prepare noticing materials, meeting presentation, and content for the
meeting, as well as a summary of community input. We will work with City staff to identify
translation and logistical needs and plan for translation of materials and live translation, as
needed. We will also set up and launch the online complements.
Task C deliverables
Draft and final materials and summary memo for the community meeting
PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS 3
CITY OF CUPERTINO
Stakeholder Engagement
PlaceWorks will work with City staff to facilitate two 2-hour virtual meetings with two sets
of interest groups potentially impacted by objective multifamily design standards and the
effects on housing review and approval. PlaceWorks assumes that City staff will select the
list of developers and stakeholders to reach out to. PlaceWorks will help prepare meeting
materials, assist in the conversations, and capture discussion points in notes. Potential
stakeholders could include:
Local Developers and Housing Advocates. Following City staff approval, PlaceWorks
will assist in engaging the local development community in a conversation about
potential impacts to housing project feasibility and implementation. We will record
concerns, relevant experiences, and specific examples of project implementation
following adoption of objective standards.
Designers and Architects. Following City staff approval, PlaceWorks will assist in
engaging local architects and designers to assess concerns and collect input
regarding the relationship of objective standards and design feasibility.
Task D deliverables
Draft and final materials and summary memos for stakeholder meetings
Planning Commission and City Council Study Sessions
PlaceWorks will work with City staff to facilitate Planning Commission and City Council
Study Sessions in which we present the major themes, opportunities, and critical issues
resulting from community input to date. We will present a series of potential approaches
for discussion and solicit feedback and direction from City officials. This feedback will be
integrated into Task F, Administrative Draft Standards.
Task E deliverables
Draft and final Commission and Council Study Session meeting materials and
summaries
Administrative Draft Standards
The PlaceWorks team will produce Administrative Draft Objective Design Standards for
multifamily and mixed-use development and landscape design, including explanatory
narratives, conceptual diagrams, elevations, plans, sections, axonometric views, and other
illustration formats that will best communicate the standards for users and City
development reviewers.
We will submit the Administrative Draft Objective Design Standards to City staff and will
incorporate one round of consolidated comments after review is complete.
Task F deliverables
Draft Standards Outline
Administrative Draft Citywide Objective Design Standards
4 Proposed Scope FEBRUARY 2024
City Staff Survey
PlaceWorks will develop an electronic survey of City staff to be paired with the
Administrative Draft Standards. The survey will be used to assess how well the draft
standards integrate into existing city regulations and the functionality of the standards. We
will work with the City to identify recipients across multiple departments, including:
Planning
Building
Housing
Code Enforcement
Public Works
Environmental Services
The survey will be concise and targeted, with questions regarding, but not limited to:
The value of introductory and background information
The clarity of the ministerial design review process
Identification of important design topics that aren’t covered by the
standards
Identification of standards that conflict, or are redundant with, other city
regulations.
Task G deliverables
Draft e-survey
Final e-survey
Survey summary memo and recommended draft ODS revisions
Public Draft Standards
PlaceWorks will incorporate City comments and revisions to the Administrative Draft
document and results of the staff survey to produce the Public Draft Objective Design
Standards. This draft will be made available for review by the Cupertino community prior
to the Planning Commission and City Council review.
Task G deliverable
Public Drafts of Objective and Landscape Design Standards
Hearings and Final Standards
PlaceWorks staff will attend a Planning Commission meeting to present the Public Draft
Objective Design Standards and solicit feedback and direction for finalizing the Standards.
PlaceWorks will prepare a presentation of the shift from subjective to objective Standards
for a series of major design components. We will develop other meeting materials and
submit a Summary Memo of feedback received.
PlaceWorks will incorporate Planning Commission direction into Final Objective and
Landscape Design Standards and present those to the City Council and identify and seek
Council approval for any actions needed to achieve consistency with Title 19 of the
municipal code and/or the General Plan. The PlaceWorks team will then make any Council-
directed changes necessary to publish the final adopted Objective Design Standards.
PLACEWORKS PROPOSED SCOPE FOR OBJECTIVE DESIGN STANDARDS 5
CITY OF CUPERTINO
Task H deliverables
Planning Commission materials and summary
Council materials
Final Objective Design Standards
PlaceWorks
City of Cupertino Objective Design Guidelines for Housing Development
COST PROPOSAL
Charlie Knox Greg
Goodfellow
Bruce
Brubaker Sara Sutton Erina
Shimanuki
Erika
Lindstrom
Spence
Koehler
Principal-In-
Charge
Project
Manager
Design
Advisor
Landscape
Advisor
Urban
Designer Associate Landscape
Designer
GRAPHICS /
EDITING
Hourly Rate $275 $220 $265 $250 $155 $185 $155 $140
PROJECT TASKS
A Project Kick-Off and Management 16 40 8 16 4 84 $360 $18,380
B Document Review and Issue Identification 4 24 4 4 24 8 8 76 $298 $15,178
C Community Meetings 4 12 14 14 6 50 $189 $9,619
D Stakeholder Engagement 8 16 16 16 56 $223 $11,383
E Planning Commission and City Council Study Sessions 16 16 16 48 $218 $11,098
F Administrative Draft Standards 16 48 2 2 56 56 56 16 252 $919 $46,869
H City Staff Survey 6 12 8 6 2 34 $138 $7,058
I Public Draft Standards 16 24 2 2 40 40 24 16 164 $605 $30,875
J Hearings and Final Standards 16 16 8 8 8 8 64 $260 $13,260
Total Hours 102 208 8 8 174 180 106 42 828
Total $28,050 $45,760 $2,120 $2,000 $26,970 $33,300 $16,430 $5,880 $3,210 $163,720
EXPENSES
Travel $800
GRAND TOTAL $164,520
PLACEWORKS
Task
Hours Task Total
2% Markup
for Office
Expenses
EXHIBIT C-1
April 2024 May 2024 June 2024 July 2024 August 2024 September 2024 October 2024 November2024TasksTime
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
A. Project Kick-Off and Management ongoing
B. Document Review and Issue Identification 3 weeks
C. Community Meeting 5 weeks *
D. Stakeholder Engagement 5 weeks * *
E. Planning Commission and City Council Study Sessions 5 weeks * *
F. Administrative Draft Standards 12 weeks
G. City Staff Survey 3 weeks
H. Public Draft Standards 4 weeks
I. Hearings and Final Standards 4 weeks * *
Legend
PlaceWorks Team
City Review Period
Public Review Period
Public Hearing/Meeting *
EXHIBIT B-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E-MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOSONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)
POLICY EXP(
MM/DD/YYYY)
POLICYEFFPOLICYNUMBERTYPEOFINSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP (Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
B
5,000,000
EPK144434
5,000,000
LOS-002212059-29
1,000,000
4,000,000
X
25674
4,000,000
Irvine, CA 92614
N
X
Comp/Coll Deductibles
BI & PD Ded. $5,000
07/01/2023
3
07/01/2024
07/01/2023
07/01/2024
BA1N96406A2343G
Errors & Omissions-Claims Made
B
5,000,000
5,000,000
Travelers Property Casualty Co. Of America
1,000,000
X
A
X
Liability. Waiver of subrogation is applicable where required by written contract with respect to General and Auto Liability.
1,000
X
06/29/2023
07/01/2023
5,000,000
Re: IS/MND Cupertino CA
The City of Cupertino, its city council, boards and commissioners, officers, employees, and volunteers are included as additional insured where required by written contract with respect to General and Auto Liability.
X
Contractors Pollution
Cupertino, CA 95014
City of Cupertino
This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General
X
A
CN115158923-01-01-23-24
Each Claim/Aggregate
5,000
07/01/2024
1,000,000
EX6J3287562343
Retro Dates: See 2nd Page
5,000,000
44520
50,000
1,000,000
07/01/2024
UB7K7286762343G
17901 Von Karman Avenue, Suite 1100
Marsh Risk & Insurance Services
X
949) 399-5800; License #0437153
Attn: NewportBeach.CertRequest@marsh.com/F: 212-948-4323
3 MacArthur Place, Suite 1100
PlaceWorks, Inc
Santa Ana, CA 92707
EPK144434
07/01/2023
10300 Toree Ave.
X
X
07/01/2023
B X
07/01/2024
Crum & Forster Specialty Insurance Co
X
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy EPK-144434 Effective 7/1/203- 7/1/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLV.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
ame Of Addltlonal Insured Person{s) or Organlzatlon(s)
Slanket when specifically requiredin a writtencon1ract withthe namedinsured.
SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability
caused, in whole or in part, by •your worku for that insured which is perfonned by youorby those acting on your
behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0111-0211 Page 1 of1
Policy EPK-144434 Effective 7/1/203 - 7/1/2024
pan of tileFAIRE.Ugtoup
THIS ENDORSEMENT .CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON--CONTRlBUTORY ADDITIONAL
INSURED WITH WAIVER OF SUBROGATION
This endorsement modifiesinsurance provided under 1he following:
COMMERCIAL GENERALLIABILITY COVERAGE PART
CON1 'RACTORS POLUJT"ION LIABILITYCOVERAGE PA.RT
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTYPOLLUTION LIABILITYCOVERAGE PA,RT
SCHEDULE
Name of Additional Insured Person(slor Oraanlzallonfs)
Where Required byWritten Contract
A. SECTION Ill - WHO IS AN INSURED within the C:ommon Provisions is amended to include asanadditionalinsuredtheperson(s) or organization{s) indicated in the Schedule shown above, butsolelywithrespectto "claims" caused in whole or in part, by ''your work· for that person or organizafion performedbyyou, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but onlyin the event ofa: named lnsur:ed'ssolenegligence.
B. We waive any right of recovery wemayhave against the person(s) ororganization{s) indicated IntheScheduleshownabovebecauseofpaymentswemakefor "damages" arising out of "your work" perfoonedunderadesignatedprojectorcontractwiththatperson(s) ororganizatlon(s ).
C. ThisEndorsementdc:>esnot reinstateor increase th Limitsof Insurance applle.ableto any "claim" lo which
the coverage afforded by this Endorsementapplies.
ALL OTHER TERMS AND CONDmONS OF THEPOLICY REMAIN UNCHANGED.
EN0118-0211 Page 1 of 1
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Jan. 2022
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written
on a claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Jan. 2022
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
General Plan Update
Final Audit Report 2024-05-17
Created:2024-04-17
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAASyc6oMxtVEbx5zF8hmrh069NlSAyR-m6
General Plan Update" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-04-17 - 9:38:35 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2024-04-17 - 9:42:47 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-04-18 - 0:33:10 AM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to Charlie Knox (cknox@placeworks.com) for signature
2024-04-18 - 0:33:11 AM GMT
Email viewed by Charlie Knox (cknox@placeworks.com)
2024-04-18 - 0:34:31 AM GMT- IP address: 23.93.97.71
Document e-signed by Charlie Knox (cknox@placeworks.com)
Signature Date: 2024-04-18 - 1:34:30 AM GMT - Time Source: server- IP address: 23.93.97.71
Document emailed to christopherj@cupertino.org for signature
2024-04-18 - 1:34:32 AM GMT
Email viewed by christopherj@cupertino.org
2024-04-18 - 2:10:02 AM GMT- IP address: 174.194.197.252
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-04-18 - 2:10:26 AM GMT- IP address: 174.194.197.252
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-04-18 - 2:10:28 AM GMT - Time Source: server- IP address: 174.194.197.252
Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature
2024-04-18 - 2:10:30 AM GMT
Email viewed by Benjamin Fu (benjaminf@cupertino.org)
2024-04-18 - 3:46:47 AM GMT- IP address: 172.226.212.22
Webmaster Admin (webmaster@cupertino.org) replaced signer Benjamin Fu (benjaminf@cupertino.org) with
pamelaw@cupertino.gov
2024-04-18 - 7:10:58 PM GMT- IP address: 35.229.54.2
Document emailed to pamelaw@cupertino.gov for signature
2024-04-18 - 7:10:58 PM GMT
Email viewed by pamelaw@cupertino.gov
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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