21-244 Amendment #2 dated 7-20-23 CDBG-CV and CDBG Services1
SECOND AMENDMENT TO AGREEMENT 21-244
BETWEEN THE CITY OF CUPERTINO AND
MICHAEL BAKER INTERNATIONAL, INC.,
FOR CDBG-CV AND CDBG SERVICES
This Second Amendment to Agreement 21-244 between the City of Cupertino and Michael
Baker International, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter
"City") and Michael Baker International, Inc., a corporation (“Consultant”) whose address is P.O. Box
515714, Los Angeles, CA 90051-5195, and is made with reference to the following:
RECITALS:
A. The City and Consultant entered into an Agreement for CDBG-CV and CDBG services
(“Original Agreement”) effective November 5, 2021, with a term expiring on June 30,2022.
B. The City and the Consultant entered into a First Amended and Restated Agreement for CDBG-
CV and CDBG services (“First Amendment”) effective August 8, 2022, with a term expiring
on June 30,2023.
C. The Original Agreement and First Amendment are collectively referred to as the “Agreement”
unless otherwise indicated.
D. City and Consultant desire to continue Consultant’s services to the City under the Agreement,
and thereby affirm their intent that it remain in full force and effect as amended and restated by
this Second Amendment.
E. 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 3.1 of the Agreement is modified to read as follows:
TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30, 2024 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on
effective date and shall be completed by June 30, 2024. 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 here Exhibit B-2.
2. Exhibit B-2, attached hereto, is added to the Agreement.
2
3. Paragraph 4 of the Agreement is modified to read as follows:
COMPENSATION
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 $88,540 (“Contract Price”), based upon the scope of services in Exhibit A 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
in permitted without prior written approval of City.
4. Exhibit C-1, attached hereto, is added to the Agreement.
5. 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.
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
MICHAEL BAKER INTERNATIONAL, INC.
By
Title
Date
William M. Hoose
Vice President
Jul 20, 2023
Christopher D. Jensen
Director Community Development
Jul 20, 2023
Jul 20, 2023
3
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Base 2022-294 $60,000
1st Amendment $0
2nd Amendment $28,540
Total $88,540
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173
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June 6, 2023
Attn: Alec Vybiral, Assistant Housing Planner
Office of Community Development
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
RE: Proposal for CDBG Administrative Services
Dear Mr. Vybiral,
Michael Baker International (Michael Baker) is pleased to submit this proposal to provide HUD Administrative
Services for the City using HUD entitlement administrative funds. Michael Baker intends to work with the
City to provide technical assistance, environmental review records, and review of planning documents.
Michael Baker has established sound practices and standard procedures to maintain a high level of accuracy
and productivity in HUD document reporting. Our staff possesses over 30 years of HUD document creation,
and IDIS input and reporting. Further, our staff regularly attends workshops and training sponsored by the
Department of Housing and Urban Development and the State to remain current with changing regulations,
principles, and procedures. Michael Baker staff members are well qualified to provide the services being
requested by the City of Cupertino based on their educational background, career training, and work
experience.
The Scope of Services is as follows:
1.Technical Assistance
2.Environmental Review Records for FY 2023-24 CDBG
Activities
3.Planning Document Reviews
a.CAPER
b.FY 2024-25 AAP/ Project Eligibility and Plan Review
4.Subrecipient Monitoring
Fees
Michael Baker is proposing to provide the services requested by the city on an hourly basis, for not-to-exceed
fees. The hourly rates for the personnel to be assigned to the City of Cupertino are as follows:
Staff Member Hourly Rate
Tina Roseberry, Client Advisor $162
Brent Schleck, Environmental Manager $150
Clary Colon-Peralta, Project Manager $130
Christopher Rabasco, Planning Associate $85
Exhibit
C-1
3760 Kilroy Airport Way, Suite 270 • Long Beach, CA 90806 • (562) 200-7173
2 | P a g e
The hourly rates quoted above are fully burdened and include salaries, benefits, insurance, and other office
overhead costs. Invoices presented to the city will contain an itemized description of the work performed
and the date and amount for each charge. Charges will be itemized by task and identified as eligible under
grant administration.
Estimated “Not-To-Exceed” Fees:
CDBG Administration Services – City of Cupertino
Task Estimated Cost
1.Technical Assistance $8,760
2.Environmental Review Records for FY 2023-24 CDBG Activities $7,500
3.Planning Document Reviews
a.CAPER $3,770
b.FY 2024-25 AAP/Project Eligibility $3,770
4.Subrecipient Monitoring $5,550
Total $28,540
Michael Baker’s assistance with the Cupertino Grant Administration Services would be performed, and not-
to-exceed fees indicated above. This proposal will remain valid for a period of 90 days hereafter. If
accepted, the term or time of performance will end June 30, 2024. This proposal has been signed by
individuals authorized to represent and bind Michael Baker, and we are unaware of any conflict of interest
in Michael Baker performing the work requested by the city.
We believe that the services being offered by Michael Baker will fulfill the City’s needs in an efficient, task-
oriented, and cost-effective manner. We sincerely appreciate the opportunity to submit this proposal and
look forward to continuing to assist the City of Cupertino. If you have any questions regarding this
proposal, please contact Tina Roseberry, at 484-655-4276, or tina.roseberry@mbakerintl.com.
Sincerely,
William Hoose, AICP
Vice President
Exhibit
B-2
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.
CDBG-CV and CDBG Services_2nd
amendment
Final Audit Report 2023-07-20
Created:2023-07-12
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAwnKHvlUkPd-kGvKrWQ6ZziYdnX9WsIvH
"CDBG-CV and CDBG Services_2nd amendment" History
Document created by City of Cupertino (webmaster@cupertino.org)
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Agreement completed.
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