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CC 10-17-23 Item No. 7 Options for construction of a City Hall facility_Written CommunicationsCC 10-17-2023 Item #7 Options for construction of a City Hall facility Written Communications From:Kitty Moore To:City Clerk; Kirsten Squarcia Subject:Written Communications CC Agenda Item 7 20231017 Date:Monday, October 16, 2023 3:28:39 PM Attachments:City Hall Subcommittee Slides and Recommendation.pdf Dear City Clerk, Please include the attached for Written Communications Item 7. Thank you, Kitty Moore Kitty Moore Councilmember City Council Kmoore@cupertino.org (408)777-1389 Written Communications for February 21, 2023 Special City Council Agenda Item 1: City Hall Renovation •The City Hall Subcommittee assigned by Council, consisted of Councilmember Jon Willey and Councilmember Kitty Moore. The first meeting coordinated with Staff, in particular the CIP Manager and Public Works Director, was held August 2, 2022, the building was toured, need for the project discussed, and future topics and scheduling were planned as reflected in the presentation slides provided by Staff. There is also a vast amount of support documents online. •During the course of the multi-session meetings of the Subcommittee, Staff determined that moving the EOC to the new Torre Avenue City Hall Annex building would be an excellent idea, and that project is moving forward to locate 1,300 sf of EOC in that building. •The following 3 slides show the Staff Recommendation to the City Hall Subcommittee to renovate the City Hall. •Following the 3 slides are slide decks provided by Public Works in their comprehensive review of this project. -Councilmember Moore Meeting #5 - 10/21/2022 Topic: Funding & Summaries City Hall Subcommittee We recommend proceeding with the following projects: •Full Renovation of City Hall building (Seismic, HVAC, IT, Interiors, etc.), budgeting $26M. Consider upgrading to “Essential Facility” standards ($4M). Hire consultants to perform workplace planning (to confirm growth projections), and cost analysis. •Add parking behind Community Hall, budgeting $350,000 (scope and budget to be confirmed, will be part of existing Civic Center Parking project) •As part of CIP Program discussions for FY23-24, consider hiring Consultants to develop schedule and requirements for City Hall demobilization/mobilization strategy and communications. CIP Program Strategy •CDTFA Audit •Potential for substantial short-and long-term impacts •Ability to fund additional CIP Projects •Use of fund balance above the unassigned amounts require a 3-year payback plan both for General and Capital Funds •Capital Reserve has a min $5M reserve Other Considerations Meeting #2 Topic: Structural Analysis 9/01/2022 City Hall Subcommittee •SEPT. 1: Structural Analysis – Compelling reasons for the project (a.k.a. Seismic & MEP Deficiencies) •SEPT. 22: EOC – cost drivers, location options, and justifications •OCT. 13: Programming – Staff & Community program requirements in the space (a.k.a. Space Planning) •OCT. 27: Parking – use analysis and code requirements •NOV. 10: Funding & Recommendations for Council Upcoming Meeting Agendas SEPTEMBER 1 Agenda TOPIC: Structural Analysis – Compelling reasons for the project (a.k.a. Seismic & MEP Deficiencies) 1.2005-06 Structural Analysis: review of the1965 and 1986 design and construction 2.2011 Structural Analysis and 2012 Essential Facility Analysis 3.2014 City Hall Alternates Study: Structural Evaluation 4.2021 Seismic Evaluation – Tier 1 5.Summary and Recommendations 2005 – 2006 Structural Analysis 1965 & 1986 Construction Documents •24,233 SF •Type 5, B-2 (1hr) •Council Chambers on main floor, and an open basement which housed mechanical and electrical equipment 1965 Original Design & Construction •Upgrade to Essential Facility for EOC •Renovation of the lower level to accommodate workplace •Opened the lower level to the excavated exterior terrace 1986 Renovation 2005/06 Structural Analysis determined the need for additional shear walls, reinforcement of the existing shear walls, and improvements to the roof to lessen the loading and strengthen the diaphragm. 2005/06 Structural Report 2011 – 2012 Reports Examining Structural Compliance with 1985 UBC “Essential Facility” Requirements •The loading of the upper level was underestimated by approximately 45 – 59% •The loading of the lower level was underestimated by approximately 24% •Overall the building’s loading was underestimated by approximately 34% •The concrete is code compliant, but steel reinforcing and anchoring requires improvement 2011 Structural Analysis by AKH: Deficiencies •Improvements to the shear walls: Steels reinforcement, added plywood, anchoring, etc. •Add shear walls at upper level •Remove heavy roof tiles and improve roof diaphragm •Improve diaphragm chord connections by welding plates to beam webs •Add steel and/or carbon fiber ‘jackets’ to concrete columns and improve column ties 2011 Structural Analysis by AKH: Remedies •HVAC equipment and infrastructure is 25 years past its life time. •HVAC system is terribly inefficient and costly to operate. The controls are severely outdated. •Electrical equipment, fixtures, main switchboard and distribution system installed in 1965, are beyond their useful life. •Emergency power system requires full upgrade from 1965 system 2012 Essential Services Facility Analysis by Perkins & Will, AKH and PAE: Deficiencies •Structural Analysis is essentially the same as 2011 report. •Architectural: add one FR partitions and smoke partitions •Architectural: change out finishes to be code complaint for fire/smoke ratings •Architectural: Roof assemblies must be Class A. The equipment attachments are not compliant. The report presented four scenarios for each system’s remedies: a. No Building Upgrade (EOC relocation) b. Seismic Upgrade - Minimum scheme (EOC incorporation) •Shear walls & Concrete walls improvements •Roof tile & equipment rework, with possible adjustment to roof profile •Seismic supports for HVAC equipment and ductwork •20% of cost for ADA upgrade c. Infrastructure Upgrade – Moderate Scheme •Includes all items from Seismic Upgrade •Fire & Life Safety upgrade to meet current codes •MEP upgrade to meet operation requirements as Essential Services Facilities •Energy efficiency improvements to HVAC and enclosure systems •Full ADA/Accessibility upgrade d. Building Replacement 2012 Essential Services Facility Analysis by Perkins & Will, AKH and PAE: Remedies 2014 City Hall Alternates Study Structural Evaluation as part of the Civic Center Master Plan At the 8/19/2014 meeting, Council requested a high-level feasibility study of the existing City Hall prior to determining a preferred Civic Center Master Plan. The Council directed staff to bring forward Master Plan alternatives and cost estimates for the following elements: ·City Hall options including: seismic retrofits with and without an Emergency Operations Center (EOC), a remodel of City Hall, and a potential new City Hall; ·Parking solutions for the existing and projected parking deficit including under Library Field, behind the Library, and under a potential new City Hall; ·Library Program Room expansion options. 2014 Structural Analysis by Tipping Mar Five design options were under consideration for City Hall; the first three options consider structural strengthening of the existing building. Option A: Seismic Strengthening, non-Essential Services Facility (EOC Relocation). Includes: ·All recommendations from 2012 report. Noted that Column ‘jackets’ could be replaced with the addition of steel columns. ·Seismic improvements to non-structural elements such as suspended ceilings, partition walls, and glazing systems Option B: Seismic Strengthening, Essential Services Facility (EOC Incorporation). Includes: ·All structural recommendations from Option A. ·Seismic improvements to non-structural elements …to meet Essential Services Facility performance requirements Option C: Complete architectural remodel. Includes: ·All structural recommendations from Option A and B. ·New large light court at building’s center 2014 Structural Analysis by Tipping Mar 2021 Seismic Evaluation Tier 1 Analysis Two scenarios were considered: •Scenario One: “Essential Facility” Risk Category IV, available for Immediate Occupancy following a BSE-1E seismic event, and available for Life Safety following a BSE-2E seismic event. The performance requirements address structural and non-structural elements. •Scenario Two: Typical Office Building, Risk Category II (EOC relocated) with the performance criteria of “Collapse Prevention” following a BSE-2E seismic event. 2021 Structural Analysis (MME): Scenarios Seismic Remediations required for Essential Facility (IV) occupancy: •Improve Roof Diaphragm Shear capacity (nailing, loading) •Improve the Roof Diaphragm Collector Splice Capacity •Improve the Anchor Bolt Connections at top of Shear Walls •Improve the Upper Floor Concrete Shear Wall Flexural Capacity and add Boundary members Seismic Remediations required for both Essential Facility (IV) occupancy and Office Building (II) occupancy: •Upgrade the Out of Plane Connection of Veranda Beam •Improve the Upper Floor Concrete Shear Wall Shear Capacity 2021 Structural Analysis: Remedies The following structural scopes require additional evaluation to confirm the requirements, but we believe this work is also required. Seismic Remediations required for Essential Facility (IV) occupancy: •Ground floor Wall [Horizontal] Reinforcing at Openings •Improve Columns Reinforcement ties for Confinement •Improve Foundation Dowels’ capacity Seismic Remediations required for both Essential Facility (IV) occupancy and Office Building (II) occupancy: •Add Continuous Cross Ties at Upper Floor Shear Wall •Repair Upper Floor Concrete Shear Wall adjacent to diaphragm openings •Repair Column Splices and Girder Stirrups 2021 Structural Analysis: Remedies Summary & Recommendations While the focus of the reports may vary, the findings are consistent regarding the status of the structural system: •The building relies on concrete shear walls for lateral load resistance and a combination of concrete walls and isolated concrete columns to support the gravity loads. These elements do not have sufficient ductility to resist seismic lateral displacements without sustaining significant damage. Damage to these critical structural gravity load-resisting elements could result in collapse of the roof structure. The life safety and economic risk could be substantial. •The building does not comply with either the Essential Services Facility requirements or [Regular Building] evaluation criteria unless a seismic strengthening is undertaken. The 2021 findings are similar to the findings in the previous reports. Summary 1. Seismic Upgrade of the building: will trigger some additional work, like ADA/Accessibility improvements. 2. HVAC and other Infrastructure systems: how can you not replace these systems that are 50+ years old? 3. Seismic + HVAC/Infrastructure + Accessibility/ADA work will affect over 75% of the building, which leads us to consider a full interior renovation project. Scope of Work Scenarios Aspects to consider Comments & Consensus? Meeting #3 Topic: EOC 9/22/2022 City Hall Subcommittee •SEPT. 1: Structural Analysis – Compelling reasons for the project (a.k.a. Seismic & MEP Deficiencies) •SEPT. 22: EOC – cost drivers, location options, and justifications •OCT. 13: Programming – Staff & Community program requirements in the space (a.k.a. Space Planning) •OCT. 27: Parking – use analysis and code requirements •NOV. 10: Funding & Recommendations for Council Upcoming Meeting Agendas SEPTEMBER 22 Agenda TOPIC: EOC 1.EOC Operational overview 2.Current EOC and back-up location 3.Potential EOC locations 4.EOC cost information 1. EOC Operational Overview EOC Orientation 2022 Emergency Operations EOC Orientation 2022 •WHEN would we activate? •WHO activates the EOC? •WHERE is the EOC? •HOW is it organized? •HOW does the EOC function? For •Inter-Agency Coordination •Executive Decision Making •Information Collection, Evaluation, Dissemination •Priority Setting •Resource Management EOC Orientation 2022 The EOC activates WHEN there is a need EOC ACTIVATION LEVELS 1 2 3 EOC Orientation 2022 The EOC activates WHEN an incident happens •Incident Stabilization •Life Safety •Protect property •Preserve the environment •Restore services •Facilitate recovery EOC Orientation 2022 EOC Orientation 2022 WHO activates the EOC? •The Director of Emergency Services (the City Manager) or their designee EOC Orientation 2022 WHERE is the EOC? Alternate EOCCupertino Service Center Primary 10300 Torre Ave Cupertino, CA 95014 Alternate 10555 Mary Avenue Cupertino, CA 95014 The EOC EOC Orientation 2022 EOC Orientation 2022 •HOW is it organized? ICS The Incident Command System EOC Orientation 2022 SEMS The Standardized Emergency Management System NIMS The National Incident Management System Field Response EOC Coordination Levels Department Operations Centers__ Partner Agencies and Stakeholders__ City Leadership __ State Santa Clara County EOC City of Cupertino EOC SEMS Standardized Emergency Management System EOC Orientation 2022 FEMA Training City of Cupertino Emergency Management Training Program EOC Orientation 2022 Baselin e Trainin g • Foundational Training Available online through FEMA Quarter ly Trainin g • Includes DSW and EOC training • Based on EOC position and staff interest Quarterl y Exercise s • Tabletop and Functional Exercises • Test plans and procedures • Identify gaps in training or capability Planning Section Operations Section Logistics Section Finance Section Develops plan to accomplish objectives, Coordinates information, provides for contingency and long-term planning Develops tactics and directs resources to carry out the action plan, coordinates and executes strategy Procures resources needed to support the response (staff, stuff, supplies) Documents, accounts for and ensures regulatory compliance of response Incident Command/ EOC Director Field/ EOC ICS The Incident Command System EOC Orientation 2022 EOC Director Public Works Unit Law Enforcement Branch Fire and Rescue Unit Damage and Safety Assessment Unit Care and Shelter Unit Citizen Corps Unit Situation Analysis Unit Documentation Unit Advanced Planning Unit Resource Tracking Unit GIS Specialist Demobilization Unit Technical Specialists Telecomm/ IS Unit Transportation Unit Personnel/ Volunteer Unit Supply / Procurement Unit Facilities Unit Operations Chief Planning and Intelligence Chief Logistics Chief Coordinator Finance and Admin Chief Time Keeping unit Purchasing Unit Recovery Unit EOC Coordinator Safety Officer Public Information Officer Legal Officer LiaisonAccess and Functional Needs Coordinator EOC Orientation 2022 EOC Director EOC Coordinator Public Information Officer Liaison Officer Agency Rep Safety Officer Legal Officer Private Sector Coordinator EOC Orientation 2022 Fire Rescue Unit Law Enforcement Unit Public Works Unit Care & Shelter Unit Damage / Safety Assessment Unit Citizen Corps Unit EOC Orientation 2022 Planning & Intelligence Chief/Coordinator Situation Status Unit Resource Status / Tracking Unit Advance Planning Unit Documentation Unit Demobilization Unit GIS Unit EOC Orientation 2022 2. Current EOC Current Location & Service Center backup City Hall: current EOC location 1400 square feet approximately Service Center: backup EOC location 675 square feet, approximately 3. Potential EOC locations 1. City Hall (current) 2. City Hall Annex 3. Service Center 4. Civic Center, New stand-alone Building 5. Community Hall 6. Quinlan 7. Senior Center 8. Library Potential locations City Hall EOC location 1400 square feet approximately City Hall EOC location 1400 SQ FT current location 24,000 SQ FT Renovation OR 36,000 SQ FT New Building Alternate location: City Hall Annex 1300 SQ FT central area 5700 SQ FT renovation Alternate location: Service Center 675 SQ FT central area 5700 SQ FT renovation Alternate location: Senior Center 2950 SQ FT Reception Hall 3500 SQ FT renovation Alternate location: Quinlan Community Center 4200 SQ FT Community Room 8100 SQ FT renovation Alternate location: Community Hall 2100 SQ FT Community Hall 6200 SQ FT renovation Alternate location: Library 2800 SQ FT Program Room 5600 SQ FT renovation Alternate location: Civic Center, New Building 2400 SQ FT New Building (two potential locations indicated) Comparison: Sunnyvale EOC 2200 SQ FT EOC 6800 SQ FT Building footprint Public Safety Building Size comparisons City Hall Annex Sunnyvale EOC Service Center City Hall Shown in relative scale 4. EOC Cost Information Cost Scenarios Location EOC SQ FT BLDG SQ FT COST without EOC notes City Hall - New 1200 36000 $48,000,000 $44,400,000 $3.6M differential City Hall - Renovation 1200 24000 $28,000,000 $27,000,000 $1M differential City Hall Annex 1300 5700 $4,265,000 *$3,900,000 $465K differential Serivce Center 675 2900 $1,450,000 Using $500/SF Senior Center 2950 3500 $1,750,000 Using $500/SF Quinlan Community Center 4200 8100 $4,050,000 Using $500/SF Community Hall 2100 6200 $3,100,000 Using $500/SF Library 2800 5600 $2,800,000 Using $500/SF Civic Center - New building 2400 2400 $3,240,000 Using $1350/SF Summary & Recommendations Thank You! 9/22/2022 discussion on the Pros/Cons of various City properties as EOC locations (cost implications excluded from this table) Location PROS CONS [Current] City Hall · Best location for the EOC team to activate from during an event. · Proximity to staff work locations maximizes the usable space in large scale incidents. · Storage of EOC supplies is easiest to plan for in this location. · If we keep the existing footprint of City Hall, this area could be used for workplace or community functions (although the EOC can be a multi-function meeting room. · The current generator does not power all EOC systems. · Portable generator parking must be planned for. City Hall Annex (10455 Torre) · Proximity to City Hall is effective location for the EOC team to activate from during an event. · Storage of EOC supplies can be planned for in this location · Timing is good to ‘pivot’ the program for this building while we are in the design phase. · Commits the long term use of the facility to EOC and EOC related functions · While activated as EOC, it means the Permit Center will not be open (while this is the Permit Center – we’d want to consider moving Permit Center back to City Hall in the long term) · Portable generator parking must be planned for. Service Center · Storage of EOC supplies could be accommodated in this location · Distance to City Hall/EOC Management team is longer. · Compromises the other functions of the Service Center when activated. · This building should be considered for significant renovation generally. Adding the EOC begs the question of re-planning the overall facility (and this is a much longer process). · Portable generator parking must be planned for. · The available space for the EOC would limit the number of staff and may require a remote option. · The Service Center is the primary staging location for response equipment. The addition of the EOC to the property could over saturate the area with response personnel and equipment. · The Service Center currently serves as the backup EOC. Civic Center, New stand-alone Building · A dedicated space for Emergency Operations. · A standalone building would have limited alternate uses. Community Hall · It is a good building to invest in seismic strengthening. · Adjacency to City Hall/EOC Management team is very good. · Video capabilities of the building will be useful. · Storage of EOC supplies would need to remain at City Hall and carted over in the case of an event. · Portable generator parking must be planned for. - 1- · Compromises the other functions of the Community Hall/Council Chambers when activated. Would need to relocate City Council to conduct public meetings if the EOC is activated. Quinlan Community Center · Rebuilding one side of the building is possible. · Storage of EOC supplies can be planned for, in this location with some encroachment to the existing facility. · The large open space in the Cupertino Room would provide enough space for staff in large incidents. · Additional rooms would provide briefing areas for field staff. · Quinlan Community Center serves as the primary care and shelter facility after an incident. Facilities include traditional shelter, Temporary Evacuation Point, and cooling and warming centers. · Distance to City Hall/EOC Management team is longer. · Compromises the other functions of the QCC, when activated. · Portable generator parking must be planned for. · The main space would require the assembly of break-out/meeting rooms within the space, during activation Senior Center · Rebuilding one side of the building is possible. · Storage of EOC supplies can be planned for, in this location, with some encroachment to the existing facility. · The large open space in the Reception Hall would provide space for staff in large incidents. · Senior Center serves as a care and shelter facility after an incident. Facilities include traditional shelter, Temporary Evacuation Point, and cooling and warming centers. · Distance to City Hall/EOC Management team is longer. · Compromises the other functions of the Senior Center, when activated. · Portable generator parking must be planned for. Library · Adjacency to City Hall/EOC Management team is good. · Separate entrance is helpful. · The building is leased to SCCLD, which presents many complications. · Storage of EOC supplies would need to remain at City Hall and carted over, in the case of an event. · Portable generator parking must be planned for. · It’s a new build-out and would be an unfortunate renovation project. · Maintenance of equipment including audio and visual tools would be unreliable. - 2- Cost estimates (preliminary, rough order-of-magnitude) Location EOC SQ FT BLDG SQ FT COST without EOC notes City Hall - New 1200 36000 $48,000,000 $44,400,000 $3.6M differential City Hall - Renovation 1200 24000 $28,000,000 $27,000,000 $1M differential City Hall Annex 1300 5700 $4,265,000 **$3,900,000 $465K differential Service Center 675 2900 $1,450,000 Using $500/SF Senior Center 2950 3500 $1,750,000 Using $500/SF Quinlan Community Center 4200 8100 $4,050,000 Using $500/SF Community Hall 2100 6200 $3,100,000 Using $500/SF Library 2800 5600 $2,800,000 Using $500/SF Civic Center - New building 2400 2400 $3,240,000 Using $1350/SF **City funding for the project is currently $3,000,000. Soft costs and Construction costs are projected to be greater than the original estimates. - 3- Meeting #4 - 10/13/2022 Topics: Parking & Programming City Hall Subcommittee •SEPT. 1: Structural Analysis – Compelling reasons for the project (a.k.a. Seismic & MEP Deficiencies) •SEPT. 22: EOC – cost drivers, location options, and justifications •OCT. 13: Parking – history, use analysis and code requirements •OCT. 13: Programming – Staff & Community program requirements in the space (a.k.a. Space Planning) •OCT. 20: Funding – potential strategies •OCT. 27: Q&A, and Recommendations for Council Upcoming Meeting Agendas OCTOBER 13 Agenda TOPIC: Parking at Civic Center 1.Past Studies & Code Findings 2.2012-2015 CCMP Parking Options 3.Cost estimates TOPIC: City Hall Programming 1.Spatial History 2.Analysis 3.Future Proofing the Space Planning Parking at Civic Center Past Studies & Code Findings •Existing conditions: City Hall parking: 58 spaces Library Parking: 166 spaces Onstreet parking: 104 spaces •Parking Demand survey found that an additional 20 – 40 spaces were needed to meet the demand. 2012 CCMP Parking Study •Existing conditions (presumably unchanged): City Hall parking: 58 spaces Library Parking: 166 spaces Onstreet parking: 104 spaces •Parking Demand survey found that an additional 46 spaces were needed to meet the demand. 2014 CCMP Parking Study •Kimley Horn report for Library Expansion project found that Civic Center was deficient by 185 parking spaces, based on demand, prior to the construction of the Library expansion project. •A proposed solution was a one- story parking deck over the entire surface parking area, at a cost of approximately $3.2M. This would net an additional 215 stalls. 2020 Library/CCMP Parking Study •Table 19.124.040(A) requires one parking stall per 285 sq. ft. of office building. (E) City Hall: 24,140/285 = 85 spaces (N) City Hall: 36,140/285 = 127 spaces •Currently there are 84 parking spaces adjacent to City Hall & Community Hall 2022 Zoning Code requirements for Parking •For the Library and Community Hall, another 360 parking spaces are required by the zoning code, in addition to the City Hall requirements. Community Hall requires 112 spaces, and the Library requires 248 spaces by code. •Currently there are 144 parking spaces in this area. 2022 Zoning Code requirements for Parking •Parking demand studies show that Civic Center is deficient by approximately 185 parking spaces •Parking requirements in the zoning chapter of the municipal code show that Civic Center is deficient by approximately 217 parking spaces 2022 Civic Center Parking status Parking at Civic Center 2012 – 2015 Civic Center Master Plan Parking Options •Three Parking Options were shared with City Council in December 2012 CCMP Parking Study 2012 CCMP Parking Study Parking Options Summary2014 CCMP framework $6,700,000 total$5,300,000 total $7,000,000 total2014 costs:$5,300,000 total 10/21/2014 Council meeting action: 2014 CCMP framework Parking at Civic Center Cost Estimates Overall Cost Estimates from 2014 2014 CCMP framework Parking Options Summary2014 CCMP framework $6,700,000 total$5,300,000 total $7,000,000 total2014 costs:$5,300,000 total $72K/space$124K/space $104K/space2022 costs:$90K/space Total (100) $7,200,000Total (100) $12,422,000 Total (100) $10,450,000 Total (100) $9,000,000 Parking Options Summary2022 Cost Estimates Element Area SF Cost / SF Total Direct Construction Soft Costs +25%Project Total Cost per stall City Hall Replacement 24,140 $804 $19,400,111 $4,850,028 $24,250,139 N.A. City Hall Replacement w/ Added Floor 36,140 $809 $29,237,621 $7,309,405 $36,547,027 N.A. Parking Element Area SF Cost / SF Total Direct Construction Soft Costs +25%Project Total Cost per stall Underground Parking (36 Stalls) below City Hall Replacement 12,070 $214 $2,586,722 $646,680 $3,233,402 $89,817 Single Deck Parking Structure - City Hall (45 Stalls)15,000 $105 $1,575,150 $393,788 $1,968,938 $43,754 Single Deck Parking Structure - Library (75 Stalls) 25,000 $105 $2,625,250 $656,313 $3,281,563 $43,754 3 Story Parking Structure - City Hall (128 Stalls) 45,000 $177 $7,956,000 $1,989,000 $9,945,000 $77,695 3 Story Parking Structure - Library (230 Stalls) 75,000 $177 $13,260,000 $3,315,000 $16,575,000 $72,065 Additional Parking Options (100 Stalls)Area SF Cost / SF Total Direct Construction Soft Costs +25%Project Total Cost per stall Surface Parking 35,000 $44 $1,535,625 $383,906 $1,920,000 $19,200 Underground Parking Structure, Incl Field Replacement 37,500 $265 $9,937,500 $2,484,375 $12,422,000 $124,220 Underground Parking Structure with Top Level Parking 38,000 $220 $8,360,000 $2,090,000 $10,450,000 $104,500 •Adding 16 spaces behind Community Hall is minimal cost and impact ($300K approximately) •If City Hall does not increase in size, the current parking allocation is adequate. Significant parking improvements for the Library and Community Hall are needed, however. •Having direction on the City Hall project will greatly influence the requirements for parking at Civic Center. Parking: Summary Notes City Hall Programming Spatial History 1965 Original City Hall +/- 40 seats +/- 47 seats 1986 Renovated City Hall +/- 58 seats +/- 33 seats City Hall: Current Floor Plans 61 seats 65 seats City Hall Programming Analysis 2014 Existing City Hall: Analysis **2022 add: Lobby (& Building) lacks adequate PUBLIC meeting rooms 2014 Existing City Hall: Analysis 2014 Existing City Hall: Analysis 2014 Existing City Hall: Analysis 2014 Existing City Hall: Analysis **2022 add: Building lacks adequate staff meeting rooms 2014 Existing City Hall: Analysis 2014 Existing City Hall: Analysis 2014 Existing City Hall: Analysis City Hall: Analysis Summary Current Flaws with the Interior: •Many spaces are under-utilized (Chambers, Lobby) •Many spaces are At-Capacity (workspaces) •Workspaces are inflexible, outdated •More meeting spaces are needed, for Community and Staff •Lighting and Daylighting are woefully inadequate City Hall: Renovation Benefits •Better Utilization of the space, more efficient and logical •Workspace that is flexible, current and reasonably distributed •Increased Daylighting, Improved Lighting and other interior space wellness factors can be addressed •Improve Meeting spaces distribution, quantity and quality •Create a space that reflects the values of our City and its Residents: welcoming, beautiful, functional and inspiring City Hall Programming Future Proofing the Space Planning City Hall: Current Floor plans 61 seats, 9,950 sq ft 65 seats, 11,500 sq ft **21,450 sq ft / 126 seats = 170 sq ft per person City Hall: Planning for Growth 21,450 sq ft @ 150 sq ft per person = 143 people 21,450 sq ft @ 170 sq ft per person = 126 people 21,450 sq ft @ 175 sq ft per person = 123 people 21,450 sq ft @ 200 sq ft per person = 107 people 21,450 sq ft @ 225 sq ft per person = 95 people 21,450 sq ft @ 250 sq ft per person = 86 people •Currently: 21,450 sq ft @ 126 seats = 170 sq ft per person •February 2022 Staff headcount for City Hall was 130 people City Hall: Workplace Planning Current Staff headcount at City Hall: 130 people Accounting for Population Growth: •10% increase: 143 people •20% increase: 156 people Accounting for Telework: •Current headcount + 10% Growth – 30% WFH = 100 people •Current headcount + 20% Growth – 20% WFH = 130 people Comments & Questions? Meeting #5 - 10/21/2022 Topic: Funding & Summaries City Hall Subcommittee •SEPT. 1: Structural Analysis – Compelling reasons for the project (a.k.a. Seismic & MEP Deficiencies) •SEPT. 22: EOC – cost drivers, location options, and justifications •OCT. 13: Parking – history, use analysis and code requirements •OCT. 13: Programming – Staff & Community program requirements in the space (a.k.a. Space Planning) •OCT. 21: Funding – potential strategies •OCT. 27: Q&A, and Recommendations for Council Upcoming Meeting Agendas OCTOBER 21 Agenda TOPIC: Funding 1.Concepts reviewed to date *EOC (no discussion required) a.Seismic Retrofit & Infrastructure upgrades b.Space Planning c.Parking 2.Cost Summaries 3.Funding Options TOPIC: Summaries 1. Concepts Reviewed to Date a. Seismic Retrofit & Infrastructure Upgrades Two scenarios were considered: •Scenario One: “Essential Facility” Risk Category IV, available for Immediate Occupancy following a BSE-1E seismic event, and available for Life Safety following a BSE-2E seismic event. The performance requirements address structural and non-structural elements. •Scenario Two: Typical Office Building, Risk Category II (EOC relocated) with the performance criteria of “Collapse Prevention” following a BSE-2E seismic event. 2021 Structural Analysis (MME): Scenarios Seismic Remediations required for Essential Facility (IV) occupancy: •Improve Roof Diaphragm Shear capacity (nailing, loading) •Improve the Roof Diaphragm Collector Splice Capacity •Improve the Anchor Bolt Connections at top of Shear Walls •Improve the Upper Floor Concrete Shear Wall Flexural Capacity and add Boundary members Seismic Remediations required for both Essential Facility (IV) occupancy and Office Building (II) occupancy: •Upgrade the Out of Plane Connection of Veranda Beam •Improve the Upper Floor Concrete Shear Wall Shear Capacity 2021 Structural Analysis: Remedies The following structural scopes require additional evaluation to confirm the requirements, but we believe this work is also required. Seismic Remediations required for Essential Facility (IV) occupancy: •Ground floor Wall [Horizontal] Reinforcing at Openings •Improve Columns Reinforcement ties for Confinement •Improve Foundation Dowels’ capacity Seismic Remediations required for both Essential Facility (IV) occupancy and Office Building (II) occupancy: •Add Continuous Cross Ties at Upper Floor Shear Wall •Repair Upper Floor Concrete Shear Wall adjacent to diaphragm openings •Repair Column Splices and Girder Stirrups 2021 Structural Analysis: Remedies While the focus of the reports may vary, the findings are consistent regarding the status of the structural system: •The building relies on concrete shear walls for lateral load resistance and a combination of concrete walls and isolated concrete columns to support the gravity loads. These elements do not have sufficient ductility to resist seismic lateral displacements without sustaining significant damage. Damage to these critical structural gravity load-resisting elements could result in collapse of the roof structure. The life safety and economic risk could be substantial. •The building does not comply with either the Essential Services Facility requirements or [Regular Building] evaluation criteria unless a seismic strengthening is undertaken. The 2021 findings are similar to the findings in the previous reports. Summary - Structural Analysis 1. Seismic Upgrade of the building: will trigger some additional work, like ADA/Accessibility improvements. 2. HVAC and other Infrastructure systems: how can you not replace these systems that are 50+ years old? 3. Seismic + HVAC/Infrastructure + Accessibility/ADA work will affect over 75% of the building, which leads us to consider a full interior renovation project. 4. Essential Facility (Risk Category IV) or not (Risk Category II)? Scope of Work Scenarios Aspects to consider Summary: It is well-documented that many structural engineers recommend that the 1965 City Hall building needs to be seismically retrofit. The HVAC and other infrastructure systems are also well-past their useful life and require replacement. We recommend a full seismic/structural upgrade, as well as a complete reconstruction of all infrastructure systems such as HVAC and life safety systems. Seismic Retrofit & Infrastructure Upgrades 1. Concepts Reviewed to Date b. Space Planning/Programming Interiors Program & Condition Summary Current Flaws with the Interior: •Many spaces are under-utilized (Chambers, Lobby) •Many spaces are At-Capacity (workspaces) •Workspaces are inflexible, outdated •More meeting spaces are needed, for Community and Staff •Lighting and Daylighting are woefully inadequate •Better Utilization of the space, more efficient and logical •Workspace that is flexible, current and reasonably distributed •Increased Daylighting, Improved Lighting and other interior space wellness factors can be addressed •Improve Meeting spaces distribution, quantity and quality •Create a space that reflects the values of our City and its Residents: welcoming, beautiful, functional and inspiring Interiors: Benefits of Renovation Current Floor plans 61 seats, 9,950 sq ft 65 seats, 11,500 sq ft **21,450 sq ft / 126 seats = 170 sq ft per person Space Planning: Planning for Growth 21,450 sq ft @ 150 sq ft per person = 143 people 21,450 sq ft @ 170 sq ft per person = 126 people 21,450 sq ft @ 175 sq ft per person = 123 people 21,450 sq ft @ 200 sq ft per person = 107 people 21,450 sq ft @ 225 sq ft per person = 95 people 21,450 sq ft @ 250 sq ft per person = 86 people •Currently: 21,450 sq ft @ 126 seats = 170 sq ft per person •February 2022 Staff headcount for City Hall was 130 people Current Staff headcount at City Hall: 130 people Move 25 occupants to City Hall Annex = 105 occupants (does the Annex become a permanent Permit Center?) Accounting for Population Growth: •10% increase: 116 people •20% increase: 126 people Accounting for Telework: •Current headcount + 10% Growth – 30% WFH = 84 people •Current headcount + 20% Growth – 20% WFH = 105 people *** 21,450 sq. ft. / 105 people = +/- 204 sq. ft./person *** Space Planning: Planning for Growth Summary: We believe the current footprint of City Hall can accommodate the Staff, Council offices and support functions such as community meeting rooms, planning for 20% growth and leveraging an efficient Telework policy that allows for 20% to be working remotely. We do not recommend the expansion of City Hall in order to address workplace overcrowding at this time. We recommend a full interior renovation to make better use of the interior space. Space Planning & Programming 1. Concepts Reviewed to Date c. Parking •Currently there are 84 parking spaces adjacent to City Hall & Community Hall; Zoning Code requires 85. •Parking demand studies show that Civic Center is deficient by approximately 185 parking spaces •Parking requirements in the zoning chapter of the municipal code show that Civic Center is deficient by approximately 217 parking spaces •A renovated City Hall without an expansion does not require additional parking spaces. •The addition of strategic surface parking spaces is a cost-effective improvement. 2022 Civic Center Parking status Proposed Parking Improvements Summary: Since the pandemic has disrupted the parking patterns at Civic Center, it is difficult to ascertain the present and future parking needs at Civic Center. Assuming the City Hall building will not be expanding its footprint, we recommend the immediate implementation of new surface parking along the rear of Community Hall (+16 spaces) , and plan for future surface parking along the north edge of Library field (+21 spaces, approximately). Parking 2. Cost Estimates Parking Options Summary2022 Cost Estimates Element Area SF Cost / SF Total Direct Construction Soft Costs +25%Project Total Cost per stall City Hall Replacement 24,140 $804 $19,400,111 $4,850,028 $24,250,139 N.A. City Hall Replacement w/ Added Floor 36,140 $809 $29,237,621 $7,309,405 $36,547,027 N.A. Parking Element Area SF Cost / SF Total Direct Construction Soft Costs +25%Project Total Cost per stall Underground Parking (36 Stalls) below City Hall Replacement 12,070 $214 $2,586,722 $646,680 $3,233,402 $89,817 Single Deck Parking Structure - City Hall (45 Stalls)15,000 $105 $1,575,150 $393,788 $1,968,938 $43,754 Single Deck Parking Structure - Library (75 Stalls) 25,000 $105 $2,625,250 $656,313 $3,281,563 $43,754 3 Story Parking Structure - City Hall (128 Stalls) 45,000 $177 $7,956,000 $1,989,000 $9,945,000 $77,695 3 Story Parking Structure - Library (230 Stalls) 75,000 $177 $13,260,000 $3,315,000 $16,575,000 $72,065 Additional Parking Options (100 Stalls)Area SF Cost / SF Total Direct Construction Soft Costs +25%Project Total Cost per stall Surface Parking 35,000 $44 $1,535,625 $383,906 $1,920,000 $19,200 Underground Parking Structure, Incl Field Replacement 37,500 $265 $9,937,500 $2,484,375 $12,422,000 $124,220 Underground Parking Structure with Top Level Parking 38,000 $220 $8,360,000 $2,090,000 $10,450,000 $104,500 Element Area SF Cost / SF Total Direct Construction Soft Costs +25% 2023 Project Total (+25% soft costs) Cost per stall 2024 Project Total (5% escalation) 2025 Project Total (5% escalation) City Hall Renovation - Seismic Only, Non-Essential Facility 24,140 $216 $5,205,308 $1,301,327 $6,506,635 N.A.$6,831,967 $7,173,565 City Hall Renovation - Seismic Only, Essential Facility 24,140 $232 $5,606,032 $1,401,508 $7,007,540 N.A.$7,357,917 $7,725,813 City Hall Renovation - Seismic, MEP/IT, Interior gut, Non-Essential Facility 24,140 $807 $19,491,360 $4,872,840 $24,364,200 N.A.$25,582,410 $26,861,531 City Hall Renovation - Seismic, MEP/IT, Interior gut, Essential Facility 24,140 $868 $20,955,693 $5,238,923 $26,194,616 N.A.$27,504,347 $28,879,564 City Hall Replacement, Non-Essential Facility 24,140 $804 $19,400,111 $4,850,028 $24,250,139 N.A.$25,462,646 $26,735,778 City Hall Replacement, Essential Facility 24,140 $908 $21,921,534 $5,480,384 $27,401,918 N.A.$28,772,013 $30,210,614 City Hall Replacement w/ Added Floor, Non- Essential Facility 36,140 $809 $29,237,621 $7,309,405 $36,547,027 N.A.$38,374,378 $40,293,097 City Hall Replacement w/ Added Floor, Essential Facility 36,140 $914 $33,017,504 $8,254,376 $41,271,880 N.A.$43,335,474 $45,502,248 City Hall Replacement w/ Added Floor + 100 spaces Underground parking, Non-Essential Facility 70,140 $529 $37,071,561 $9,267,890 $46,339,451 $463,395 $48,656,424 $51,089,245 City Hall Replacement w/ Added Floor + 100 spaces Underground parking, Essential Facility 70,140 $582 $40,851,444 $10,212,861 $51,064,305 $510,643 $53,617,520 $56,298,396 Underground Parking (36 Stalls) below City Hall Replacement, Essential Facility (parking only) 12,070 $230 $2,781,049 $695,262 $3,476,311 $96,564 $3,650,126 $3,832,633 City Hall Replacement w/ Added Floor + 100 spaces Underground parking, Essential Facility (parking only) 34,000 $230 $7,833,940 $1,958,485 $9,792,425 $97,924 $10,282,046 $10,796,149 2022+ Cost Estimates 3. Funding Options CIP Program Strategy Currently Funded CIP Projects: Parking Funded in FY19-20 CIP Program Currently Funded CIP Projects: City Hall Funded in FY16-17 CIP Program Currently Funded CIP Projects: City Hall Funded in FY21-22 CIP Program We recommend proceeding with the following projects: •Full Renovation of City Hall building (Seismic, HVAC, IT, Interiors, etc.), budgeting $26M. Consider upgrading to “Essential Facility” standards ($4M). Hire consultants to perform workplace planning (to confirm growth projections), and cost analysis. •Add parking behind Community Hall, budgeting $350,000 (scope and budget to be confirmed, will be part of existing Civic Center Parking project) •As part of CIP Program discussions for FY23-24, consider hiring Consultants to develop schedule and requirements for City Hall demobilization/mobilization strategy and communications. CIP Program Strategy Comments & Questions? City Hall Project Subcommittee October 21, 2022 Funding Options Status of Fund Balances as of Final Adopted Budget Project Beginning Fund Balance shows all fund balance regardless of availability Include ~$10M in revenues for Vallco Project that will be needed to offset staff and consultant costs covered by fees collected over the course of the project. Funds Estimated Beginning Fund Balance Amended Budget Amended Revenues Estimated Ending Fund Balance1 100 General Fund $48.0M2 $126.2M $133.4M $55.2M 420 Capital Fund $25.7M $30.2M $5.4M $0.9M3 429 Capital Reserve Fund $9.1M $0M $2.5M $11.6M Totals $82.8M $156.5M $141.3M $67.7M 1 Ending Fund Balance = Beg Fund Balance -Amended Budget + Amended Revenues 2 Removed $10M in Vallco Revenues add remaining Unassigned GF FB + GF Capital Reserve 2 Does not account for additional $1.5M needed for the Annex Project Size Funding Options Considerations Small ($7M) Use of General Fund (GF) Fund Unassigned Fund Balance (FB) or General Fund Capital Reserve Would leave Capital Reserve in GF and the Capital Fund intact for additional future projects Medium ($26M -44M) Use of both GF Unassigned FB and GF Capital Reserve Could limit future CIPs Large (Over $45M) Debt Financing Could wipe out several reserves leaving only economic uncertainty remaining should the City require additional funding. Limits future CIPs. Funding Options •CDTFA Audit •Potential for substantial short-and long-term impacts •Ability to fund additional CIP Projects •Use of fund balance above the unassigned amounts require a 3-year payback plan both for General and Capital Funds •Capital Reserve has a min $5M reserve Other Considerations From:Santosh Rao To:City Clerk Subject:Re: Any disruption to Cupertino Sports Center will impact the tennis programs at Kennedy Middle, Mitty and Monta Vista High schools. Date:Monday, October 16, 2023 1:55:44 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I had a typo on the Mitty comment. “ Mitty High School - since 2009, the high school and CSC have had an agreement to use CSC coaching staff and CSC courts for their boys and girls programs.” It should be 2019, not 2009. Please include the correction as well if possible. Thank you. Thanks, Santosh Rao On Monday, October 16, 2023, 1:47 PM, Santosh Rao <santo_a_rao@yahoo.com> wrote: Dear City Clerk, Please kindly include my email below as part of written communication for the 10/17 city council meeting. Thank you. Thanks, Santosh Rao Begin forwarded message: On Monday, October 16, 2023, 10:09 AM, Santosh Rao <santo_a_rao@yahoo.com> wrote: Hello City Council, Are you aware of the extent of impact caused by city staff intent to propose redevelopment at Cupertino Sports Center? Are you aware that any disruption of CSC will lead to a disruption of the tennis program at 3 schools, namely, Kennedy Middle, Monta Vista High and Mitty? Are you aware that Monta Vista High has a nationally ranked tennis program and your actions may impact the future of the tennis program at Kennedy and Monta Vista High? Has CUSD, FUHSD and Mitty been consulted or informed? Have the principals of Kennedy, Monta Vista and Mitty been consulted or informed? Was city staff aware of this before they gave a consultant the green light to look into CSC feasibility? Was the consultant aware of this? Disrupting tennis programs at the Cupertino neighborhood schools destroys the college dreams of generations of Cupertino kids. Kids that dreamt a vision and are executing to a goal of a path to college via a tennis program cannot now re-architect their path to college due to Cupertino city’s desire to prioritize a city hall over city’s sports program. Here are more details as I understand it in case you were unaware. Kennedy Middle School - the school team has been using CSC's courts since 2014. KMS tennis team gets coaching and practice time on CSC courts. Loss of CSC disrupts the KMS tennis program. Monta Vista High - CSC plays a crucial role as a feeding program to Monta Vista's nationally ranked tennis team. Closing the Cupertino Sports center will not only impact Kennedy middle school tennis program, but the ability for Monta Vista to continue to get local juniors (who are nationally ranked) to play at local top level high schools and move on to playing in college. The pipeline of top level tennis players into Monta Vista High will be affected as Kennedy is a main feeder school into MVHS. Mitty High School - since 2009, the high school and CSC have had an agreement to use CSC coaching staff and CSC courts for their boys and girls programs. Taking this away will provide a huge obstacle for Mitty high school to secure courts for their teams. CSC is an integral part of the success of Mitty’s tennis program success. If you care about the impact to the tennis program at Kennedy, Mitty and the feeder impact into Monta Vista then you need to EXCLUDE the Cupertino Sports Center from any redevelopment plans. We don’t want a shiny new sports center. We don’t want you to do anything at the sports center. Please. Let’s not play word games with us residents while our Cupertino kids sports programs, path to college are at stake. We don’t want to have to hear your words that it is not closing, it will be a new sports center, it will offer better programs etc. No. We want you to leave CSC as is. It is just fine without any of your plans to give us something better. We don’t need it. What we DO want is no disruption to CSC. Do not approve any conceptual plan that includes Cupertino Sports Center. Just please leave CSC alone as is. We don’t want construction at CSC. We don’t want a city hall or anything else at CSC. Leave CSC out of your development plans. Public city owned lands used to build up sports skills for generations of Cupertino kids are not up for sacrifice in order to meet your desire for a new city hall. And no we don’t want you spending 100s of 1000s of dollars on consultants writing conceptual plans for a sports center that we don’t want any changes at. Please don’t waste our taxpayer dollars on consultant throwaway work. Thanks, Santosh Rao From:Susan Nankin To:City Council Subject:Sports center proposal Date:Monday, October 16, 2023 1:32:35 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Mayor Wei & City Council, I’m a Cupertino resident, I just heard the news today of the possibility of tearing down the sports center and replacing it with the City Center and housing. I and many people I know, are very upset about this. There are hundreds of Cupertino residents of all ages that use the center every day. It is a central meeting place for exercise and social well being. I’m imploring you to save the CSC and find an alternative site. Thank you so much, Susan Nankin Sent from my iPhone From:James Murashige To:City Council Subject:Do Not Deal Away the Sports Center Date:Monday, October 16, 2023 1:21:02 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I object to the Cupertino Sports Center being dealed away to development interests. And forget about new City Hall schemes in the current budget crunch. James Murashige 10157 Lockwood Dr Cupertino, CA Sent from my iPhone From:Yudong Sun To:City Council Subject:Sports Center plan Date:Monday, October 16, 2023 1:20:16 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please note that you need to send notifications to all CSC members about any plans and events with regard to CSC project discussions. Thanks to Lifetime, I got a notification. But the majority of CSC members are not Lifetime members. A few facts: - The tennis courts are in full utilization now, even if members have to pay. So any plans must not reduce the number of tennis courts. - Many kids are taking lessons at CSC, covering tennis and other ball games as well, basketball, badminton, pickle ball, squash... - Any plan must not reduce these opportunities for the current residents. From:S B To:City Council Subject:Please EXCLUDE Cupertino Sports Center from any conceptual plan for redevelopment. Remove CSC from any actions on agenda item 7 for 10/17 city council meeting. Date:Monday, October 16, 2023 1:04:57 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Wei, Vice-Mayor Mohan and City Council, I am writing to you today to urge you to REJECT the city staff recommendation to move forward with a conceptual plan for redevelopment of Cupertino Sports Center. Say NO to redevelopment of Cupertino Sports Center. Reject the barter of Cupertino Sports Center for a city hall and redevelopment. Cupertino Sports Center is a home away from home for 1000s of residents. Both adults and kids enjoy the facility daily. Generations of residents have spent countless hours learning sports skills at CSC. Kids are taught from an early age and they go onto sports programs at our middle schools, high schools and go onto college sports teams. It all starts at the Cupertino Sports Center. Say NO to replacing our kids path to sports skills in return for a shiny new city hall or other redevelopment at CSC. We don’t want your response saying it is not closing but you will build a new better sports center. Or saying it is still early stage. Or saying you will build a better sports center elsewhere. We don’t want any of those. Any of those options mean the sports center closes for weeks, months, years. We don’t want the sports center closed for weeks, months or years. It disrupts the schedules and lives of 1000s of residents including 100s of kids. The sports center is fully utilized and self sustaining. It is gone to tennis programs for Kennedy Middle, Mitty High and Kennedy Middle is a feeder into Monta Vista High tennis teams. By disrupting the Sports Center you Will be impacting 100s of kids whose dreams of making it to college on a tennis scholarship will be shattered. Say NO to a city hall that is built on shattering the dreams of Cupertino kids and their path to college admissions. We put our faith in you when we voted for you all. Our family, our neighborhoods and our city residents want to see you live up to the promise you made to us during your campaigns. Put resident interests ahead of a shiny new city hall and redevelopment interests. Say NO to redevelopment of Cupertino Sports Center. Stop wasteful spending on consultants who are spending on potential conceptual plans for Cupertino Sports Center. Just leave the Cupertino Sports Center alone as it is. No conceptual plans, no closures, no construction, no disruption to the Cupertino Sports Center. Regards Sent from my iPhone From:L Lau To:City Council Subject:Cupertino Sports Center CSC Date:Monday, October 16, 2023 12:57:45 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Councilors, We have been members of CSC for more than 10 years and glad that we have CSC for exercise classes to enhance our physical and mental well being. The recent discussion about the future of CSC does bring a big concern in our household (kids, teenagers, working parents, middle agers and seniors). We are aware of the other factors that led to the start of this CSC re-development discussion. Yet we do want to point to the invaluable contribution of CSC to us and our community, when both physical and mental well being have been national issues. On the financial side, the healthcare savings from the preventive exercises (tennis, dance, yoga, machine training etc ) for the Cupertino community would surely outweigh the cash contribution to Cupertino from the redevelopment project. As elected officials, I am sure you will do what is best for us. And thank you all for making Cupertino a city we can be proud of and are happy living in. Sincerely, Lisa Lau From:Joan Bonin To:City Council Subject:Cupertino Sports Center Date:Monday, October 16, 2023 12:39:19 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council Members of Cupertino: I am a long time resident of Cupertino. I was shocked and dismayed to learn just yesterday while leaving my yoga class at the Sports Center that you are thinking of demolishing the Cupertino Sports Center. I have been coming there to exercise with my friends, most of whom are seniors like me, several days a week for my physical and emotional well-being for many, many years. I would like to continue as long as I am able. There are no other affordable options for me in this area. Please do not take the Sports Center away . Sincerely, Joan Bonin From:Terri To:City Council Subject:Closure of sports center? Date:Monday, October 16, 2023 11:53:52 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. There have been lots of rumblings and concerns over the proposal to close the Sports Center. What is equally concerning is the secrecy surrounding this proposal. Most of us found out only recently with very little detail. Sports Center staff has apparently been instructed to either not get involved or stay mute and searching the City Council website for information is frustrating at best. I suspect more information would be available in some of the closed sessions where minutes are not available. I would have hoped that members of CSC would have been informed in a more open, transparent form of communication. We are all paying members. The Sports Center is a benefit to the community and an asset to the city. My husband and I have been members for many years. We have made many friends and met many interesting people at the center. We attend fitness classes regularly. Like many of the folks in these classes, we value CSC and appreciate the facility and folks that work there. CSC is something Cupertino should be very proud of. Maybe some of the Council members should start coming to the sports center to better appreciate the facility and its importance to the community. Please don’t close the facility! Terri Yager (I would like to know which council members are pushing for the closure.) Sent from my iPad From:Patrick Kwok To:Hung Wei; J.R. Fruen; Sheila Mohan; Kitty Moore; Liang Chao Subject:Council agenda of 10/17: Options for construction of city hall Date:Monday, October 16, 2023 10:09:42 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council members: I am writing to urge you NOT to consider the Sports center as part of the partnership option for the construction of a new City Hall Facility, scheduled for consideration by council on October 17. I am a 25 years resident of Cupertino and a member of the Cupertino Sports center. The facilities at the Sports Center have been widely used by our residents for fitnesses , tennis, badminton, volleyballs, dancing classes , teen meetings plus other recreational enhancement. I go to the Sports center every day and enjoy using the facilities. Our residents take pride in these facilities as the Sports center is the only city facility that opens all year round and is in close proximity to transportation. We consider it as “ Jewel of Cupertino" As I recall, the city has spent more than $4 million in the past 15 years, $2.5 Million to bring it to ADA compliance and additional fundings to replace the swimming pool with new tennis courts and other improvements. It will be a big waste of tax payer money to demolish these facilities for future development. Personally, I do not see any necessity to expand the city hall as Cupertino is already built out and any future developments can be contracted out on an as needed basis. Furthermore, city can innovate city owned buildings such as Torre property, Stockelmaier property, Blue Pheasant Restaurant, single family residences at Stevens Creek near the Blue Pheasant and at Byrne Avenue among others. While the City Council is elected by our our residents to make decisions on behalf of our residents, I strong urge the City Council to put measures on the ballots to allow our residents to make such decisions should fiscal impact in excess of $5 millions similar to the measure City took for the construction of the new library. By this letter, I request a meeting with council members to discuss this agenda item further. Thank you for your consideration Patrick Kwok Former Cupertino Mayor 22734 Majestic Oak Way Cupertino, CA 95014 (408) 8961462 From:Santosh Rao To:City Council Subject:Any disruption to Cupertino Sports Center will impact the tennis programs at Kennedy Middle, Mitty and Monta Vista High schools. Date:Monday, October 16, 2023 10:09:21 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, Are you aware of the extent of impact caused by city staff intent to propose redevelopment at Cupertino Sports Center? Are you aware that any disruption of CSC will lead to a disruption of the tennis program at 3 schools, namely, Kennedy Middle, Monta Vista High and Mitty? Are you aware that Monta Vista High has a nationally ranked tennis program and your actions may impact the future of the tennis program at Kennedy and Monta Vista High? Has CUSD, FUHSD and Mitty been consulted or informed? Have the principals of Kennedy, Monta Vista and Mitty been consulted or informed? Was city staff aware of this before they gave a consultant the green light to look into CSC feasibility? Was the consultant aware of this? Disrupting tennis programs at the Cupertino neighborhood schools destroys the college dreams of generations of Cupertino kids. Kids that dreamt a vision and are executing to a goal of a path to college via a tennis program cannot now re-architect their path to college due to Cupertino city’s desire to prioritize a city hall over city’s sports program. Here are more details as I understand it in case you were unaware. Kennedy Middle School - the school team has been using CSC's courts since 2014. KMS tennis team gets coaching and practice time on CSC courts. Loss of CSC disrupts the KMS tennis program. Monta Vista High - CSC plays a crucial role as a feeding program to Monta Vista's nationally ranked tennis team. Closing the Cupertino Sports center will not only impact Kennedy middle school tennis program, but the ability for Monta Vista to continue to get local juniors (who are nationally ranked) to play at local top level high schools and move on to playing in college. The pipeline of top level tennis players into Monta Vista High will be affected as Kennedy is a main feeder school into MVHS. Mitty High School - since 2009, the high school and CSC have had an agreement to use CSC coaching staff and CSC courts for their boys and girls programs. Taking this away will provide a huge obstacle for Mitty high school to secure courts for their teams. CSC is an integral part of the success of Mitty’s tennis program success. If you care about the impact to the tennis program at Kennedy, Mitty and the feeder impact into Monta Vista then you need to EXCLUDE the Cupertino Sports Center from any redevelopment plans. We don’t want a shiny new sports center. We don’t want you to do anything at the sports center. Please. Let’s not play word games with us residents while our Cupertino kids sports programs, path to college are at stake. We don’t want to have to hear your words that it is not closing, it will be a new sports center, it will offer better programs etc. No. We want you to leave CSC as is. It is just fine without any of your plans to give us something better. We don’t need it. What we DO want is no disruption to CSC. Do not approve any conceptual plan that includes Cupertino Sports Center. Just please leave CSC alone as is. We don’t want construction at CSC. We don’t want a city hall or anything else at CSC. Leave CSC out of your development plans. Public city owned lands used to build up sports skills for generations of Cupertino kids are not up for sacrifice in order to meet your desire for a new city hall. And no we don’t want you spending 100s of 1000s of dollars on consultants writing conceptual plans for a sports center that we don’t want any changes at. Please don’t waste our taxpayer dollars on consultant throwaway work. Thanks, Santosh Rao From:Kitty Moore To:Pamela Wu; Kirsten Squarcia; City Clerk Subject:Written Communications and Question CC 20231017 Item 7 Cupertino Sports Center Date:Monday, October 16, 2023 9:57:32 AM Attachments:image001.png image002.png Hi, Please provide the history for how Agenda Item 7 came to be and how the scope of the contract with Cumming came to be. Who requested the Cumming scope of work, staff or a councilmember(s); who made the Recommended Action, staff or a councilmember(s)? This is important because we have received an overwhelming response and I do not understand how this came to be. Here is the Staff Recommended Action to Council: “Recommended Action Direct staff to pursue conceptual development of a mixed used Public Private Partnership for City Hall and the Sports Center properties.” The inclusion of the Sports Center was a surprise to me, along with consideration of City Hall for things like housing. Please note what was requested from City Council regarding City Hall which I have quoted below. I have done a little research to comprehend how this Tuesday’s agenda item came to be, as I find it unexpected. As you may know I served on the City Hall Subcommittee with Councilmember Willey and the Staff recommendation to us, which we relayed to the whole Council, and they approved, was to do a full interior remodel, relocate the emergency operations center which was occupying the entire old council chambers in City Hall, to the recently purchased Torre Annex building. That City Hall remodel was approximately $27 M and we have had a decline in the number of staff due to the CDTFA audit revenue reductions. The proposal the Council suggested below, would cost about $100M and require an additional parking garage. The February 21, 2023 City Council Special Meeting minutes reflect the following: “Fruen moved and Wei seconded: 1. That staff suspend all work on the City Hall renovation plan considered at the City Council meeting of November 15, 2022, not including the City Hall Annex project. 2. That staff, instead, return to Council with options for a new city hall and civic center up to approximately 80,000 square feet including flexible events programming space(s) suitable for events hosting up to 500 people and based primarily upon options previously provided with the City Council at its meeting on November 15, 2022, with alternatives for such flexible events programming space at other cityowned locations, to be considered as part of the City Council's March 7 consideration of the Capital Improvement Program. Moore moved and Chao seconded a substitute motion to re-affirm the direction previously provided for the City Hall Renovation Project. The substitute motion failed with Moore and Chao voting yes. Fruen' s main motion carried with Chao and Moore voting no.” Source: https://records.cupertino.org/WebLink/DocView.aspx? id=1013790&dbid=0&repo=CityofCupertino The City contracted with a consultant who was given the following scope of work which says the Project is City Hall Improvements, but read the Scope of Work below it and the Project Understanding below it, those items are surprising: Source: https://records.cupertino.org/WebLink/DocView.aspx? id=1052989&dbid=0&repo=CityofCupertino&searchid=2d2114bb-a5ea-47c9-9c51- b3016e58648c&cr=1 Kitty Moore Kitty Moore Councilmember City Council Kmoore@cupertino.org (408) 777-1389 From: Edward Hirshfield <clairelouise@earthlink.net> Date: Friday, October 13, 2023 at 7:36 AM To: City Council <CityCouncil@cupertino.org> Cc: board@cupertinotennisclub.org <board@cupertinotennisclub.org> Subject: Cupertino Sports Center CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, The Sports Center is vital to our city. 22 years ago I led the campaign for the city to purchase the Sports Center. We Carried a petition that successfully convinced the then council to spend $7M for the purchase. It was very good investment. The Sports Center is a vital element for the health of our citizens. It is an important element that differentiates our City from most of the surrounding cities. Cupertino is an exceptional place to live because all of parts of our Parks and Recreation department are outstanding. Don’t do anything to diminish this important department. Ed Hirshfield Sent from my iPhonenoino.orga From:Joan Hu To:City Council Subject:Proposal to repurpose cupertino sports center Date:Monday, October 16, 2023 8:02:36 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the Cupertino city council members, I have been a member of Cupertino Sports Center for over 15 years. The center has provided invaluable physical as well as mental benefits for me, as I go there for tennis, gym and exercise classes at least 3-5 times a week. Meaningful friendships and a sense of community have developed with the people I’ve meant there over the years. The center has a diverse membership that attracts people from all over Santa Clara county and beyond. I am currently retired and feel it would be a great loss if the sports center is closed. I hope the Cupertino Sports Center will remain intact and not be re-purposed for another venue. Thank you for your attention, Joanne Hu From:Tom Keegan To:City Council Subject:Save Cupertino Sports Centrr Date:Monday, October 16, 2023 5:22:50 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members: Apparently the City Council is considering plans to “redevelop” Cupertino Sport Center in a manner that will destroy the CSC that has been such a positive part of Cupertino family life for decades. Our two children attended Cupertino schools. Our entire family has used and benefited from CSC for years. My wife and I continue to use the facility often for sport and social aspects. Our adult children continue use it when they frequently return to visit. Please save the CSC largely as is, and avoid any misguided changes that will destroy this hugely popular site. Thank you, Tom and Shirley Keegan Sent from my iPad From:Le-Oanh La To:City Council Subject:Please leave Cupertino Sport Center As Is Date:Monday, October 16, 2023 1:22:36 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino Mayor and City Councils, My name is Le-Oanh La. I have been a member at Cupertino Sport Center for almost 20 years. I have enjoyed playing tennis, using the gym, and taking various classes there for enjoyment and for maintaining my health. More importantly, I have built life-long friendships and came to value this like-minded community as an irreplaceable part of my life. It is therefore devastating and unthinkable that it may be closed or turned into something different. The Center is well run, well attended, and has something for every age groups. It is perfect as it is. PLEASE DO NOT MAKE ANY CHANGE TO THE CUPERTINO SPORT CENTER. Sincerely, Le-Oanh La Sent from Yahoo Mail for iPhone From:Junko Ohoka To:City Council Subject:Please maintain Cupertino Sports Center Date:Monday, October 16, 2023 12:23:23 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir or Madam, I have been a member at CSC for more than 20 years. After moving from Japan, I joined CSC and met so many friends and have enjoyed playing social tennis and USTA League tennis. Please don't take away CSC from my life. I strongly OBJECT to the plan to be replaced with the city hall. Best regards, Junko Ohoka From:Kapil Nanda To:City Council Subject:Please Save the Cupertino Sports Center Date:Sunday, October 15, 2023 11:57:28 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, I am writing to express my strong opposition to the proposed closure of the Cupertino Sports Center. The Sports Center is a vital part of our community, and its closure would have a devastating impact on thousands of people. The Sports Center is used by people of all ages and abilities, from young children to seniors. It offers a wide variety of activities, including tennis, badminton, ping pong, gym, personal training, basketball, pickleball, chess, and racketball. The Sports Center is also home to a number of competitive sports leagues, which provide opportunities for people of all skill levels to compete and have fun. The Sports Center is also a revenue-generating asset for the city. Patrons pay an annual or monthly membership fee, and the Sports Center also leases court time to Lifetime, which conducts kids' lessons. I urge you to oppose the inclusion of the Cupertino Sports Center in agenda item 7 and to reject any city staff recommendations to fund a conceptual plan involving the Cupertino Sports Center. Here are some specific reasons why the closure of the Cupertino Sports Center would be a mistake: The Sports Center is a vital part of our community's health and well-being. It provides a place for people of all ages and abilities to get exercise and have fun. The Sports Center is a hub for social activity and community building. It is a place where people from all walks of life come together to compete, learn, and socialize. The Sports Center is a revenue-generating asset for the city. It pays for itself through membership fees and court rentals. Closing the Sports Center would be a betrayal of the public trust. The city has a responsibility to maintain its public facilities, including the Sports Center. I urge you to vote to keep the Cupertino Sports Center open. It is a vital part of our community, and it deserves to be protected. Sincerely, Kapil Nanda From:Erna Arnesen To:City Council Cc:J.R. Fruen; Sheila Mohan; Hung Wei Subject:Cupertino Sports Center & City Proposal for a new City Hall Facility Date:Sunday, October 15, 2023 11:16:02 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council members, As a longtime resident of Cupertino (own our home since 1987) and a member of the Cupertino Sports Center (since 2004), I was surprised and dismayed to see the proposal to consider some form or public-private partnership to build a new City Hall and potentially use the CSC property for this purpose. The cost for a new City Hall is extremely high, and I don't think that using the Sports Center as a part of this process is a good way to move forward. As a tax-paying resident, I have serious concerns about this path. As a sports club tennis player, I have benefited from having a club in our city where we can gather and participate in many activities. It and the library are the two places where I utilize the facilities. I am not engaged at the Senior Center nor Quinlan Center. I do not support this change. I propose that the Council reevaluate the plans to build an expensive City Hall at this time. The justification for such a need isn't clear to me as a resident. The Sports Center is an important part of my exercise and social life. I appreciate having it and continue to be a fee-paying member every year. It serves a wide range of ages in the community, from the young to the senior community. Sincerely, Erna Arnesen Deloof 1129 Yorkshire Dr Cupertino From:Poonam Gmail To:City Council Subject:Please leave the Cupertino Sports Center alone Date:Sunday, October 15, 2023 10:53:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council Cupertino Sports center is a lifeline for people like us who live in this city and want to use a gym and exercise and play tennis. I like our CSC much better than the Crunch Fitness center even though the membership is cheaper there. What kind of redevelopment do you want to do there ? Unless you can relocate the facility to another spot in Cupertino, we cannot afford to lose it. You did the same with Memorial Park. It first sat empty concrete for years. Then it got dug up. We all filled the survey with suggestions on what to be done. But, what got done ? Just green lawns !! The current green lawns are drying up in patches and now you need to maintain more lawns. What was the use of the survey by the residents ? Thanks, Poonam From:William Ng To:City Council Subject:Plan to eliminate CSC should stop Date:Sunday, October 15, 2023 10:33:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: Dear Sirs/Madams, I have been a member of CSC and used the facility for more than 20 years. I play tennis with a group of more than 30 tennis enthusiasts every week, day in and day out, let alone use the gym equipment. CSC, at its current setting and as a community facility, is a very important integral part of many like me. Please be respectful to all members of CSC. Converting such facility to any other purposes is totally unacceptable. It is a well-run center that not only serves the members, but also many kids and teenagers who find many after school sport activities years round. I urge any plan to change CSC to stop since the center is ultra important to the community. -William Ng From:Jane Babicz To:City Council Subject:potential closing of CSC Date:Sunday, October 15, 2023 10:02:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council,... I really don't understand the logic of considering closing Cupertino Sports Center (CSC) in favor of relocating City Hall. Financially, it makes no sense when $27M will retrofit the current city hall but $80M (and it will likely go higher) is required for the new build. CSC offers a good product and is profitably run. Membership is strong, both young and old, using the exercise equipment, taking exercise classes, playing tennis and playing pickleball. The demand is so strong that it can be tough at certain times of the day and days of the week to get a tennis court, for example. And consider the kids tennis program that thrives especially during summer months, using 8 courts full of kids learning how to play tennis and many of them will come back as adults and join CSC too. There are many loyal, long term customers as members of CSC and sports matter; it keeps people healthy and active, while allowing long term friendships to blossom. 10 year-member and the new president of the cupertino tennis club that operates out of CSC Dave Babicz From:LeeSee Loh To:City Council Subject:Keep Cupertino Sports Center as is Date:Sunday, October 15, 2023 9:23:18 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I am writing to plead with you to NOT eliminate Cupertino Sports Center. This campus serves a community of children, adults, and seniors in many capacities. We take exercise classes, use the wonderful gym equipment, play tennis, pickleball, badminton, racquet ball, and socialize with friends. The center is always a hive of activities and members are there at all hours during business hours. I started playing tennis when my husband was ill with cancer. It was a kind of therapy for me during the difficult two years of his illness. After his death, I became a full member of CSC and met many people through tennis. And many of them became very close friends. I play about 5 times a week; CSC is not just a place for physical activity but is also a place where I meet friends so as not to be isolated at home. Since I spend so much time at CSC; I also shop, buy groceries, get take-out, get clothes dry- cleaned, all in the vicinity of that area. And I am certain I am not the only person who patronize all the businesses there. Please keep Cupertino Sports Center the way it is. All the many upgrades and retrofits done on the campus have benefited so many members. It would be a catastrophe for all of us to not have use of this wonderful facility. Thank you. Lee See Loh From:Peggy Griffin To:City Council Cc:City Clerk Subject:2023-10-17 City Council Meeting Agenda Item 7 - City Hall, Sports Center, etc options Date:Sunday, October 15, 2023 9:18:51 PM Attachments:favicon.ico CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS IN THE WRITTEN COMMUNICATIONS FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM. Dear City Council, PLEASE DO NOT put housing on our public land that contains City Hall, Community Hall, Civic Center, Sports Center, etc. Our Civic Center area is the heart of our city government. It is where the public comes to attend meetings. The Cupertino Library uses Community Hall. As density increases, our city services will need to increase and you cannot expand once you put housing on the land! You loose all flexibility! What you can do is stop the pursuit for a “new over the top” city hall. Return to the remodel plan. Continue the plan to move the EOC to the Torre Ave site. Stop wasting money the city does not have on elaborate studies and consultants! Do not convert these areas to mixed use! We will NEVER get it back! Questions: 1-Who came up with housing on our public land? It was not directed by Council! It was not ever discussed in public! 2-What exact areas are considered part of the “Civic Center”? Is it City Hall? Community Hall? Cupertino Library? Library Field? The plaza area? Or is it all of it? 3-How did the Sports Center get roped into this “new over the top” city hall project? Please scale back and STOP the movement towards mixed use on our public land. Do not make the legacy of this Council be that you put Cupertino up for sale to the highest bidder. Sincerely, Peggy Griffin P.S. Below is the contract signed by staff. Look at the Scope of Work! Someone decided to spend public funds looking into mixed use on public land without even asking Council! This is a big decision that should have been discussed in public with Council and the public providing input - not made solely by staff. Scope of Work for Cumming Management Group - Scope of Work records.cupertino.org Consultant: Contact: Name: Katie Bipes Email: Phone: 415.982.9130 Project: Scope of Work: City Project Management Fiscal/Budget Master Agreement Amount: 170,000.00 0.00 This Service Order: 76,000.00 0.00 94,000.00 Approvals Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance:Date: Management Analyst Department Head: Date: Total Liquidated Encumbrance: Master Agreement Unencumbered Amount: Consultant:Date: Total Previously Encumbered: Evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, Sports Center, and subsequently other target sites (Golf Course, Service Center and City Hall Annex). iden8fy the menu of residen8al product types (market-rate and BMR) compa8ble with civic uses that are marketable with accompanying top line product positioning and value estimates. Iden8fy housing development op8ons based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. Iden8fy a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. Account No.: 420-99-250 900-905 Project Number: CIV 001.01.01 1787) Cumming Management Group, 475 Sansome St, Suite 700, SF, CA 94111 kbipes@cumming-group.com Managing Department: Public Works Project Manager: Susan Michael City Hall Improvements (420-99-250) - Strategic Advisory Services City of Cupertino MASTER AGREEMENT SERVICE ORDER NO. 1 Master Agreement # : 2023-031 Master Agreement Amount: $170,000.00 Effective Date: 8/29/2023 Agreement End Date: 12/31/2026 City of Cupertino - Cumming Group, Inc. Master Agreement Page 1 of 1 Service Order No. `1 John Olsson Sep 12, 2023 Sep 12, 2023 Sep 12, 2023 Project Understanding We understand that the City of Cupertino (“City”) is seeking a consultant to aid the City in their evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, and subsequently other target sites, identified as: IMMEDIATE SITES A.City Hall and Future Annex Address: 10300 / 10455 Torres Avenue Flexible use as future City Hall, combined public/private use such as City Hall and housing, or all private use as housing or BMR housing. B.Sports Center 21111 Stevens Creek Boulevard Flexible use with some public amenities retained. Potential redevelopment with residential and/or commercial with existing uses. OTHER SITES C.Senior Center 21251 Stevens Creek Boulevard Potential for ground floor public facility with above being senior independent, assisted living, or residential. D.Golf Course 22100 Stevens Creek Boulevard Continued open space or golf use. E. Service Center 10555 Mary Avenue Redevelopment opportunity to consider. A key objective is to create an economically sustainable project that may incorporate revenue generating uses in addition to required City functions. The Concord Group, as a consultant to Cumming, can provide an array of services to facilitate optimization of the properties and the fulfillment of the projects economic and community service goals. The initial focus will be a “go\no-go” scope leading to preliminary recommendation for the City Hall and Sports Center sites. We will determine in the “go\no-go” phase of work if there are market and financially viable opportunities for public/private development. Subsequently, City Council may authorize more detailed programming and financing plans on these and the other sites identified above. Our proposed phases reflect our scope of work based on our understanding of the City’s prioritized needs: 1. Cost neutral solution 2. Renovated/replaced City Hall with incorporated public space 3. Renovate/replace aging public facilities 4. Public service elements on all properties currently providing public services 5. BMR housing Therefore, the proposed scope of work is anticipated to include the following phases and services that proceeds from analysis through implementation. Scope of Work GO/NO-GO ASSESSMENT FOR CITY HALL AND SPORTS CENTER SITES A.Initial Market Reconnaissance and Program Opportunities identify the menu of residential product types (market-rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates. Identify housing development options based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. Identify a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. Reimbursables – $3000 Total (Including all air fair, hotel expenses, gas, meals, etc., for one two-person site visit by The Concord Group.) ADDITIONAL WORK SCOPE B. Scenario Programming: City Hall Focus Refine the programing menu to best fit the economic objectives for the site. Prepare “analogue case studies” to define the master plan vision. Perform built product values, net operating income and land value guidance for the various product types and densities considered, leading to alternative development scenarios. Provide estimates of proposed alternatives Work with City Officials and an architect/planning firm to create initial yield studies to determine “best fit” and three potential development site plan options for the Cupertino Civic Center Property, leading to a City Preferred option. Develop and/or confirm preliminary space needs for City Hall and other public/private uses desired and/or needed in the short term and long-term. This information will effectively serve as the new Master Plan for the City’s Civic Center. Meet with stakeholders to discuss findings and build consensus Work with City staff to coordinate efforts Present findings to City Council Deliverables: Summary document of findings, conclusions, and recommended actions City Council Presentation Conceptual estimates for programming options Reimbursables – $3000 Total (Including all air fair, hotel expenses, gas, meals, etc., for one in- person working session by The Concord Group.) C. Stakeholder Engagement (Optional) Identify a stakeholder strategy to successfully bring about consensus to support the preferred alternative(s). Meet with stakeholders to discuss findings and build consensus Work with City staff to coordinate efforts and make presentations to the City Council. Deliverables: Focus Group and Public Open House meeting agendas Reimbursables – TBD based on approved scope. Scope of Work D. Implementation Strategies & Development Implementation strategies and their execution are the heart of successful redevelopments plans. We are specialists in designing implementation strategies that achieve results, guide the next era of investment, activate underutilized properties and public spaces, and provide the energy and soul to communities, creating value for property owners and merchants and sustainable revenues for the local governments and agencies. We will provide specific actionable strategies based on the information and plans completed as part of this proposal. We will seek out public-private partnerships and project delivery approaches to develop new public facilities at lower costs than otherwise achievable under traditional project delivery methods. We will use and access our extensive network of developers in Northern California for this project. Deliverables: Due Diligence Checklist Development RFQ/RFP for the City Hall site Draft Project Development Schedule Draft Term Sheet E. Developer Negotiation/Transaction Closing We will negotiate preliminary deal terms (Letter of Intent or Memorandum of Understanding) and final purchase and sale/lease/development agreement or other P3 agreement with the preferred developer/tenants. Assist with any closing conditions leading to construction. Continue to meet with the City staff and City Council. F. Architect Procurement and Management (Optional) Prepare an RFP for Architectural services; receive proposals, level bids, and conduct interviews with Architect finalists; recommend award of contract and, in conjunction with City’s legal counsel, negotiate form of agreement. Manage the Architectural team through completion of Phase 1 Master Plan for the Civic Center Work with City staff and make presentations to the City Council Provide Design Management and Estimating for budget development Deliverables: Architectural Services RFP G. Future Services Provide GC and Consultant Procurement Management, Design Management, Construction Management & Closeout services for the properties listed, as required by the City of Cupertino. The phased work scope is outlined in greater detail on the following pages and will be conducted sequentially through the planning process. 1.Participate in a in-person kickoff-planning meeting with the City’s team to confirm objectives, the scope of the engagement and to debrief on the City’s required programming per each site, and to walk the sites in the field. 2.Analyze the properties with a specific focus on the market potential for creating private development opportunities that will assist in paying for a new City Hall, other facilities and other identified civic uses. 3.Define the Site's Primary Market Area (“PMA”), the area from which the majority of the demand will emanate for new development. a.Building on previous experience in the market area, gather selected socioeconomic trends for the above defined PMA, and analyze relative to demand for housing.. 4.Identify the Competitive Market Area (“CMA”), the area in which the proposed land uses will compete with other projects on a more or less equal basis. a.Survey selected competitive and comparable projects within the CMA and SMAs. 5.Analyze the findings of the research in Steps 1 through 4, above, and provide a preliminary menu of housing types (BMR, workforce, market rate) with supportable market scale/absorption and top-line price/rate/rent positioning, and estimated construction cost. a.Identify a menu of potential delivery methods that can be utilized for the project (including a range of Design- Build, and other available delivery approaches). b.Provide an initial “go/no-go” assessment for the utilization of a public-private partnership to finance new development on the sites, supported by high-level assessment of costs and revenues. 6.Conduct Working Session 1 (via web), supported by a Briefing Book of key exhibits to present our findings form this scope of work to the City’s team in format suitable for inclusion in a Staff Report to Council. Scope of Work Go/No-go Assessment For City Hall And Sports Center Sites A.Initial Market Reconnaissance and Program Opportunities Scope of Work 1.Supplement the reconnaissance from Section A above with additional information as required to enhance product specific conclusions. 2.Identify a panel of three (3) development analogues" of Civic and private redevelopment concepts designed to achieve the City’s civic uses and vision for the site and analyze relative to their planning, development, and marketing, including: mix of land uses and densities, amenity profiles, price/rent positioning relative to the regional competitive market, marketing programs and user/tenant/resident profiles. a.Evaluate the critical success factors from the case studies and assess the lessons learned at these analogues for applicability to the property. b.Utilize the results of the analogues analysis to support the three proposed development site plan options for the Civic Center property. 3.Perform land residual analyses and provide guidance as to resulting finished pad and built- product values for each of the development alternatives considered for the Site, characterized by: a.Market-driven top-line revenue assumptions generated above; b.Vertical construction costs (from our knowledge base as well as the team’s local contacts); c.Projected operating cost metrics based on assessed local/regional conditions. 4.Prepare development programming options & preferred option for the Site, relative to: a.Supportable land uses, including mixed- use and product densities (FAR); b.Target user/tenant/resident profiles c.Associated price/rent/lease points and market positioning; d.Absorption projections; e.Potential phasing; f.Underlying land values (at “finished pad”) and built values per product type; g.Prepare three (3) development scenarios for the development program, leading to a preferred Site Plan Option of the property based on the City’s established objectives, buildout timing and intensity. 5.Select, contract, and coordinate with architectural/design firm to prepare test-fit yield studies for the development scenarios and site plan options prepared above. a.The yield studies will incorporate analysis of property opportunities and constraints, and how the market-driven land use program(s) can be accommodated and/or refined as needed. 6.Work with City officials to identify preliminary space needs for City Hall and other public/private uses desired and/or needed in the short term and long-term. Additional Work Scope B. Scenario Programming: City Hall Focus Scope of Work 7.Create preliminary City Hall Site Plan by evaluating potential parcels/lots identified on the site not needed to support civic uses that can be sold, offered for long-term lease for private revenue producing uses and placemaking opportunities that can: (i) create a source of funds to offset costs associated with new public facilities. further catalyze desired commercial or mixed-use development nearby; and (ii) further catalyze desired commercial or mixed-use development nearby; 8.In this Phase, we will participate in Working Session 2 to debrief on modifications to Phase 1 conclusions and present the analytical results from Phase 2. 9.Following the working session, and incorporating its discussions, we will present our findings, conclusions, and recommended actions in a summary document suitable for internal use, as well as for presentation to third parties, such as public stakeholders, potential investors, etc. B. Scenario Programming: City Hall Focus (Continued) We will work with City officials to develop a specific Stakeholder Strategy tailored to meet the project’s needs. For purposes of our scope, we have included three of the six potential activities to inform, engage, and gather input from the identified stakeholders throughout the development of redevelopment option: a.Stakeholder Interviews - We can conduct interviews with key stakeholders in the community to gather input on assets in the area and potential opportunities to create catalytic development opportunities that support needed civic uses. b.Focus Groups - We can lead focus group meetings to get targeted input on the development plan effort or as a way to collect feedback on the draft vision particularly with individuals that may not participate in the stakeholder interviews or other meetings along with the real estate development community. c.Public Open Houses - We can hold public meetings that allow the community to stop- by during a defined time period and ask questions about development options and the process. d.Charrette/Community Workshop - We could conduct a half to full day workshop focused on the development plan vision and establishment of values. This workshop could include: an evening event; small group workshop exercises; open studio hours for the consultant team to work and the public is invited to stop by and provide input; and a presentation by the consultant team on the outcomes of the workshop. e.Pop-Up Events - We could conduct pop-up events that bring activities and information to engage the community where they are. Such events would be staged in busy locations. Pop-up events could be conducted to gather input on the development vision. f.Web -based Outreach - We can develop a project-specific web page for use on the City website to project updates, meeting notifications, and collect any desired survey data to help guide the planning process. C. Stakeholder Engagement (Optional) Scope of Work 1.Evaluate various project delivery approaches to achieve schedule, quality of construction, and reduced costs for public facilities (City Hall, fire station), including Design-Bid-Build, Design-Build, Progressive Design-Build, GC/CM, 63-30 financing, and other available delivery approaches authorized by State law. 2.Identify potential philanthropic contributions toward civic facilities and for any below market housing that may be included on the site (e.g., Apple Affordable Housing Fund) 3.Recommend project delivery and funding strategy approach for new City Hall along with catalyst development projects. 4.Provide the following marketing, recruitment, and development agreement negotiation services: a.Due Diligence Check List. We will identify a list of due diligence that should be completed as part of the proposed public and private development. We can also contract directly and manage these services for an additional fee as needed or desired. The reports identified by the checklist would ideally be prepared prior to the issuance of a Development Offering or Developer RFQ/RFP for the City Hall site. I.This list may include survey, title report, environmental report (Phase 1 and/or 2), geotechnical studies, environmental checklist, appraisal, and traffic impact analysis. Often such documents are provided to developers who register as interested parties during the Development Offering, RFQ/RFP process. b.Draft Project Development Schedule. A dynamic document (excel, Microsoft Project, or other common file type) that shows the expected major phases extending from any City development plan for its Civic Center property to groundbreaking for multiple phases of development. I.This will be a conceptual schedule since the timing and duration of future events is by nature uncertain. While actual timing will almost certainly differ from forecast timing, this is a valuable tool that can help stakeholders understand a reasonable schedule of events. c.Draft Term Sheet. A draft term sheet will be prepared including the proposed/ recommended terms of the development transaction for the available public land proposed to be sold or leased, including transaction/purchase price, developer requirements (e.g., construction of public facilities, certain commercial or mix-use development, shared parking, etc.), and expected roles and responsibilities for all parties. I.The purpose of a draft term sheet is to support future discussions and negotiations with potential developers, and to ensure expectations are achieved. Some or many expected deal points may also be included in Development Offering or RFQ/RFP documents. D. Implementation Strategies & Development Recruitment Scope of Work d.Development Recruitment. All marketing and solicitation materials will be prepared to recruit the desired development. We will use either a Development Offering process or a two-step process of a Request for Qualifications (RFQ) and Request for Proposal (RFP) to recruit and create a highly competitive selection process. A scoring and evaluation system will also be created to assist in the selection of a preferred development and team. Below are some key Development Recruitment elements: I.Contact potential developers, brokers, and other and create buzz around the development opportunity; II.Manage review and developer submittal ranking process III.Manage stakeholder meetings to discuss and/or rank submittals IV.Manage interviews with short-list of developers V.Manage meeting(s) to discuss and select preferred development team D. Implementation Strategies & Development Recruitment continued) 1.Negotiate preliminary deal terms (Letter of Intent or Memorandum of Understanding) with preferred developer/tenants(s) and negotiate and manage execution of purchase and sale/lease/development agreement or other P3 agreement with the preferred developer. Assist with any closing conditions leading to construction. a.Every purchase and sale or lease and development agreement of public property is an opportunity to develop a public-private partnership achieving far greater results than what can organically occur in the marketplace E. Developer Negotiation/Transaction Closing Scope of Work 1.Provide GC and Consultant Procurement Management, Design Management, Construction Management Closeout services for the properties listed, as required by the City of Cupertino. G. Future Services 1.We will work with City officials to develop an RFP for Architectural Services that is tailored to meet the Phase 1 Architectural needs. For purposes of our scope, we have included potential activities: 1.Architect Procurement: 2.We will leverage our industry connections to engage potential Architectural firms with similar industry experience for City governments 3.Develop a Scope of Services for City review and confirmation 4.Develop Evaluation Criteria for City review and confirmation 5.Receive and level proposals 6.Facilitate interviews with Architect finalists 7.Recommend award of contract 8.Negotiate form of agreement with City and Architect’s legal counsel 2.Architect Management: 1.Oversee Architect during all Phases F. Architect Procurement and Management (Optional) Fee Proposal Time and Fee Schedule The following timing and professional fees are required to complete the work scope: Cumming’s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner. Phase Duration Proposed Fee A – Go/No-Go Market Opportunity Assessment Covering City Hall and Sports Center Sites 4 weeks $30,000 Phase A Reimbursables -$3,000 B - Scenario Programming Covering City Hall/Civic Center Other properties to be determined as needed 6 – 8 weeks $40,000* Phase B Reimbursable -$3,000 Sub-total (Excluding Optional Work)$76,000 Market Opportunity for Additional Sites 4-5 weeks $48,000 C – Stakeholder Engagement (optional)TBD TBD D – Implementation Strategies & Development Recruitment -$30,000 - $48,000** E – Developer Negotiation / Transaction TBD $40,000-$85,000* F – Architect Procurement (Optional)TBD TBD G – Future Services (Optional)TBD TBD Reimbursable expenses Any reimbursable expenses incurred during Cumming’s performance of services, including, without limitation, all costs for personnel, travel within twenty-five (25) miles of the City’s geographic limits, per diem expenses, printing and/or shipping of deliverables will be billed at actual costs with 0% mark-up. Note: Fee in Phase 1 excludes Design Services subconsultant, typically $30,000-$40,000. Note: Fees will be specified prior to initiating steps 2 and 3 Our proposed fees are valid for thirty (30) days from the date of this proposal. The rates are subject to change on a yearly basis starting on January 1, 2024. SO_01 Cumming_TCG RE Strategy Final Audit Report 2023-09-12 Created:2023-09-12 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAbunOOKaHIVhQ0SnfUTrQauILYfkQMS1L SO_01 Cumming_TCG RE Strategy" History Document created by Julia Kinst (juliak@cupertino.org) 2023-09-12 - 8:32:06 PM GMT- IP address: 216.198.111.214 Document emailed to John Olsson (jolsson@cumming-group.com) for signature 2023-09-12 - 8:33:41 PM GMT Email viewed by John Olsson (jolsson@cumming-group.com) 2023-09-12 - 9:04:50 PM GMT- IP address: 46.173.244.59 Document e-signed by John Olsson (jolsson@cumming-group.com) Signature Date: 2023-09-12 - 9:05:11 PM GMT - Time Source: server- IP address: 12.1.37.226 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2023-09-12 - 9:05:13 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2023-09-12 - 9:18:10 PM GMT- IP address: 104.47.74.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2023-09-12 - 9:19:17 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Julia Kinst (juliak@cupertino.org) for signature 2023-09-12 - 9:19:18 PM GMT Document e-signed by Julia Kinst (juliak@cupertino.org) Signature Date: 2023-09-12 - 10:13:53 PM GMT - Time Source: server- IP address: 216.198.111.214 Agreement completed. 2023-09-12 - 10:13:53 PM GMT From:Olga Baban To:City Council Subject:Support Cupertino Sport Crnter Date:Sunday, October 15, 2023 9:17:15 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Curetino City Council, My name is Olga Baban, I’m Cupertino Sport Center member for many years. My kids started to play tennis at the summer camp in 2005. I’m playing tennis in USTA league and pickleball and I’m using other sport classes at Cupertino Sport Center. Cupertino Sport Center is a great place for our community for kids and adults. Please consider Sport Center to stay! Sincerely Olga and family Sent from AT&T Yahoo Mail for iPhone From:Jessica Chee To:City Council Subject:Cupertino Sports Center Date:Sunday, October 15, 2023 9:07:01 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, I hope this email finds you well. I am writing to you today as a concerned resident of Cupertino, deeply troubled by recent discussions regarding the potential closure of the Cupertino Sports Center, a vital community resource that has been an integral part of our city for many years. The Cupertino Sports Center is not just a facility; it is a cornerstone of our community, providing affordable access to a wide range of fitness and recreational activities, including gym facilities, tennis, basketball, badminton, and much more. This center has not only been instrumental in promoting physical health but has also served as a place for social interaction, fostering friendships and building a strong sense of community. For me, I have made wonderful new friends because of CSC. It has become an essential part of my life. contributing significantly to the well-being and overall quality of life in our new city. The potential closure of the Cupertino Sports Center would not only deprive our residents of a place to stay physically active but also disrupt the opportunity for friendships. I understand the challenges the city might be facing, but I urge you to consider alternative solutions and explore all available options to keep the Cupertino Sports Center operational. I kindly request that you and your fellow council members take our concerns into account and consider the broader implications of closing such a vital community resource. Thank you for your attention to this critical issue. We look forward to your prompt response and are ready to collaborate with you to ensure the Cupertino Sports Center remains a thriving part of our beloved city. Best, Jessica From:Randy Kunkee To:City Council Subject:Agenda item "Options for construction of a City Hall facility" - Leave CSC as-is Date:Sunday, October 15, 2023 8:30:41 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and Council Members, I recently became aware of plans being floated to redevelop the Cupertino Sports Center as a mixed facility. As a resident of Cupertino and a long time members of the Sports Center, I object to this planning. - The sports center is a home for many people, children and adults to play and learn together. - I have personally gone through many stressful times in my 65 years on this planet, and the Sports Center has been a constant source of sanity, friendship, kindness, and recreation. - I understand the need for housing. Yet paradoxically the number of households according to the reports, are predicted to decline in Cupertino. - Spending $27.5M on City Hall is a good deal. - Nothing in the report suggests why we need a $80M complex with a new civic arts center. There are many high schools and De Anza college facilities that can be used for this and they have plenty of parking. This should be tabled until such time as the finances are in order. - The report claims CSC is underutilized. What is the evidence for this? How is utilization defined? The report says nothing about revenue or expenses of the sports center. - The sports center has many non-Cupertino members whose membership fees benefit Cupertino. - Any plan to destroy CSC should account for the recreational impact that would have on our community.. If you build more housing, you'll need more places for recreation, not less. - There is nothing stated in the plan about how or when the capacity of CSC (tennis, pickleball, basketball, badminton, table tennis, racquetball) and the youth center would be replaced. - It is a safe place for adults and children to play together (read parents and their children too). - The sports center was recently renovated with structural changes for earthquake safety and new windscreens. I cannot attend Tuesday due to a business trip to the east coast. I wish I could be there to make a little noise and shout out a "Here, here!". But others will be, and they will be speaking for me as well. I hope you take my words to heart and give weight to my opinions and questions above. Regards, Randall Kunkee 21821 Monte Ct Cupertion CA 95014 From:Eugene Jivotovski To:City Council Subject:Preserve Cupertino Sport Center for the Community Date:Sunday, October 15, 2023 6:49:47 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council of Cupertino, I hope this letter finds you well. I am writing to express my strong concerns regarding the proposed plan to replace the Cupertino Sport Center with a city hall. While I understand the importance of infrastructure development and the need for civic facilities, I firmly believe that the Cupertino Sport Center is an invaluable resource for our community, especially for the youth and adults who use it for various recreational and social activities. The Cupertino Sport Center has been an essential part of our community for many years, providing a space where residents of all ages can engage in physical activities, learn new skills, socialize, and build lasting friendships. Cupertino Sports Center serves as a hub for tennis enthusiasts in Cupertino. Here are some key reasons why the Cupertino Sport Center must be preserved: 1. Recreational Opportunities: The tennis courts at Cupertino Sport Center offer a safe and welcoming environment for people of all ages to enjoy the sport. Whether it's casual games, competitive matches or tennis lessons, these facilities are a vital outlet for physical activity. 2. Affordable Lessons: The Sport Center provides affordable tennis lessons for children and adults. These lessons help individuals learn and improve their skills while fostering a sense of discipline and sportsmanship. 3. Social Interaction: The Sport Center promotes social interaction among our residents. Players often develop friendships, support networks, and a strong sense of community that extends beyond the tennis courts. 4. Youth Development: The Sport Center is crucial for the development of our youth. It provides a positive and constructive outlet for their energy and teaches them essential life skills like perseverance and fair play. I am not against the idea of a city hall, but I believe that our community's cultural and recreational resources should be preserved and enhanced rather than sacrificed. With thoughtful planning, it may be possible to find alternative locations or solutions that can accommodate the city hall without sacrificing the Cupertino Sport Center. Such an approach would ensure that we continue to offer our residents a place to pursue their passion for tennis and enjoy the many benefits that the Sport Center provides. I kindly request that the City Council reconsider the decision to replace the Cupertino Sport Center and explore alternative options to meet the growing civic needs while preserving our cherished recreational and social hub. Our community's well-being and sense of togetherness depend on maintaining such vital facilities. Thank you for your time and consideration. I hope that, together, we can find a solution that accommodates the needs of our community while preserving our valued Cupertino Sport Center. Sincerely, Eugene Jivotovski,Member of Cupertino Sport Center and Cupertino Tennis ClubPhone# 510-709-8600 From:Sadhana Karthikeyan To:City Council Subject:We need the Cupertino Sports Center Date:Sunday, October 15, 2023 5:41:48 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Cupertino Sports Center is such a great place in this community. It is important to us and we need it, so do not demonize it. From:Grace Haig To:City Council Subject:Cupertino Sports Center Date:Sunday, October 15, 2023 5:36:30 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Greetings to all city council, I love city of Cupertino because I have found over the years that Cupertino City runs the city with their residents in mind: from looking out for the communities when one of the neighbors is doing a rebuilding/remodeling, developing the Main Street, etc., to the recreational activities for all ages. I see children of all ages walking happily in CSC parking to their after school tennis clinics, not just during schools; any holiday breaks. The fitness programs are well liked by everyone. My friends in Sunnyvale love their Sunnyvale tennis club but they all wish that club would include a fitness room like CSC. CSC is a jewel in the Bay Area; it provides mental and physical well-being for all ages. City council should talk about how to improve the programs and not eliminate the facility. Please do keep in mind, once a land is sold, the city will forever lose opportunities to enrich the residents’ lives. It’s always easy to sell. However, if a city gives in to the profit seeking developers, the city owned property will diminish fast. Norway guards their natural resources for the next generations. Shouldn’t City of Cupertino guard their properties for the future generations too? Sincerely, Grace Haig A member of Cupertino Sports Center 205-2007 and 2009-present time From:Leslie Pruett To:City Council Subject:CRC viability in question Date:Sunday, October 15, 2023 4:19:08 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have been so pleased that Cupertino offers the Recreation Center to the community. It is so inclusive of all ages—I see members that are elderly, children and teens and adults. It really runs the gamut and that is so hard to find in Silicon Valley these days. It is also reasonably priced which is a treasure for many of us in this overpriced market— our options are few. Most of the sports clubs are owned by chains and are very expensive while the country clubs are catering to the tech industry professionals. There are few places for the average local residents to enjoy. When I arrived in this community 25 years ago that was not the case, but sadly today it is the case. If you raze the Community Center to build more commercial buildings or apartment buildings you will take a valuable piece of everyday life away from thousands of people and this is truly a tragedy. For such an affluent city, it seems like quality of life is being sacrificed for more money for real estate developers. Leslie Pruett Leskarpru @att.net From:morrismandel@aol.com To:Hung Wei; Sheila Mohan; Liang Chao; J.R. Fruen; Kitty Moore Subject:City Hall proposal feedback Date:Sunday, October 15, 2023 4:16:47 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members, I am appalled and outraged that the City of Cupertino is even considering a proposal to demolish the Sports Center in favor of a new City Hall + housing. The Sports Center is a beautiful and unique facility, where people of all ages and incomes gather to play tennis (and various other sports, including lessons where kids have the opportunity to get exposure to and learn a recreational activity that they can enjoy for a lifetime). It would be tragic to destroy this treasure that provides such healthy recreational outlets for so many. Sincerely, Morris Mandel, PhD Psychologist & longtime Cupertino resident From:George Mattinger To:City Council Cc:hungweichien@gmail.com; jrfruen@gmail.com Subject:Cupertino Sports Center Date:Sunday, October 15, 2023 3:31:31 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, My name is George Mattinger. My family has been living in Cupertino since 1998 and we have enjoyed the services and facilities provided by the City of Cupertino. I have long felt that one of the most compelling of those facilities is the unique Cupertino Sports Center. The Sports Center provides services to residents (and non-residents) from pre- school age to senior citizens. The value of the Sports Center to the community can easily be seen by its popularity. Tennis and pickleball courts are fully booked every evening, and many of the course and camp offerings fill up almost immediately. I recently heard the news that the city is considering a proposal with an option to eliminate the Cupertino Sports Center. This is extremely alarming. As more and more studies come out confirming the need for exercise and positive social interactions (the Sports Center provides both) for a long and healthy life, why would anyone on the council be inclined to think that depriving the city of this resource is going to be a benefit for the population? I consider the Cupertino Sports Center as one of the key facilities provided by the city. I strongly object to any proposal to eliminate the Cupertino Sports Center. Please consider other alternatives in the city's new plan. Thank you, George Mattinger 7848 Jeanette Court Cupertino, CA gmattinger@gmail.com From:Karthik Shan To:City Council Subject:We need CSC, do not demolize. Date:Sunday, October 15, 2023 12:00:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We need CSC, do not demolize. From:clairelouise@earthlink.net To:City Council Cc:santoarao@yahoo.com Subject:Replacement of City Hall Date:Sunday, October 15, 2023 6:35:04 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This letter supplements the one I sent you on Friday. Dear Cupertino City Council Members, When I heard yesterday that the city is considering converting the Sports Center into a muti-use location for a new City Hall and apartments as one of several options, I was dismayed. I led the effort to convince the City to purchase the Sports center more than 20 years ago and it has been a very good purchase. It is important for a city such as Cupertino to have such a facility. It provides infrastructure for tennis, ping-pong, pickel ball, racquetball, basketball, yoga, weight training, and exercise on a variety of machines for ~500* members who pay an average of $450* per year for the privileges. In addition, more than 1000* youths have been enrolled in tennis lessons there each year. After stewing over the news, I called Ms. Jean Bedord to find out why the City would consider such terrible action. Se explained that the City has had to refund a lot of tax money it collected from Apple because of a new state law and that it needs to replace the inadequate City Hall. Furthermore, the City does not have appropriate property on which to place the new City Hall. So, finding itself in such a set of circumstances it began considering alternatives, one of which involves replacement of the Sports Center with the City Hall and ~55 rental apartments. What the City does not seem to realize is that the Sports Center is one of many parks in the City. It is probably the 3rd most used of these following Creekside and Memorial. The hugh and cry from destruction of the Sports Center would be huge. The main difference between the Sports Center and other Parks is that it pays its own way. Fees equal or exceed operating expenses. So, I began searching for a more attractive alternative. I called an authoritative official of Sand Hill Properties and explained the City’s dilemma and asked if his company would consider building the required City Hall on the Vallco property. He said it would be possible, but in order to finance the construction of commercial space at the size needed by the City a reasonable multi-year lease would be required. Depending on the exact size requirement and the City’s specifications, it could be delivered as a standalone built-to-suit building or as part of a larger multi- use building. I see multiple advantages to this alternative. No up-front money would be required as Lease fees might not be charged until the new City Hall would be occupied. Furthermore, those fees could be accounted for as operating expense rather than capital expenditure. A City Hall at Vallco could be located on Stevens Creek Boulevard or Wolfe Road or even Vallco Parkway, so it would be convienent to all users. If the Council is interested, it will be important to move quickly so that best location might be reserved. Still more ideas that give the City the facility it needs while still allowing the City to retain its land could come out of a negotiation process with an experienced developer. As a 60 year homeowner in Cupertino, I have seen many extraordinary political events perpetrated by the City Council. If the Council decides to destroy the Sports Center it would be among the worst. The prior owner wanted to convert the Sports Center property into a bunch of Condos or a Trailer park 25 years ago and the City denied that request because that property is zoned for Recreational use. Nothing has changed in the intervening 25 years. The Council may have the power to make such a change, but the citizens would mount such an outcry that none of its members would retain their seats. A public private partnership is likely the city’s best option for procuring a safe City Hall. The City should first pursue the lease strategy outlined above before sacrificing an existing community resource such as the Sports Center. If the Council is interested, I could arrange a meeting with Sand Hill Properties to further discuss the details. Edward Hirshfield * these numbers need to be checked and corrected From:Gunjan Malviya To:City Council Subject:Proposal to erase Cupertino Sports Centre Date:Saturday, October 14, 2023 10:35:09 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, I have been a resident of this city for a long time. As a member of Cupertino Sports Center for many years, it has been a source of comfort to me. It is a place where the community can come together and constructively spend evenings and weekends. As an organized club, it offers more benefits than open tennis courts in parks. Both of my kids have learned tennis here. We participate in many club activities, which include using the gym, attending yoga classes, Strength-building classes, and tennis. I have heard that you plan to erase it, which has caused chaos in my family of four. Every member of our family is a member of this institution. In today's world, places like Cupertino Sports Center are rare due to ongoing developments. Why would you want to eradicate such an important institution? Why can't we find an alternative? Please do not disservice this beautiful city because some developers are pushing for it. Please think twice before coming up with this self-destructive proposal... Best Regards, Gunjan From:Andre Natal To:City Council Subject:No to the demolition of Cupertino Sports Center Date:Saturday, October 14, 2023 7:02:16 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. “Hello City Council, The Cupertino Sports Center is a crown jewel of Cupertino. It has Cupertino residents who have been members for decades. It is fully occupied usage starting 8am and stays fully occupied to closure at 10pm. There are 16 tennis courts which are used to teach 100s of your Cupertino kids per day. In addition it provides facilities for coaching badminton, ping pong, gym, personal training, basketball, pickleball, chess and racketball. Cupertino Sports Center is home to at least 5 - 8 USTA competitive league teams each season and there are multiple seasons (18+, adult, seniors in men’s and then the same for womens, then each of these across different competitive levels, after which likewise there are combo seasons and mixed seasons.). All in, any given year, there may be 60 - 100 league teams that call the Cupertino Sports Center home. Each league team on average has 20 players. This means at least 1200 - 2000 league players could be impacted, but if you reduce by 75% for duplicates, that still leaves at least 500 league players who call Cupertino Sports Center home affected. Suffice to say this. Court bookings open at 8am 7 days ahead. All courts are booked within 10 seconds of bookings opening. To recap, courts get taken 7 days in advance within 20 seconds of bookings opening. This happens daily. CSC is revenue generating and self sustaining. Patrons pay an annual or monthly membership. Annual memberships run from $400 - $550. In additions court time is leased to Lifetime which conducts kids lessons. We CSC patrons are therefore shocked that Cupertino city staff would even think of putting a proposal forward to eliminate the Cupertino Sports Center. I request you all to kindly oppose the inclusion of Cupertino Sports Center in agenda item 7 and reject any city staff recommendations to fund a conceptual plan involving the Cupertino sports center. Kindly do not allow even the start of a conceptual plan for the sports center. Pleas save our sports facilities. First the city proposed replacing BlackBerry farm golf course. Then it was memorial park softball fields. Now it is Cupertino sports center. Please leave our sports facilities alone. They are not meant to be handed over to developers. “ From:Tony Nhieu To:City Council Subject:CSC needs to keep open Date:Saturday, October 14, 2023 6:54:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, The Cupertino Sports Center is a crown jewel of Cupertino. It has Cupertino residents who have been members for decades. It is fully occupied usage starting 8am and stays fully occupied to closure at 10pm. There are 16 tennis courts which are used to teach 100s of your Cupertino kids per day. In addition it provides facilities for coaching badminton, ping pong, gym, personal training, basketball, pickleball, chess and racketball. Cupertino Sports Center is home to at least 5 - 8 USTA competitive league teams each season and there are multiple seasons (18+, adult, seniors in men’s and then the same for womens, then each of these across different competitive levels, after which likewise there are combo seasons and mixed seasons.). All in, any given year, there may be 60 - 100 league teams that call the Cupertino Sports Center home. Each league team on average has 20 players. This means at least 1200 - 2000 league players could be impacted, but if you reduce by 75% for duplicates, that still leaves at least 500 league players who call Cupertino Sports Center home affected. Suffice to say this. Court bookings open at 8am 7 days ahead. All courts are booked within 10 seconds of bookings opening. To recap, courts get taken 7 days in advance within 20 seconds of bookings opening. This happens daily. CSC is revenue generating and self sustaining. Patrons pay an annual or monthly membership. Annual memberships run from $400 - $550. In additions court time is leased to Lifetime which conducts kids lessons. We CSC patrons are therefore shocked that Cupertino city staff would even think of putting a proposal forward to eliminate the Cupertino Sports Center. I request you all to kindly oppose the inclusion of Cupertino Sports Center in agenda item 7 and reject any city staff recommendations to fund a conceptual plan involving the Cupertino sports center. Kindly do not allow even the start of a conceptual plan for the sports center. Pleas save our sports facilities. First the city proposed replacing BlackBerry farm golf course. Then it was memorial park softball fields. Now it is Cupertino sports center. Please leave our sports facilities alone. They are not meant to be handed over to developers. Rgds, Tony From:Deepak Shetty To:City Council Subject:Cupertino Sports Center Date:Saturday, October 14, 2023 6:44:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. “Hello City Council, The Cupertino Sports Center is a crown jewel of Cupertino. It has Cupertino residents who have been members for decades. It is fully occupied usage starting 8am and stays fully occupied to closure at 10pm. There are 16 tennis courts which are used to teach 100s of your Cupertino kids per day. In addition it provides facilities for coaching badminton, ping pong, gym, personal training, basketball, pickleball, chess and racketball. Cupertino Sports Center is home to at least 5 - 8 USTA competitive league teams each season and there are multiple seasons (18+, adult, seniors in men’s and then the same for womens, then each of these across different competitive levels, after which likewise there are combo seasons and mixed seasons.). All in, any given year, there may be 60 - 100 league teams that call the Cupertino Sports Center home. Each league team on average has 20 players. This means at least 1200 - 2000 league players could be impacted, but if you reduce by 75% for duplicates, that still leaves at least 500 league players who call Cupertino Sports Center home affected. Suffice to say this. Court bookings open at 8am 7 days ahead. All courts are booked within 10 seconds of bookings opening. To recap, courts get taken 7 days in advance within 20 seconds of bookings opening. This happens daily. CSC is revenue generating and self sustaining. Patrons pay an annual or monthly membership. Annual memberships run from $400 - $550. In additions court time is leased to Lifetime which conducts kids lessons. We CSC patrons are therefore shocked that Cupertino city staff would even think of putting a proposal forward to eliminate the Cupertino Sports Center. I request you all to kindly oppose the inclusion of Cupertino Sports Center in agenda item 7 and reject any city staff recommendations to fund a conceptual plan involving the Cupertino sports center. Kindly do not allow even the start of a conceptual plan for the sports center. Pleas save our sports facilities. First the city proposed replacing BlackBerry farm golf course. Then it was memorial park softball fields. Now it is Cupertino sports center. Please leave our sports facilities alone. They are not meant to be handed over to developers. “ Concerned Cupertino Resident Deepak Shetty Get Outlook for iOS From:Louis Satrijo To:City Council Subject:New City Hall Proposal Date:Saturday, October 14, 2023 6:36:35 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council My name is Louis Satrijo. Although I am a resident of West San Jose, I feel Cupertino has become my second home because my family and I often come to Cupertino to play tennis at the Cupertino Sports Center. Ever since becoming members of the Sports Center, my family and I would often be in Cupertino shopping for groceries, eating at nearby restaurants, buying gas, getting our tennis rackets strung, buying Boba tea, and buying pizza to take home after tennis. The Cupertino Sports Center brings people together from surrounding communities into Cupertino and many friendships are made there. Please consider keeping the Cupertino Sports Center as it is one of the things that draws people to Cupertino and distinguishes the city from other nearby communities. Yours truly, Louis Satrijo From:Kiran Kolpe To:City Council Subject:Regarding Cupertino Sport Center Date:Saturday, October 14, 2023 6:10:15 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino city council members, I have learned that there is a proposal to change the Cupertino Sports Center and build it for other uses. I want to strongly oppose any proposal to change the Cupertino Sports Center. It’s been an integral part for me and my family of 8. I understand that the city has other needs but I do not believe that we should tear down a place that has been a way of life for so many. I’m sure we can find other ways to go about solving the city hall needs. I’m seeking your support for this worthy cause so that Cupertino residents can continue to have the activities and places that makes it a unique place to call home. Thank you, Kiran Kolpe From:Long Jiao To:City Attorney"s Office; City Council Subject:City Hall Date:Saturday, October 14, 2023 5:52:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council members and City Attorney, The agenda item 7 for Council Meeting on 10/17/2023 caught my attention. The staff recommendation was to "pursue conceptual development of a mixed used Public Private Partnership for City Hall and the Sports Center properties." In my limited life experience, I had never seen a City Hall in a building mixed with residential units. This idea is unusual. Unusual ideas need unusual reasons. I would like to ask, especially to the City Attorney, do we have any legal obligation to do something (renovation or rebuild) to the City Hall? If there is such a legal obligation, what is the deadline to meet it? Thank you. Cupertino Citizen, Long Jiao From:Ellie Martindale To:City Council Subject:CSC Date:Saturday, October 14, 2023 5:41:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like to voice my objections to changing Cupertino Sports Center to a multi use/private space. I’ve been a member for fifteen years and use the facilities for tennis and fitness every week. It is a wonderful facility. Thank you for your consideration in this matter. Eleanor Martindale Sent from my iPhone From:bc95014@aol.com To:City Council Subject:City proposal to eliminate Sports Center Date:Saturday, October 14, 2023 5:27:49 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To member of Cupertino City council, I strongly disagree the proposal that attempts to take down the sports center in its current form and replace it with city hall or mixed use housing or any alternative that term power IoT or permanently impacts tennis at the sports center. This sport center is the only place I am playing tennis right now. I strongly request the city to keep it current location. In stead of removing it, you should consider upgrading the facilities. Thanks Ben Leung From:Catalin Cazangiu To:City Council Subject:Cupertino Sports Center re-development Date:Saturday, October 14, 2023 4:26:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear ladies and gentlemen of the City Council. My name is Catalin Cazangiu. I am Cupertino resident and i have been leaving and working in Cupertino for the past 10 years. Recently was brought to my attention through various sources that the Council is considering a proposal for redevelopment of the Cupertino Sports Center, potentially closing it down. I think it this is terrible ideea, the worse of the kind, and please allow me to tell you why. As many people loving in the South Bay area I spend my entire day sitting on a chair, working on a computer (in many cases 2-3 in the same time). Running at the end of the day to pick up kids from school and driving them to various activities. It is pretty stressful I could say and lack of fresh air and physical activity for the good part of the day takes its tall. I end up home with a huge headache and pretty much with no energy whatsoever. The things got worse during the pandemic, given stress of working from home while homeschooling the kids. The only thing that kept me going was a group of friends I made through the classes I used to take at Cupertino Sports Center. We all share a passion for tennis and i look forward at the end of a stressful day for 1-2h of playing tennis there. By the time i get back home the stress is gone, headache is gone…tennis at CSC is a pressure valve that allows me (and others in the community) to stay afloat. My kids started playing tennis there and over the years they picked up other sports at CSC. One of them os amongst the first 100 in California for his group of age and he has dreams of playing at the highest level. It all started at CSC when he was about 5. My older son goes to the gym there. It helps him to get through the teenager years, stay in shape and train for water polo. He is in the Varsity team Cupertino High and wants to play college water polo. Working out in the gym at CSC helps him with physical strengthening and conditioning. There are many people lives that gravitate around CSC. Young and old, skilled in sports or not so skilled, we all end up or start the day there, making friends and forgetting about stressful projects at work or other problems at home. I don’t think out town needs more commercial spaces (we have restaurants that opens and close within a year - there are too many), commercial buildings that are not used (Apple for example moves teams down to San Diego leaving some other their buildings half full). We lack good parks (remember the days when Memorial Park had water fountains, see the parks in Sunnyvale), biking trails (see Mountain View and Los Gatos), tennis courts are not near enough (for how many people picked up either tennis or pickerball since the pandemic), affordable gyms are nowhere to be found in Cupertino. So destroying the only place in Cupertino, that allows people to connect and relax, is a terrible and terrifying ideea. I hope for the sake of our community that you guys will consider these aspects and this proposal will be rejected in the end. Otherwise will look forward to the next round of elections to male out voices and wishes heard With respect Catalin Cazangiu Sent from my iPhone From:Bill Schein To:City Council Subject:Cupertino Sports Center Date:Saturday, October 14, 2023 1:06:44 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Is Cupertino City Council contemplating/proposing to build a "Mixed Municipal/Private" use facility? If yes, could this be considered an "Eminent Domain" attempt to acquire the property? Would the residents, voters, taxpayers have a voice in this? My vote is---leave the Sports Center alone. It serves a very useful purpose---I'm NOT a member of CSC. Thank you. Bill From:Gurpreet D To:City Council Subject:request about P3 plan regarding Cupertino Sports Center Date:Saturday, October 14, 2023 12:10:29 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council members, I am writing in regards to the P3 (Public Private Partnership) to replace the Cupertino Sports Center. The Cupertino Sports Center has been an integral part of our family for decades: all members of my family (including kids) have been using this facility for gym, tennis classes, tennis courts, basketball, etc, etc. And I know an uncountable number of other families that have been heavily using the Cupertino Sports Center in the similar way. How can the city think of replacing this beloved part of Cupertino which is currently being heavily used by the members and the Cupertino residents ? I use Cupertino Sports Center almost 5 times every week and the facility is flourishing by all kinds of members (all ages). Please rethink your plan and try talking to the hundreds/thousands of families that are using the facilities. Save our Cupertino Sports Center. Regards, Gurpreet Dhaman. From:Kumiko Takamatsu To:City Council Subject:Your Proposal to Eliminate Cupertino Sports Center Date:Saturday, October 14, 2023 12:09:35 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I am very saddened to hear that there is a proposal to eliminate the Sports Center. I am a resident of Cupertino and I have been a member of CSC for only 2 years. But I spent almost time there. CSC is Cupertino's only sporting facility. CSC is a very special place for many of us. It is a very well-managed facility. The staff is always very helpful and courteous. It's a great place to play tennis, take exercise classes, and work out in the gym so we can stay healthy. And it's good for kids, too. It's also a place where people make friends and form connections. All of these things are very important to our well-being. It has been even more important given what we have been through with the pandemic. During the lockdown, we couldn't do much, but being able to go to CSC to play tennis was life-saving. I hope that you will abandon this idea of eliminating CSC. Thank you for your consideration. Kumiko Takamatsu From:Kim Motzny To:City Council Subject:CSC Date:Saturday, October 14, 2023 11:37:51 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Cupertino City Council, I would like to keep the Cupertino Tennis Center, a tennis and fitness center open to the surrounding communities. I have enjoyed playing tennis here and doing fitness classes for over 15 years. Please keep it has been, Kimberly Motzny Sent from my iPhone From:Ctc Cupertino To:City Council Subject:Save Cupertino Sports Center Date:Saturday, October 14, 2023 7:12:46 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino Council Members, I am the President of Cupertino Tennis Club, which organizes tennis opportunities for members of the Cupertino Sports Center. We consist of approximately 330 members, who all greatly enjoy and appreciate the Sports Center. I strongly encourage the city of Cupertino to maintain the Sports Center as a tennis and fitness facility and not repurpose the property to a mixed use facility. The Sports Center is a great asset to the Community. Our programs enhance the experience for adult tennis players, allowing them to meet other players and participate in Leagues. I think it is awesome that The Sports Center positively impacts all age groups. It has a very strong youth tennis and recreation program and a very popular summer camp. The benefit the Sports Center provides all ages cannot be readily replaced. I strongly believe it would be a mistake for the city to eliminate the Sports Center. The benefits it provides the community are just too important to allow it to go away. Sincerely, Jeff Labadie President, Cupertino Tennis Club From:Jeff Labadie To:City Council Subject:Save Cupertino Sports Senter Date:Saturday, October 14, 2023 7:01:13 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino Council Members, I strongly encourage the city of Cupertino to maintain the Sports Center as a tennis and fitness facility and not repurpose the property to a mixed use facility. The Sports Center is a great asset to the Community. It is where many of us come to recreate, make friendships and enjoy some relaxation in a busy world. The Sports Center positively impacts all age groups. It has a very strong youth tennis and recreation program and a very popular summer camp. The benefit the Sports Center provides all ages cannot be readily replaced. I strongly believe it would be a mistake for the city to eliminate the Sports Center. The benefits it provides the community are just too important to allow it to go away. Respectfully yours, Jeff Labadie Sports Center Member From:Steve Spray To:City Council Subject:destroying Cupertino Sports Center Date:Saturday, October 14, 2023 6:55:34 AM Attachments:image.png image.png image.png CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I'd like to voice my support for keeping the Cupertino Sports Center, and keeping it in its current form. It's a unique and wonderful community resource, offering many great features in one place that's hard for ordinary community members to find anywhere else. I'm an avid tennis player, and it's very hard to support vibrant tennis programs without that combination of a lot of courts (best lights in the bay area), effective reservation system, USTA leagues, and group of tennis pros to support wide ranging tennis lessons for kids through adults. As an example of how the Cupertino Sports Center supports a large tennis community, I've included the list below of the USTA Northern California tennis league programs from just this year - 2023, over 70 teams, which are listed at https://www.ustanorcal.com/organization.asp?id=113 Thanks, Steve Spray From:Helen Low To:City Council Subject:Cupertino Sports Center Date:Friday, October 13, 2023 10:12:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I have been a long time member of the CSC and have enjoyed using the gym and especially the tennis courts. It is a very unique facility and very well maintained by the city. The CSC has provided many fun occasions, meeting friends and excellent tennis courts. I would hate to see it eliminated, therefore I am objecting to the proposal of the CSC being replaced by mixed use development. Please reconsider your proposal. Thank you, Helen Low 10396 Avenida Lane Cupertino, Ca 95014 Sent from my iPad From:Ekaterina Zhilinsky To:City Council Subject:Cupertino Sports Center Date:Friday, October 13, 2023 8:36:34 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I’m writing to express my strong opposition regarding a proposition to demolish a Cupertino Sports Center. I’m a citizen on Cupertino and strongly disagree with this new decision. Our city needs Cupertino Sports Center. Leave our sport facilities alone!! Regards, Ekaterina Z. From:Venkat Ranganathan To:City Council Subject:RE: Conceptual plan to convert Cupertino Sports Center to a mixed use facility Date:Friday, October 13, 2023 8:00:27 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, The Cupertino Sports Center (CSC) which was recently renovated is an important facility in Cupertino with city residents with some members using it for decades, paying upwards of $500 as membership fees, generating revenue from operations and leasing of courts for thirdparty coaching companies. There are 16 tennis courts as well as indoor and outdoor facilities for basketball, badminton, table tennis, gym, personal training facilities, pickleball, racquetball, chess and other sports. It is generally heavily used from opening to close and it is used to engage and teach many kids, particularly in tennis. The courts are very popular with slots taken up very fast as soon they are open to the public. Several USTA competitive league matches are held at CSC every year and closure of CSC will impact the league matches and players who participate in these matches. It was surprising to see that CSC will be part of a plan for a new development on its premises. I request the council to oppose oppose the inclusion of Cupertino Sports Center in agenda item 7 to be taken up on 10/17 meeting and reject the recommendations to fund a conceptual plan involving the Cupertino Sports Center. Thanks Regards Venkat From:Sharlene Leung To:City Council Subject:Demand not to demolish sport center Date:Friday, October 13, 2023 7:51:16 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Councils: Please do not demolish the sport center to be a high density mixed used buildings. We cherish the simple suburban environment. Please keep the city green, clean, healthy and low crime rate. Best, Charlene Leung Sent from my iPhone From:Snehal Panchal To:City Council Cc:Snehal Panchal Date:Friday, October 13, 2023 7:34:15 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, The Cupertino Sports Center is a crown jewel of Cupertino. It has Cupertino residents who have been members for decades. It is fully occupied starting at 8am and stays fully occupied until closing at 10pm. There are 16 tennis courts which are used to teach 100s of your Cupertino kids per day. In addition it provides facilities for coaching badminton, ping pong, gym, personal training, basketball, pickleball, chess and racketball. Cupertino Sports Center is home to at least 5 - 8 USTA competitive league teams each season and there are multiple seasons (18+, adult, seniors in men’s and then the same for womens, then each of these across different competitive levels, after which likewise there are combo seasons and mixed seasons.). All in, any given year, there may be 60 - 100 league teams that call the Cupertino Sports Center home. Each league team on average has 20 players. This means at least 1200 - 2000 league players could be impacted, but if you reduce by 75% for duplicates, that still leaves at least 500 league players who call Cupertino Sports Center home affected. Suffice to say this. Court bookings open at 8am 7 days ahead. All courts are booked within 10 seconds of bookings opening. To recap, courts get taken 7 days in advance within 20 seconds of bookings opening. This happens daily. CSC is revenue generating and self-sustaining. Patrons pay an annual or monthly membership. Annual memberships run from $400 - $550. In addition, court time is leased to Lifetime which conducts kids lessons. We CSC patrons are therefore shocked that Cupertino city staff would even think of putting a proposal forward to eliminate the Cupertino Sports Center. I request you all to kindly oppose the inclusion of Cupertino Sports Center in agenda item 7 and reject any city staff recommendations to fund a conceptual plan involving the Cupertino sports center. Kindly do not allow even the start of a conceptual plan for the sports center. Please save our sports facilities. First the city proposed replacing BlackBerry farm golf course. Then it was memorial park softball fields. Now it is the Cupertino sports center. Please leave our sports facilities alone. They are not meant to be handed over to developers. Snehal Panchal A Cupertino Resident. From:Snadra39 To:City Council Subject:Proposal to Close Cupertino Sports Center Date:Friday, October 13, 2023 7:00:12 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, My name is Sandra Miller and I am an active member of CSC. I use the facility on an almost daily basis to play tennis (including USTA) and workout in the gym. I have recently learned that there is a proposal out there to close the sports center and for me this is terribly disturbing. This is a place that plays a part in the lives of SO many people, both young and old; it helps them stay active and healthy as well as provides a sense of community. I do not understand why anyone would entertain the idea of taking away this Cupertino City facility and I am totally opposed to the proposal. Sincerely, Sandra Miller From:Kaushal Rao To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Opposition to the Conversion of the Cupertino Sports Center to a Mixed Use Facility Date:Friday, October 13, 2023 6:48:11 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Hung Wei, Liang Chao, Kitty Moore, Sheila Mohan, and J.R. Fruen, Hope you are all doing well. I am writing as a concerned resident of Cupertino (I have been here since 2004 and attended Lincoln Elementary School, Kennedy Middle School, and Monta Vista High School while growing up!) to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center has been a cornerstone of our community, and serves as a vital hub for exercise, recreation, and social engagement for countless residents over the years. I have personally enjoyed working out, attending fitness classes, and playing badminton at the Sports Center. It would ultimately be a disservice to our community to eliminate a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center to a public hall and to explore alternative options that can co-exist with the facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that we can find a solution that best serves the interests of Cupertino's residential community. Sincerely, Kaushal Rao -- Kaushal Rao kaushalrao101@gmail.com (408) 204-3911 | https://www.linkedin.com/in/kaushalrao101/ From:Amanda Kao To:City Council Subject:Save Cuoertino Sports Center Date:Friday, October 13, 2023 5:58:25 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to object to the proposal of closing the Cupertino Sports Center in order to build a mixed Municipal/Private use facility. Cupertino Sports Center serves a wide range of people who participate in sports activities to improve their health and well being. It is an important place for people to come together to compete, socialize and exercise. It supports a large number of children's activities as well. A lot of funding has recently gone into upgrading the facility and it is a well run and well maintained place that increases the mental well being of Cupertino residents and more. Please vote "no" to changing the use of the Cupertino Sports Center and keep it as it is. Sincerely, Amanda Kao CSC annual membership holder and CTC member From:Janet L Oshiro To:City Council Subject:Proposal to eliminate Cupertino Sports & Fitness Center Date:Friday, October 13, 2023 5:19:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, Please vote against eliminating the Cupertino Sports & Fitness Center, and leave it as it is today. I have been a long time member of the Sports Center, and since my retirement, I've been able to enjoy even more: the ability to reserve tennis courts, ball machine, participate in USTA tennis leagues, and the ability to use of the Fitness Center classes, sports court, and weights. The Sports Center is a huge part of my retired tennis and social life. Please vote against the proposal for eliminating the Cupertino Sports & Fitness Center, and leave it as it is today. Best regards, Janet Oshiro Cupertino Sports & Fitness Center member From:Vi-Nhuan Le To:City Council Subject:consideration for other uses for Cupertino Sports Center Date:Friday, October 13, 2023 2:54:47 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, I have been a long-time resident of Cupertino, since my family moved here in 1982. I have also been a long-time patron of the Cupertino Sports Center -- at least one decade. I have been informed that City Council is considering replacing Cupertino Sports Center with a mixed use facility. I am asking that you do NOT consider the Sports Center as a potential site for removal. This is the only gym in the area with the hours that can accommodate a variety of schedules. Gyms such as the YMCA, F45, and Orangetheory have terrible hours, not to mention none has tennis courts. From the looks of the parking lot in the evenings, I suspect that the Cupertino Sports Center is a revenue-generating asset to the City. And I would also suggest you consider the Sports Center staff, many of whom are local De Anza students who need jobs with flexible hours and schedules to accommodate their classes. Thank you for your consideration, Vi-Nhuan From:Nariman Nayrami To:City Council Subject:CSC Date:Friday, October 13, 2023 12:36:49 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Are you seriously considering turning the sports center into another mixed use facility? Has any one of you taken the time to visit the sports center on any Monday, Wednesday or Friday morning to notice that all the tennis courts are being used by seniors, men and women alike? Has anyone bothered to ask how many kids attend the tennis camp during the entire summer at the sports center? And what is your alternative suggestion for all the members, mostly retirees during the day, who use the facilities for exercise and as a way to connect with other residents in the community? Do you want us all at City Hall? The idea to convert a health center in favor of office space is a terrible proposition and I along with many members of the Cupertino Sports Center urge you to reject this plan and think about creating more open spaces for residents rather than additional office space to be used for City Hall or otherwise. Nick Nayrami 408-759-1714 From:Datla Asok To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Friday, October 13, 2023 11:08:38 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I have been a member at Cupertino Sports Center for 12 years and goes to CSC 6 days a week. Every time I go there every one gives a great smile to the familiar face, that makes the day GREAT Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Asok Datla 4831 Englwood Dr San Jose, CA 95129 From:Yuan-Ting Lin To:City Council Subject:Please DON’T replace sports center with housing!!! Date:Friday, October 13, 2023 11:01:44 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, The Cupertino Sports Center is heavily used by all the residents of all ages for years! It is essential for Cupertino to continue having this important facility for our residents’ wellbeing! Please DON’T replace it with housing projects!!! Thank you very much. Best, Yuan-Ting From:Tom Schmidt To:City Council Subject:Closing Cupertino sports club-Correction Date:Friday, October 13, 2023 10:05:55 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I am objecting to any proposal that attempts to take down the sports center in its current form and replace it with city hall or mixed use housing or any alternative that temporarily or permanently impacts tennis at the sports center. This facility is one that meets the needs of many voters on may levels. Exercise and socialization are just a couple of benefits I object to any proposal that at attempts to take down the sports center in its current form and replace it with a city hall or mixed use housing or any alternative that temporarily or permanently impacts tennis at the sports center Please DON’T DO THIS Thanks Tom Schmidt From:Tom Schmidt To:City Council Subject:Closing Cupertino sports club Date:Friday, October 13, 2023 9:44:02 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I am objecting to any proposal that attempts to take down the sports center in its current form and replace it with city hall or mixed use housing or any alternative that temporarily or permanently impacts tennis at the sports center. This facility is one that meets the needs of many voters on may levels. Exercise and socialization are just a couple of benefits I object to any proposal that at attempts to take down the sports center in its current form and replace it with a city hall or mixed use housing or any alternative that temporarily or permanently impacts tennis at the sports center Please do do this Thanks Tom Schmidt From:MARCIA ALICEA To:City Council Cc:Louie Email Subject:Save Cupertino Sport Center Date:Friday, October 13, 2023 9:29:17 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We urge you to keep the Sport Center as it currently exists. We have lived in Cupertino since 1984. We enjoy our quiet family-oriented community. I’ve been a member at the Sport Center since retiring in 2002–I love the Zumba classes and attend 4 times per week. It’s my social life. I have many friends I’ve met over the years there. My husband has been there even longer and uses the tennis courts regularly with his tennis buddies. We also use the workout equipment. When Bay Club arrived in Cupertino at the Vallco site, we looked into switching our membership. It was way too expensive and impersonal—just to have a convenient Starbucks!! The staff at the Sport Center are also a plus—they know us by name and make us feel welcome. The instructors are excellent! What about all the recent upgrades that have been done? Concerned Cupertino Citizens, Marcia & Louie Alicea Sent from my iPhone From:Santosh Rao To:City Council Subject:Please exclude Cupertino Sports Center from any conceptual plans or other plans to tear down our crown jewel sports facility. Date:Friday, October 13, 2023 9:28:59 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, The Cupertino Sports Center is a crown jewel of Cupertino. It has Cupertino residents who have been members for decades. It is fully occupied usage starting 8am and stays fully occupied to closure at 10pm. There are 16 tennis courts which are used to teach 100s of your Cupertino kids per day. In addition it provides facilities for coaching badminton, ping pong, gym, personal training, basketball, pickleball, chess and racketball. Cupertino Sports Center is home to at least 5 - 8 USTA competitive league teams each season and there are multiple seasons (18+, adult, seniors in men’s and then the same for womens, then each of these across different competitive levels, after which likewise there are combo seasons and mixed seasons.). All in, any given year, there may be 60 - 100 league teams that call the Cupertino Sports Center home. Each league team on average has 20 players. This means at least 1200 - 2000 league players could be impacted but if you reduce by 75% for duplicates that still leaves at least 500 league players who call Cupertino Sports Center home affected. I personally am an avid and active user of CSC. I organize weekly tennis for a group of 40-50 thrice a week and in addition I play on other groups another 2-3 times so I use the facility for tennis personally at least 5 days a week. I know most active players use the facility 5-6 days a week and there are enough groups rotating. Suffice to say this. Court bookings open at 8am 7 days ahead. All courts are booked within 10 seconds of bookings opening. To recap, courts get taken 7 days in advance within 20 seconds of bookings opening. This happens daily. CSC is revenue generating and self sustaining. Patrons pay an annual or monthly membership. Annual memberships run from $400 - $550. In additions court time is leased to Lifetime which conducts kids lessons. We CSC patrons are therefore shocked that Cupertino city staff would even think of putting a proposal forward to eliminate the Cupertino Sports Center. I request you all to kindly oppose the inclusion of Cupertino Sports Center in agenda item 7 and reject any city staff recommendations to fund a conceptual plan involving the Cupertino sports center. Kindly do not allow even the start of a conceptual plan for the sports center. Our humble request to each of you is whether you can make time to come to Cupertino Sports Center for a tour of the facility before the city council meeting. I can arrange a meeting of our players with you if you can make a visit. It would be preferred if you can visit between 5 - 6:30pm on a weekday. If not possible we can do anytime over the weekend after 11am. Kindly let me know your availability for a tour of CSC and a meeting with our CSC patrons. Thank you. Thanks, Santosh Rao From:Eva Low To:City Council Subject:Objection to elimination of Cupertino Sports Center Date:Friday, October 13, 2023 9:14:48 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino council members, I am writing to express my strong objection to the elimination of the Cupertino Sports Center in order to build a multipurpose city hall. Cupertino sports center provides recreational classes, tennis courts and gym to many Cupertino residents, including myself, my friends and neighbors. The facility is well maintained by dedicated staff members, it's one of the few places in Santa Clara county that offer affordable recreational classes and tennis courts. There are other options for a new city hall. I strongly object to eliminating Cupertino Sports center in favor of a new city hall. Eva Low 10461 Scenic Circle, Cupertino From:Ken Yamamoto To:City Council Subject:Sports Center Date:Friday, October 13, 2023 8:53:09 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Unfortunately, we will be out of town for the Oct 17 council meeting. The Sport Center is one example that makes Cupertino a great city. Cupertino has supported providing the public access to parks and recreational facilities in the past. Given the sad trend of obesity and exercising less, the Sports Center is a welcome opportunity for kids and adults to buck that trend. It would be an incredibly sad and miss leading decision if the Council feels depriving its residents of this facility is in the best interest of the community. Sincerely, Kenneth Yamamoto From:Rosemary Go To:City Council Subject:Keep the sports center Date:Friday, October 13, 2023 2:16:38 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City council. Please help to make the decision to keep the sports center. The city needs to keep this open as though it were open space, a park, a trail, a recreation area important for locals of all ages. The sports center is utilized and needed. Please don’t confiscate this facility. Rosie Go on the go From:Pinki To:City Council; hung@hungwei.org; Hung Wei; Liang Chao Subject:Opposition to eliminate the Cupertino Sports Center and Converting it into Mixed Use Facility Date:Thursday, October 12, 2023 10:50:01 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Pinki Gyanchandani 23030 Stonebridge Cupertino From:Pinki To:hung@hungwei.org; Liang Chao; citycouncil@cuoertino.org; Hung Wei Subject:Opposition to eliminate the Cupertino Sports Center and Converting it into Mixed Use Facility Date:Thursday, October 12, 2023 10:41:41 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Pinki Gyanchandani, 23030 Stonebridge, Cupertino From:Shirley Little To:City Council Subject:Your Proposal to Eliminate Cupertino Sports Center Date:Thursday, October 12, 2023 10:23:02 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I am very saddened to hear that there is a proposal to eliminate the Sports Center. I have been a member for over 10 years and am a resident of Cupertino. CSC is Cupertino's only sporting facility. CSC is a very special place for many of us. It is a very well-managed facility. The staff is always very helpful and courteous. It's a great place to play tennis, take exercise classes, and work out in the gym so we can stay healthy. It's also a place where people make friends and form connections. All of these things are very important to our well-being. It has been even more important given what we have been through with the pandemic. During the lockdown, we couldn't do much, but being able to go to CSC to play tennis was life-saving. I hope that you will abandon this idea of eliminating CSC. Thank you for your consideration. Shirley Little From:Tri Tran To:City Council Subject:Cupertino Sports Center Date:Thursday, October 12, 2023 9:43:45 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Don’t close it. !!!! What is wrong with you? We voted you in and you betrayed us? Don’t ever think about closing it or we will protest like you’ve never seen. Trí From:Susan Wuthrich To:City Council Subject:Cupertino sports center Date:Thursday, October 12, 2023 9:42:05 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. As a long time resident of Cupertino I strongly object to changing the use of the current sports center as is being considered. Not only am I long time resident of the city and a member of the sports center, I specifically voiced concerns of just this situation prior to the elections and I was ensured by those up for election (and subsequently voted in) of the support for this needed facility. Don’t not let us down now that we have supported you. This is one of the few places still left in this ever changing city that keeps us unified and healthy! This center provides a needed service to the community that cannot be replaced. It supports our health, our need for socialization and brings in others outside of our city to support our businesses! I strongly urge your support for this wonderful and needed center! Susan From:Vinay Ravuri To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 9:33:09 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Date: 10/12/2023 To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center andConverting it into a Mixed Use Facility Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as aconcerned resident of Cupertino to express my strong opposition to theproposed conversion of the Cupertino Sports Center into a mixed-use facility.Cupertino Sports Center, has been a cornerstone of our community, serves asa vital hub for exercise, recreation, and social engagement for countlessresidents. The Cupertino Sports Center has played an integral role in the lives of manyCupertino residents, offering a wide range of amenities that cater to thediverse needs of our community. It provides an exceptional setting forresidents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoyrecreational activities becomes increasingly important. The Cupertino SportsCenter has, for years, been a valuable resource for our seniors, allowing themto remain active and socially connected. The availability of group and privatetennis lessons, fitness classes, personal training, and a multitude of programscatering to various age groups makes it an invaluable asset for ourcommunity. In addition, the Cupertino Sports Center fosters a sense of community andunity. It provides a platform for residents to come together, share experiences,and form friendships through socials, inter-club tennis events, and otherprograms. The presence of a pro shop on-site and the option for ball machinerentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within ourcommunity. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to thepressing needs of our residents. We need spaces for physical activity,recreational sports, and social gatherings, especially for our aging population.It would be a disservice to our community to eliminate or diminish a facilitythat offers such a wide array of opportunities for the well-being and socialconnectedness of our residents. I urge the City Council to reconsider the proposal to convert the CupertinoSports Center into a public hall and to explore alternative solutions that cancoexist with the existing facility. Maintaining the Cupertino Sports Center in itscurrent form is vital to preserving the health and quality of life for manyresidents. Thank you for your time and consideration. I am hopeful that, together, wecan find a solution that serves the best interests of all Cupertino residents. Sincerely, Vinay Ravuri 20959 Greenleaf Drive Cupertino, CA 95014 From:Aanan Contractor To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 9:23:30 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Aanan Contractor 21770 Meyerholtz ct Cupertino From:Claudia Chang To:City Council Subject:Keep the Cupertino Sports Center! Date:Thursday, October 12, 2023 8:52:27 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the City Council, The City Council Staff Report for the meeting on 10/17/2023 outlined options for construction of a new City Hall facility. One option was described as below: Two properties are of a size to make an evaluation worthwhile: City Hall (including Community Hall) and the Sports Center. In both cases a project would involve removing the existing facilities and constructing a mixed use facility that meets a private development need as well as replacing the municipal need. I, as a Cupertino resident and member of the Cupertino Sports Center, ask you not to consider using the property of the Sports Center for the new City Hall for the reasons below: Removal of this facility would be a substantial downgrade to the city. Having a tennis/gym facility run by the city is a draw and only the best cities have them. Exercise, competition and learning opportunities is an essential part of community and people’s lives. Staying healthy, beginning and maintaining healthy activities is very important not to mention making connections with people of like mind. This would be very disruptive to the people who use the Sports Center and future members. People would have to find a new establishments to do the activities that are offered at the Sports Center. For tennis, the Sunnyvale Tennis center is the closest facility and is already very busy and expensive (and we wouldn’t have resident priority to book courts there). People who work out, would have to join other fitness clubs which would be less convenient and perhaps more expensive. Kids in the tennis programs would have to find other tennis training most likely farther away from home. I use the Sports Center about three times a week. If the center was not here, I know that I would not be playing as much tennis or exercising as much as I do now. A shiny new City Hall is not better than a Sports Center where people can gather to exercise, learn and engage in competitive tennis. In fact, why do we need a “brand new” City Hall? It’s much cheaper to renovate that to build new and the council should be mindful of the budget. We don’t need a fancy city hall, just a clean and safe city. The fact that you are even considering the Sports Center property is appalling. Please do the RIGHT thing, don’t waste any more time and money considering the removal of the Sports Center. Just because you can do it, doesn’t mean you should do it. Sincerely, Claudia Lee Cupertino Resident From:uvl narayana To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 8:40:48 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Date: 10/12/2023 To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports including tennis, pickleball, group classes, etc. , and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Venkata Uppuluri Sutherland Ave From:Ronald Leung To:City Council Subject:Re: City proposal to eliminate Cupertino Sports Center. Date:Thursday, October 12, 2023 8:25:07 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, My name is Ronald Leung. I have lived in the Cupertino/Sunnyvale area since 2010. I just heard the news that the city is floating a proposal with an option to eliminate the Cupertino Sports Center. I have been a tennis player since high school, and the Cupertino Sports Center is one of the most precious communities I have ever been a part of. In addition to the very well kept tennis courts, I have met people at the Cupertino Sports Center that I would cherish for the rest of my life. I would like to voice my objection to any proposal to eliminate the Cupertino Sports Center as it is an important part of our community. I hope you would consider other alternatives in the city's new plan. Best regards, Ronald Leung 1033 Celilo Dr, Sunnyvale, CA 94087 From:Rama Akkiraju To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 7:20:14 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Date: 10/12/2023 To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Regards Rama Akkiraju From:Uma Sabada To:hung@hungwei.org; Liang Chao; Hung Wei; City Council Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 7:16:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Date: 10/12/2023 To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Uma Sabada A member of Cupertino sports center for 10+ years From:BobbyS To:City Council Subject:Cupertino Sports Center Date:Thursday, October 12, 2023 7:10:55 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council I just want to voice my love of the Cupertino Sports Center. I’ve been a member for near 20 years and have met countless neighbors and citizens over those years! We all love the sports center and feel strongly that it remain the glue that binds the community together. Thanks Bobby Siu Sent from my iPhone From:Team Mizrahi ~ Dafna & Tina To:City Council Subject:Please don’t destroy are gym Date:Thursday, October 12, 2023 6:35:41 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please reply to all. Sincerely, Dafna Mizrahi (408) 315 -2414 From:Sirisha Kapoor To:Hung Wei; City Council; hung@hungwei.org; Liang Chao Subject:Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 6:33:24 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Date: 10/12/2023 To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Sirisha Kaipa 10610 E Estates Dr, Cupertino CA 95014 From:Deepali Dighe To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Please do not eliminate Cupertino Sports Center and convert it into a Mixed Use Facility Date:Thursday, October 12, 2023 5:34:53 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely, Deepali From:Dave Lee To:City Council Subject:Closure of Cupertino Sports Center Date:Thursday, October 12, 2023 5:18:52 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Cupertino City Council. I would like to express my strong opposition to the idea of closing Cupertino Sports Center that is being proposed. I am a resident of Cupertino. I play at CSC at least 3 times a week for tennis and using the exercise equipment. I have a group of tennis friends with over 30 players that we play every week at CSC. I have been a member of the CSC and the tennis club for over 16 years. Closing CSC would be a detrimental event to my health, my exercise routine and my life. Please keep the CSC open and the tennis courts available. Thanks, Dave Lee 11746 Pine Brook Court, Cupertino, CA 95014. From:Joe Stevens To:City Council Cc:Joe Stevens Subject:Agenda Item - October 17th Meeting - Construction of a City Hall Facility and Cupertino Sports Center (CSC) Date:Thursday, October 12, 2023 5:11:07 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Counsel, I am Cupertino resident, and I am writing to voice my concern and objection to the closing down of the Cupertino Sports Center (CSC). The CSC is a place that many Cupertino residents and others use to play a sport (e.g., tennis, pickle ball, basketball, racquet ball, etc.), exercise and generally come together socially. Thus, I believe that it is important to the Cupertino community and it would be a huge loss to the Cupertino community to close it down for the proposed “private use development (residential) and municipal use on one or multiple properties” in Cupertino. While it may be inconvenience to the people that work at City Hall, it seem likely this space would be a better choice to renovate versus the CSC, based on what I believe is the number of people that regularly use the CSC on a daily basis. However, I am assuming that the plan would not include closing Cupertino library. Regards, Joe Stevens Resident: 1053 Colony Hills Lane, Cupertino 95014 Joe Stevens • Partner PATTERSON + SHERIDAN LLP 50 West San Fernando St., Suite 250, San Jose, CA 95113 Main: 650.330.2310 Ext 3128 Direct: 650.384.4418 Fax: 650.330.2314 Email: JStevens@pattersonsheridan.com http://www.pattersonsheridan.com CONFIDENTIAL INFORMATION This transmission contains information from the law firm of Patterson + Sheridan, L.L.P. which is confidential or privileged. The information is intended to be for the use of the individual or entity named on this transmission. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this transmission in error, please notify us by telephone immediately so that we can arrange for the retrieval of the original documents at no cost to you. Alternatively, notify the sender by replying to this transmission and delete the message without disclosing it. Thank you. From:Lim Vo To:City Council Subject:Questions about City of Cupertino Proposing to Eliminate CSC Date:Thursday, October 12, 2023 4:58:44 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmen, Today, I learned from my friends that the City of Cupertino is considering the elimination of the Cupertino Sports Center (CSC). I would like to inquire about the reasons behind this decision. I've been a member of CSC for over a decade, and it has held a special place in our community. It's where we gather to play tennis, engage in leagues, create lasting friendships, and enjoy our time on the courts. Recently, my wife also joined the club and has been thoroughly enjoying the Bombay Jam classes. This has become her primary avenue to connect with people and make new friends. It's disheartening to hear that the city is contemplating replacing this valuable facility for other purposes. I strongly implore the city council to reconsider this proposal. Regards, Lim From:patti tonello To:City Council Subject:Objection to repurposing the Cupertino Sports Center property Date:Thursday, October 12, 2023 4:56:25 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I am writing to voice my objection to repurposing the Cupertino Sports Center for a mixed municipal and private use facility that would host the City Hall. CSC provides a space for a thriving tennis community, exercise classes, gym equipment, and children's sports programs. The city has spent significant funds to redo sidewalks for ADA compliance, painting, and maintenance. The center provides a place for folks to gather, meet, and build community and camaraderie and engage in health-promoting activities. Surely, this is an important component for any community. Please KEEP Cupertino Sports Center as is. There must be other, more suitable venues that are available for a mixed municipal/private use facility. CSC is a vital part of Cupertino. The city's ongoing investment in keeping CSC well maintained and functioning speaks volumes for what has historically been a priority in having a tennis center in Cupertino. Thank you for your time. Patti Tonello From:Doris Lau Beyers To:City Council Subject:Cupertino Sports Center Date:Thursday, October 12, 2023 4:49:15 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I recently heard that there was a recommendation to replace the Cupertino Sports Center with a new City Hall or some other type of development. My initial reaction was sadness and to then think of how it would be such a huge loss for our community. My family, friends, and I have all taken classes at the Cupertino Sports Center or were members. They offer Lifetime Activities such as tennis for youth through adults. Currently, my 7 year old daughter is taking tennis lessons there. It is a great location for families in the community to get physically fit, especially the young ones. When I drop my daughter off, we see families socializing before classes begin and afterwards. Since classes are usually for kids similar in age, the students run into their classmates. I know I've run into students at the Cupertino Sports Center and everyone says it is a convenient location and they offer multiple classes that run simultaneously. We all know school sites are unable to all offer classes such as what the Cupertino Sports Center has. There are no tennis courts at the elementary schools and the instructors at the Sports Center and facility are wonderful. Camps are also available during school breaks. Driving by, I always see adults with their families enjoying tennis or going into the Sports Center to stay fit. We should not be taking away something that offers services to keep our community physically fit. I urge you to reject agenda item 7 staff recommendations and refuse to grant permission to move forward with conceptual plans to replace the sports center with a city hall project. The city needs to support and encourage sports facilities. Thank you, Doris Beyers From:a dou To:City Council Subject:we need cupertino sports center to stay Date:Thursday, October 12, 2023 4:32:03 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. hi Dear city council members, it was very shocking to hear there is a proposal to eliminate cupertino sports center, my family would be strongly against this proposal, CSC provides great services to the local community, it is a very special place for tennis social , for building a community, many adult and youth classes, gym equipments , cant imagine a life without it , hope we can keep this center for cupertino residents for years to come . Thanks for your attention! Best regards! Si dou (Amy ) a cupertino resident From:Analiza Dolor To:City Council Subject:Please Do Not Eliminate the Cupertino Sports Center Date:Thursday, October 12, 2023 4:16:40 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, Please do not eliminate the Cupertino Sports Center. It's been my sports center for over 22 years. I have enjoyed being a member of this Center and even had family membership. My two kids grew up with the Child Watch Center when they were young. It would be a very sad loss if it was eliminated. There is no other affordable and welcoming Sports Center nearby. Sincerely, Analiza Dolor CSC Member since 2001 From:Amy Mao To:City Council Subject:Please don’t do it!!!! Date:Thursday, October 12, 2023 4:11:31 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Cupertino Mayer, My name is Amy Mao, I’m 65 years old, I play tennis and gym work out at Cupertino sports center almost every day, I can’t imagine if there is no sports center, my life will be? We don’t want moving out of Cupertino because sports center I will say! So please it’s the time, you, as our resident manager, city’s executive director, to help us now for protecting our Cupertino sports center! Warm regards! Your voter! Amy Mao Sent from Yahoo Mail for iPhone From:Ty Bemis To:City Council Subject:Keep the Sports Center Date:Thursday, October 12, 2023 4:04:51 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Sports Center is vital to our residents and is highly used and valuable service to our city. If you need to build a new city hall, use the existing property. Do not consider the Sports Center property. Leave our Sports Center alone! Ty Bemis Sent from my iPad From:Aj Wu To:City Council Subject:Cupertino Resident Objects to repurposing of the Cupertino Sports Center. Date:Thursday, October 12, 2023 3:41:50 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Sir/Madam: I am a long time Cupertino resident. I would like to take this opportunity to voice my objection to the discussion regarding repurposing the Cupertino Sports Center. The center provides essential and well priced recreational services for local children, families, adults and the elderly that are not readily available elsewhere. My children had their first swim lessons at the Cupertino Sports Center. They went on to take tennis, basketball classes and now attend the gym when they are back from college. I am a long time and continuous member of the Cupertino Sports Center. And I am pleased to have my tax dollars support this wonderful facility. In summary, I am a Cupertino resident who objects to the repurposing of the Cupertino Sports Center. Please let me know that you have received this e mail. Sincerely, Ava Yee Sent from my iPhone From:tfym To:City Council Subject:Stop your proposal to repurpose the Cupertino Sports Center Date:Thursday, October 12, 2023 3:40:50 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We are in shock to hear there is even such a proposal!!!! CSC has been a place that community members meet to engage in sports activities to ensure the health qualities of its members. Who doesn't want a healthy community? Who wants to end a facility which has been home to its members for years and years? We are strongly opposed to the proposal! We want our CSC to continue to serve its members. Please listen to the voice of the CSC community. God bless you all! rose From:Chitra Shankar To:City Council; hung@hungwei.org; Hung Wei; Liang Chao Subject:Opposition to eliminating the CSC and converting it into a mixed use facility Date:Thursday, October 12, 2023 3:22:37 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concerned resident of Cupertino to express my strong opposition to the proposed conversion of the Cupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been a cornerstone of our community, serves as a vital hub for exercise, recreation, and social engagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertino residents, offering a wide range of amenities that cater to the diverse needs of our community. It provides an exceptional setting for residents of all ages to engage in physical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreational activities becomes increasingly important. The Cupertino Sports Center has, for years, been a valuable resource for our seniors, allowing them to remain active and socially connected. The availability of group and private tennis lessons, fitness classes, personal training, and a multitude of programs catering to various age groups makes it an invaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. It provides a platform for residents to come together, share experiences, and form friendships through socials, inter-club tennis events, and other programs. The presence of a pro shop on-site and the option for ball machine rentals further enhance the accessibility and convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community. However, converting the Cupertino Sports Center into such a venue would result in the loss of a valuable resource that caters to the pressing needs of our residents. We need spaces for physical activity, recreational sports, and social gatherings, especially for our aging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and social connectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Center into a public hall and to explore alternative solutions that can coexist with the existing facility. Maintaining the Cupertino Sports Center in its current form is vital to preserving the health and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find a solution that serves the best interests of all Cupertino residents. Sincerely Chitra Shankar Sent from my iPhone From:della O To:City Council Subject:Proposal to eliminate CSC Date:Thursday, October 12, 2023 3:18:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have been the CSC member for more than 13 years, this is the place gives us joys And happiness, we play tennis, join USTA, inter clubs, using the equipments to improve our physical and mental toughness. I hope you can withdraw your proposal, as the member of CSC I strongly oppose The proposal of Eliminating this place for the use of other purpose. Thank you for your consideration. Della Ong Sent from my iPad From:Elizabeth Grover To:City Council Subject:Re Proposal to eliminate Cupertino Sports Center Date:Thursday, October 12, 2023 3:17:40 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the Cupertino City Council: I have been a member of the Cupertino Sports Center for the past two years—I would estimate I use the tennis courts there on a daily basis, sometimes twice a day. There are hundreds of members of CSC of all ages who view the facility not just as aa space in which they can participate in tennis as well as other activities, but as a community and an integral part of the city of Cupertino. Additionally part of its appeal is that it is affordable for families, couples and singles, unlike the numerous private country clubs in the mid-peninsula area. I strongly oppose the proposal to eliminate this facility. Please consider other options. Thank you, Elizabeth Grover From:Paul L To:City Council Subject:City proposal to eliminate Cupertino Sports Center Date:Thursday, October 12, 2023 2:36:50 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, My name is Paul Le and I have been a member of CSC since 2019. It is disheartened to hear that the Council is considering a project that would involve removing CSC for construction of a City Hall facility. This Sports Center has been an invaluable community health center for residents to exercise, play tennis / racquetball / pingpong / basketball / pickleball and build friendships. I cannot imagine Cupertino without the Sports Center. It has been part of the city for many many years. It is what makes Cupertino a well balanced community. I urge the City Council to please consider the alternatives and leave CSC as is. Thank you! Paul Le From:Johnson Fong To:Hung Wei Cc:City Council Subject:Please do not transform the Cupertino Sports Center into a City Hall. Date:Thursday, October 12, 2023 2:20:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Honorable Mayor Hung Wei and Cupertino City Council Members, Please do not transform the Cupertino Sports Center into a City Hall. Please find another location. The Cupertino Sports Center (CSC) is a wonderful place for hundreds of family members and friends to play tennis and exercise. I have seen friends, fathers, mothers, and their children spending time together and bonding. This is a very rare occasion in the fast paced cities of the Silicon Valley. The opportunity for families to spend time together is crucial to develop a harmonious society. Without positive experiences and meaningful bonding, often times, family members will lose touch with each other and drift off. Confucius had said the family unit is the building block of a harmonious society. The Cupertino Sports Center has the proper setting to foster this environment. For the sake of a better Cupertino tomorrow and today, please take this request into consideration. I appreciate your time and consideration. Sincerely, Johnson Fong CSC Member From:Sekhar Sarukkai To:City Council Subject:Cupertino Sports facility! Date:Thursday, October 12, 2023 1:14:20 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I urge you to reject agenda item 7 staff recommendations and refuse to grant permission to move forward with conceptual plans to replace the sports center with a city hall project. As someone with a yearly membership of the sports facility, it is one of the unique benefits I cherish that the city of Cupertino offers compared to other neighboring cities. This is an important facility for both families and seniors that the city needs to support and invest in rather than eliminate. Leave our sports facilities alone! Sekhar From:Sathya Kumar To:City Council; hung@hungwei.org; Liang Chao; Hung Wei Subject:Re: Opposition to Eliminating the Cupertino Sports Center and Converting it into a Mixed Use Facility Date:Thursday, October 12, 2023 12:32:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Date: 10/12/2023 To: Cupertino City Council Members, 10300 Torre Ave, Cupertino, CA 95014 Subject: Opposition to Eliminating the Cupertino Sports Center and Converting itinto a Mixed Use Facility Dear Hung Wei, Liang Chao, Kitty Moore, Shiela Mohan and JR. Fruen, I hope this letter finds you in good health and high spirits. I am writing as a concernedresident of Cupertino to express my strong opposition to the proposed conversion of theCupertino Sports Center into a mixed-use facility. Cupertino Sports Center, has been acornerstone of our community, serves as a vital hub for exercise, recreation, and socialengagement for countless residents. The Cupertino Sports Center has played an integral role in the lives of many Cupertinoresidents, offering a wide range of amenities that cater to the diverse needs of ourcommunity. It provides an exceptional setting for residents of all ages to engage inphysical activities and maintain their well-being. As our population ages, the need for outlets to exercise, socialize, and enjoy recreationalactivities becomes increasingly important. The Cupertino Sports Center has, for years,been a valuable resource for our seniors, allowing them to remain active and sociallyconnected. The availability of group and private tennis lessons, fitness classes, personaltraining, and a multitude of programs catering to various age groups makes it aninvaluable asset for our community. In addition, the Cupertino Sports Center fosters a sense of community and unity. Itprovides a platform for residents to come together, share experiences, and formfriendships through socials, inter-club tennis events, and other programs. The presence ofa pro shop on-site and the option for ball machine rentals further enhance the accessibilityand convenience of the facility. I understand that public mixed-use facilities serve a unique purpose within our community.However, converting the Cupertino Sports Center into such a venue would result in theloss of a valuable resource that caters to the pressing needs of our residents. We needspaces for physical activity, recreational sports, and social gatherings, especially for ouraging population. It would be a disservice to our community to eliminate or diminish a facility that offers such a wide array of opportunities for the well-being and socialconnectedness of our residents. I urge the City Council to reconsider the proposal to convert the Cupertino Sports Centerinto a public hall and to explore alternative solutions that can coexist with the existingfacility. Maintaining the Cupertino Sports Center in its current form is vital to preserving thehealth and quality of life for many residents. Thank you for your time and consideration. I am hopeful that, together, we can find asolution that serves the best interests of all Cupertino residents. Sincerely, Sathya Kumar 7967, Folkestone Dr, Cupertino, CA, -95014 -- Ravi Kumar Mobile - 408-821-2481 -- Ravi Kumar Mobile - 408-821-2481 From:Xindi Xu To:City Council Subject:Cupertino - City proposal to eliminate Sports Center Date:Thursday, October 12, 2023 12:11:23 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, I just heard the news that the city is floating a proposal with an option to eliminate the Cupertino Sports Center. I consider the Cupertino Sports Center as one of the key facilities provided by thecity, and it has built a strong sense of community for people who are looking to stayphysically active and learn new skills. It is also a great educational facility thatprovides programs for children after school and encourages them to try new thingsand cultivate friendships. The center is always packed and is very popular in thecommunity for people of all ages and backgrounds, providing a sense of belonging. I object to any proposal to eliminate the Cupertino Sports Center. Please consider other alternatives in the city's new plan. Thank you, Xindi Xu From:Akshaya Padhi To:City Council; Hung Wei Subject:Opposing City proposal to eliminate Sports Center Date:Thursday, October 12, 2023 12:01:51 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear mayor and members of city council, I would like to oppose the idea of eliminating Cupertino Sports center where I am a member. Thanks. Regards, Akshaya Padhi From:Sandra Pelino To:City Council Subject:Cupertino Sports Center - is vital to the health of the community Date:Thursday, October 12, 2023 11:37:55 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, My name is Sandra Pelino I have been a member of the Cupertino Sports Centre for many years now. I use the tennis facilities there almost every day. I was very shocked to hear the news that the city is floating a proposal with an option to eliminate the Cupertino Sports Center. This is an alarming issue. The Cupertino Sports Center is considered to be an icon of Cupertino city. The tennis courts and the exercise facility (together with the exercise classes) provide a safe and comfortable environment for its vast number of members to enjoy. If you do not keep this facility, where are all the members going to go to keep fit, is the health and wellness both physical and mental not important to the council? I consider the Cupertino Sports Center as one of the key facilities provided by the city. I object to any proposal to eliminate the Cupertino Sports Center. Please consider other alternatives in the city's new plan. Thanks, Sandra Pelino From:arjun ghatak To:City Council Subject:Cupertino Sports Center Date:Thursday, October 12, 2023 11:34:32 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I understand there is an agenda item for the 10/17 mtg to redevelop the Cupertino Sports Center into housing / city hall purposes. I have been a member of this club and a long time local for over 15 years. This club is perhaps one of the best facilities I have been a member of - it is tragic that such a proposal is even being brought up for consideration. Rather than further development - we should consider what brings good health and social engagement for our residents and neighbors. I have made life long friends and stayed in good shape because of facilities like this. I would actually encourage the city to make more of these rather than add to traffic and human density in our neighborhoods. Please reject this proposal outright - I happy to come by to your office and enumerate the Sports Center benefits. Please let me know your thoughts. Arjun From:Shrinivas Venkatraman To:City Council Subject:Oppose removal of Cupertino Sports Center Date:Thursday, October 12, 2023 10:38:27 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am a member of Cupertino Sports Center, and along with hundreds of others, I truly enjoy this facility. It has more than a 16 tennis courts which are easily accessible compared to the other public courts in Cupertino. Nobody enforces time limits on public courts, and many tennis coaches keep playing on public courts for hours together. On a personal level, Cupertino Sports Center has helped me with my health goals tremendously, and losing it would be devastating for.me and my health. Please reconsider this proposal which will hurt hundreds of members that use the facility regularly. Yours Sincerely, Shrinivas From:Karen To:City Council Subject:No on sport center conversion Date:Thursday, October 12, 2023 10:28:00 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council members, As Cupertino resident of 30 years, I am disappointed to learn that our beloved Cupertino Sport Center is being considered for mix use facilitiy to meet the private needs of Cupertino. The sport center is my life!! My family and I play tennis there at least 5x a week. We are very much involved in the Cupertino tennis league and social activities. My children play tennis there and are enrolled in classes. I’ve met so many great people who love the sports center and love playing tennis there. We are constantly inviting friends to join CSC. I think there are no other places that compare to the sport center. It is one of Cupertino’s greatest attractions!! It would be a shame to convert the sports center into a mix use facility for folks that don’t live in Cupertino. It’s crowded as it is with “mixed use “ facilities. Sent from my iPhone From:Holly Yip To:City Council Subject:Cupertino Sports Center Date:Thursday, October 12, 2023 9:40:02 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi City of Cupertino Council, We are residents of Cupertino and we do not agree with turning Cupertino Sports Center (CSC) into a private use facility that will host the City Hall. We are members of CSC and make frequent visits to the gym, classes and tennis courts. Our community at CSC makes CSC a saving grace to get our community together for classes, where members (young and old) get to participate in USTA tournaments and represent the city of Cupertino nationwide. Our junior programs are well respected nationwide and both our tennis and pickleball courts and classes are filled with beloved coaches. We will fully NOT vote and NOT agree to turning CSC into a mixed municipal and private use facility that will host the city hall. Thank you, Holly Yip From:Lori Cruz-Spray To:City Council Cc:Lori Cruz-Spray Subject:Expressing my support for the existing Cupertino Sports Center and strongly object to replace the Sports Center with an alternate facility of any kind Date:Thursday, October 12, 2023 12:06:22 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To who it may concern: I just recently heard from fellow Cupertino Sports Center pass-holders, that there is a proposal to replace it in its current form and replace it with city hall or mixed use housing. I am shocked and completely against this proposal! My husband and I have been Cupertino Sports Center annual pass holders since 2007! Being pass-holders has changed our lives and I know countless others! We have been playing tennis there several times a week, play on tennis league teams out of there, and use the facilities, as well as Lifetime Activities classes - for over 16 years! Pass-holders have created quite a community - I have hundreds of friends there. We all would be absolutely devastated if anything happened to the sports center! Please reconsider this proposal and find another location for this!! - Lori Cruz-Spray Cupertino Sports Center annual pass-holder since January 2007 From:madhumita.datta@yahoo.com To:City Council Subject:Please keep Cupertino Sports Center operational Date:Thursday, October 12, 2023 12:01:07 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: I strongly oppose the proposal to eliminate Cupertino Sports Center to build City Hall and mixed use facility. CSC is integral to me to lead a fit life as I play tennis there 4-5 times a week and have built a wonderful community with the fellow tennis players. Cannot imagine my life without CSC. Please find an alternative site for the City hall. Best regards, Madhumita (Mita) Datta Cupertino Resident ------------------------------------------------------------------------------------------------- Madhumita Datta, Ph. 301-560-0924 (home), 650-919-4287 (mobile) From:dongmei cao To:City Council Subject:No to the proposal options (P3 Option) is to eliminate the Sports Center and turn the location into a mixed municipal and private use facility that will host the city hall. Date:Wednesday, October 11, 2023 11:55:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I have been a member of CSC since 2008 and have enjoyed being part of the great facility. I can say it's a home from home to me and to many other members. We strongly object to the city's proposal to take it away from us! Please respect all the CSC members' opinions and give all the long-standing as well as new members our own space where we enjoy great sports and friendship as well as a place where we exercise our body and mind. Thanks, Sincerely, Dongmei Cao Member of CSC since 2008 From:June Ong To:City Council Subject:Saving CSC Date:Wednesday, October 11, 2023 11:52:20 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello- have been a CSC member since 2010. I have brought my children there to take tennis lessons. My family and I use the gym and I play tennis several times a week there. I love the convenient location as well. Please take into consideration that so many members love using this facility and really enjoy the convenient location that it currently is located. Please keep CSC around and keep it in the sane location. Thank you June Ong From:Ravi Rajagopalan To:City Council Subject:Opposing voice to repurposing Cupertino Sports Center Date:Wednesday, October 11, 2023 11:50:34 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Cupertino council members, I read about the proposal to evaluate CSC as a multi use site for constructing a city hall. I play regularly at the CSC. It is a wonderful facility that is used by many. It adds a lot of value. Iam not sure what the pressing need for a city hall is. But please do not takedown something that adds so much value to construct one. Current facilities for the council are sufficient. Thanks, Ravi Rajagopalan From:Srikantan Nagarajan To:City Council Subject:Please retain existing Cupertino Sports Center Date:Wednesday, October 11, 2023 11:40:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, Please do not change the existing Cupertino Sports Center. It is an amazing city facility that is considered a gem in the Bay area. It is well used by tennis and fitness lovers alike. It would be a tragedy if the existing facility were considered for other purposes. Sincerely Dr. Srikantan Nagarajan From:Srinivas Ketavarapu To:City Council Subject:Opposition to the plan to replace the Sports Center Date:Wednesday, October 11, 2023 11:23:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I understand that one of the proposals on the table is to replace the Cupertino Sports Center with a city hall. I have been a Cupertino resident for over 20 years and I am communicating in no uncertain terms that it is an extremely bad idea. I use the facilities at the Sports Center 2-3 times a week and have been doing so for over 10 years. It is highly utilized and I am sure that the dues that the members pay are also significant. Any suggestion to shut down this facility would be an extremely bad one. Regards, Srinivas Ketavarapu 10556 Manzanita Ct Cupertino From:jonathan cheng To:City Council Cc:jonathan 鄭立華 cheng JC Subject:save the Sports Center Date:Wednesday, October 11, 2023 11:11:13 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Cupertino City Council The Sports Center is a jewel of the city of Cupertino. I want to express my strong objection of any plan which may eliminate the Sports Center and turn the location into a mixed municipal and private use facility. regards, Jonathan From:Jithendran V To:City Council Subject:Cupertino Sports Center Date:Wednesday, October 11, 2023 11:10:52 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I was reading some report about the plan to eliminate the cupertino Sports Center and turn the location into a mixed municipal and private use facility that will host the city hall. This came as shocking news to me. Tennis is such an integral part of my life and i spend atleast 3-4 days at Cupertino sports center every week. I have made lot of friends and we play several league and usta matches regularly. The tennis courts at CSC have been well maintained and when i compare this with other tennis courts like lifetime santa clara, bay club, lifetime sunnyvale- cupertino is much better. After a hectic day at work, we get to relax our mind and body by playing tennis in the evenings. Please do not convert this heavenly place in Cupertino that has beautiful tennis courts into a city hall. Please look for other alternative options. Playing tennis gives lot of health benefits and i do not want to go back to my unhealthy lifestyle. The public tennis courts in Cupertino is always full and we hardly can find courts available to play. I have taken an annual membership at Cupertino sports center and that enables me to play regularly. I am not just speaking on my behalf, but imagine a healthy lifestyle for atleast 30-40 adults. Lot of kids come for coaching and every tennis activity will be stopped. My kids come to Cupertino sports center for badminton coaching, even that will be gone. Thanks for your understanding in this regard and hoping to hear some good news, Jithendran From:Devin Donnelly To:City Council Subject:Objection to any attempt to remove or replace the Cupertino Sports Center Date:Wednesday, October 11, 2023 10:59:32 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, My name is Devin Donnelly, a Cupertino resident and avid user of the Cupertino Sports Center. I strongly object to any city plan to remove or replace the Sports Center with any kind of alternate facility, regardless of public-private partnerships, alternate usage, or any other considerations. The Sports Center is an important part of the Cupertino community and has more impact on the lives of its residents than any City Hall or other municipal building. Removing the Sports Center would measurably harm the residents of Cupertino far more than any new City Hall building could possibly improve them. Please table or reject any plan to remove or replace the Cupertino Sports Center. Best regards, Devin Donnelly and Jocelyn Yang From:Romy Malviya To:City Council Subject:Proposal to erase Cupertino Tennis Centre Date:Wednesday, October 11, 2023 10:48:54 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello City Council, I have been a resident of this city for a long time and also a serial entrepreneur. As a member of CTC for many years, it has been a source of comfort to me. It is a place where the community can come together and spend evenings and weekends in a constructive way. As an organized club, it offers benefits that are unmatched compared to open tennis courts in parks. I have heard that you are planning to erase it, and this has caused chaos in my family of four. Every member of our family is a member of this institution. In today's world, places like CTC are rare due to ongoing developments. Why would you want to eradicate such an important institution? Why can't we find an alternative? Please do not do a disservice to this wonderful city because some developers are pushing for it. Please think twice before coming up with this self-destructive proposal... Best Regards, Romy ---------------------------------------------------------------- Pankaj (Romy) Malviya CEO Pulpstream 408-449-0296 www.pulpstream.com From:Nobuhiro Yanagisawa To:City Council Subject:Please keep sports center! Date:Wednesday, October 11, 2023 10:47:11 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi city of cupertino, My name is Nobuhiro Yanagisawa, a member of cupertino sports center. My family including myself have been using tennis court mainly and having a lot of fun! I believe the sports center is one of the best facility that provides the environment for many people to enjoy and live healthy in this busy world regardless of the age/genders. I’d love to see it lasts longer and keep providing us great opportunities to get gather and to have fun! Best Regards, Nobuhiro From:Andre Natal To:City Council Subject:Email opposing to the elimination of Cupertino Sports Center Date:Wednesday, October 11, 2023 10:23:51 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I wanted to send this to you to express my total opposition to the replacement of Cupertino Sports Center by another facility. Me and my family are members and the benefits of CSC are numerous. We play tennis there at least four times a week, we made a large amount of friends and the social and health benefits for having the facility are enormous. There's a large amount of people who uses the courts and that would displace a lot of players and disrupt a large number of social activities around the sport, let alone all the kids activities around tennis. I would like this letter to be considered and the facility to not be removed. From:Tak Young To:City Council Subject:Please do not eliminate the Cupertino Sports Center Date:Wednesday, October 11, 2023 9:14:04 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Cupertino City Council, My name is Tak K. Young. My family has been a Cupertino resident since 1979 and we have enjoyed the services and facilities provided by the Cupertino city. I just heard the news that the city is floating a proposal with an option to eliminate the Cupertino Sports Center. This is an alarming issue. I have been an annual member of the Cupertino Sports Center since 2009. The Cupertino Sports Center is considered to be an icon of Cupertino city. The tennis courts and the exercise facility (together with the exercise classes) provide a safe and comfortable environment for the Cupertino residents to enjoy the sports of tennis (and other sports also) and to keep our bodies fit and healthy with the exercise facilities. This is important to the families residing in Cupertino. I consider the Cupertino Sports Center as one of the key facilities provided by the city. I object to any proposal to eliminate the Cupertino Sports Center. Please consider other alternatives in the city's new plan. Thanks, Tak K Young 19763 Wintergreen Drive Cupertino, CA email: tak.k.young@gmail/com From:Bin Wan To:City Council Subject:Cupertino Sports Center Date:Wednesday, October 11, 2023 8:04:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, As a more than 15 years Cupertino resident and CSC member, I strongly suggest dropping the idea of removing CSC for any other purposes. Thanks, Bin Wan From:CONNIE CHAO To:Rachelle Sander; Chad Mosley Cc:Hung Wei Subject:New Memorial Park pickleball nets! Date:Wednesday, October 11, 2023 4:24:38 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Rachelle and Chad, The new pickleball nets at Memorial Park are beyond wonderful! Everyone who showed up this morning to play were ooh-ing and aah-ing over them. Thank you SO much for your help in getting these for the Cupertino pickleball community With gratitude, Connie Chao Cupertino resident & pickleball enthusiast From:kellee Noonan To:City Council Subject:Consideration of closing the Cupertino Sport Center Date:Monday, October 16, 2023 3:52:36 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members, I would like to voice my concern about possibly closing the Sport Center. There has been a lot of talk over the years about creating a “heart of Cupertino” around things like the Vallco re- development, Main Street, etc. As a member of the Sport Center, I see the CSC as part of that heart. It is more than a simple gym, it is a place of community where people of many ages come together in healthy activities. Children come for camps summer & school breaks to play together & learn sports in a safe place. Parents rely on that resource for those school breaks when they have to work. Teens & Adults gather to participate in healthy exercise & sports. Friend meet up to play sports or exercise together, have fun, and celebrate each other. Although the Rec Center provides some exercise classes, it does not provide that community spirit and it does not have the exercise equipment or sport courts. Additionally taking just 1 class each quarter through the Rec program costs almost as much or more than an annual membership to the CSC where I take 5-6 classes a week. I know there is a need for housing in our community but taking away a vibrant place of community gathering should not be part of that equation. If we do need a renovated or new City Hall, it should stay in the location it is in now because that whole park/Community Hall & Library square makes a nice combination of services. Thank you for your time, Kellee Noonan 10290 Farallone Dr. Cupertino Sent from my iPad From:Kitty Moore To:City Clerk; Kirsten Squarcia Subject:Written Communications Council Agenda 20231017 Item 7 Date:Monday, October 16, 2023 4:15:42 PM Attachments:23-094 Cumming Management for Project_Construction Management Services and Strategic Advisory Services - signed.pdf 23-094 Service Order #1 dated 9-12-23 Cumming_TCG RE Strategy - PO 2024-196.pdf 23-094 Service Order #2 dated 9-12-23 Cumming_sheriffs bldg cost - PO 2024-197.pdf Cumming Agreements Scope of Work.pdf Dear City Clerk, Please include the attached files for Written Communications Agenda Item 7. Thank you, Kitty Moore Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 1 of 9 MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT WITH CUMMING MANAGEMENT GROUP, INC 1. PARTIES This Master Agreement is made by and between the City of Cupertino, a municipal corporation City”), and Cumming Management Group, Inc (“Contractor”) a Corporation for Project/Construction Management Services and Strategic Advisory Services, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must comply with this Agreement and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit A. Contractor further agrees to carry out work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Services, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. Contractor will not be compensated for Services performed without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2026 Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or 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 within the time specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver the Services on time. Contractor must respond promptly to each Service Order request. Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 2 of 9 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed 170,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Services provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 3 of 9 unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this Agreement, to execute or implement any of the following: a) The original Services for which Contractor was hired; b) Completion of the original Services by others; c) Subsequent additions to the original Services; and/or d) Other City projects. Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 4 of 9 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor 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 will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City approval. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: a) Breach of contract, obligations, representations, or warranties; b) Negligent or willful acts or omissions committed during performance of the Services; c) Personal injury, property damage, or economic loss resulting from the work or performance of Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 5 of 9 Contractor or its subcontractors or sub-subcontractors; d) Unauthorized use or disclosure of City’s confidential and proprietary information; e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 6 of 9 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Susan Michael as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Katie M. Bipes as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 7 of 9 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 8 of 9 23. HEADINGS The headings 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. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Susan Michael Email: SusanM@cupertino.org To Contractor: Cumming Management Group, Inc 475 Sansome St, Suite 770 San Francisco, CA 94111 Attention: Katie M. Bipes Email: Katie.Bipes@cumming-group.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW] Project/Construction Management Services and Strategic Advisory Services Master Professional/Specialized Services Agreement/ Rev. October 2021 Page 9 of 9 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date CUMMING MANAGEMENT GROUP, INC By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date John Olsson John Olsson Vice President Aug 29, 2023 Christopher D. Jensen Jimmy Tan Assistant Director of Public Works Aug 29, 2023 Aug 29, 2023 Cumming Management Group, Inc. ("Cumming") understands that the City of Cupertino ("City") seeks a consultant team to provide professional services in the realm of project management, cost management, and real estate research and analysis. Cumming is delighted to provide professional services during construction, pre-construction, and development/feasibility phases of the projects at various sites. Cumming and its subconsultants shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from City’s Director of Public Works or authorized Agent as defined in this Agreement and (2) as defined in a fully executed Service Order. Services may include scheduling, sustainability advisement, constructibility/peer reviews, and management of construction inspections and testing. Subconsultants Cumming will bring The Concord Group on board as a subconsultant during project pre-construction phases to provide services related to aspects of real estate research, analysis, planning and financing. Cumming will bring ECCR on board as a subconsultant during pre-construction phase and/or construction phase of a project to perform Constructability reviews of project documentation. Other subconsultants may be proposed to the City for consideration. Cumming will include information about their proposed scope of work in writing, within each Service Order/Fee proposal. Description of Services Exhibit A 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com GO/NO-GO ASSESSMENT FOR CITY HALL, CITY HALL ANNEX, AND SPORTS CENTER SITES: A. Initial Market Reconnaissance and Program Opportunities i. Identify the menu of residential product types (market-rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates. ii. Identify housing development options based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. iii. Prepare preliminary financial analysis to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. iv. Identify a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. v. Deliverables: i. Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. vi. Reimbursables: $3,000 total B. Scenario Programming: City Hall Focus i. Refine the programming menu to best fit the economic objectives for the site. ii. Prepare “analogue case studies” to define the master plan vision iii. Perform built product values, net operating income and land value guidance for the various product types and densities considered, leading to alternative development scenarios iv. Provide estimates of proposed alternatives v. Work with City Officials and an architect/planning firm to create initial yield studies to determine best fit” and three potential development site plan options for the Cupertino Civic Center/City Hall Property, leading to a City Preferred Option. Develop and/or confirm preliminary space needs for City Hall and other public/private uses desired and/or needed in the short term and long-term. This information will effectively serve as the new Master Plan for the City’s Civil Center vi. Meet with Stakeholders to discuss findings and build consensus vii. Work with City staff to coordinate efforts viii. Present findings to City Council ix. Deliverables: i. Summary document of findings, conclusions, and recommended actions ii. City Council Presentation iii. Conceptual estimates for programming options x. Reimburseables: $3,000 total OPTIONAL WORK: C. Stakeholder Engagement i. Identify a stakeholder strategy to successfully bring about consensus to support the preferred alternative(s). ii. Meet with stakeholders to discuss findings and build consensus iii. Work with City staff to coordinate efforts and make presentations to the City Council. iv. Deliverables: i. Focus Group and Public Open House meeting agendas v. Reimbursables – TBD based on approved scope. D. Implementation Strategies & Development i. Implementation strategies and their execution are the heart of successful redevelopments Description of Services: Real Estate Research and Analysis 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com plans. We are specialists in designing implementation strategies that achieve results, guide the next era of investment, activate underutilized properties and public spaces, and provide the energy and soul to communities, creating value for property owners and merchants and sustainable revenues for the local governments and agencies. ii. We will provide specific actionable strategies based on the information and plans completed as part of this proposal. We will seek out public-private partnerships and project delivery approaches to develop new public facilities at lower costs than otherwise achievable under traditional project delivery methods. We will use and access our extensive network of developers in Northern California for this project. iii. Deliverables: i. Due Diligence Checklist ii. Development RFQ/RFP for the City Hall site iii. Draft Project Development Schedule iv. Draft Term Sheet E. Developer Negotiation/Transaction Closing i. We will negotiate preliminary deal terms (Letter of Intent or Memorandum of Understanding) and final purchase and sale/lease/development agreement or other P3 agreement with the preferred developer/tenants. ii. Assist with any closing conditions leading to construction. iii. Continue to meet with the City staff and City Council. F. Architect Procurement and Management i. Prepare an RFP for Architectural services; receive proposals, level bids, and conduct interviews with Architect finalists; recommend award of contract and, in conjunction with City’s legal counsel, negotiate form of agreement. ii. Manage the Architectural team through completion of Phase 1 Master Plan for the Civic Center iii. Work with City staff and make presentations to the City Council iv. Provide Design Management and Estimating for budget development v. Deliverables: i. Architectural Services RFP Preconstruction Phase: Support the City’s Project Manager in the following activities: o Define progress reporting requirements and establish protocol for routine progress meetings, reports, and issue tracking o Meet on site as needed with designers and City, review scope of work, and discuss design and timelines. o Work with designers during design process and review preliminary drawings. o Attend project design team meetings o Distribute meeting minutes as required Budgeting o Refine and formalize project budgets o Prepare budget/operating cash flow projects, including spending projects through all phases o Facilitate value engineering conversations, including developing a VE log o Perform design and estimate review sessions for SD, DD, and 50% CD o Issue monthly budget reports during construction Description of Services: Project Management o Conduct weekly project team meetings o Prepare and distribute meeting minutes 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com Design, Permit, Bidding, and Utilities o Perform design and estimate review sessions for SD, DD, and 50% CD o Engage ECCR as a subconsultant to perform Constructability reviews (based on 80 to 100 pages of plans) o Solicit third party contracts for the projects o Continuously work with A/E as City of Cupertino’s primary point of contact, alongside the City’s Project Manager o Review and prepare bidding documents, and assist in procurement o Work with the City to determine project delivery method o Assist with permitting process for land use and Building permits, as well as other government agency approvals. Architect and General Contractor are responsible for paying and obtaining permits o Coordinate with Utilities for planning and approvals. Coordinate with the City for payment of fees o Assist with the reach out and notify Public Utilities of the pending project o Work with Utilities for planning and approvals. Coordinate payment of fees o Assist the City of Cupertino with reach out to special consultants and testing by third parties o Assist with the preparation of RFQ (prequalification) documents for general contractors o Assist in bid analysis and selection for General Contractor and/or subcontractors o Conduct site visit with Contractors, answer questions and RFI’s o Qualifying Contractor pricing, add value engineering thoughts where possible o Give recommendation to the city for awarding project o Aid Owner in issuing a Notice to Proceed and contract approval Scheduling o Develop preliminary schedule for all the work and discuss with City shareholders o Update schedule with input from A/E and City teams o Review project schedule during design and construction Sustainability and Commissioning o Define goals for project sustainability, energy performance, etc. o Evaluate sustainability goals and opportunities during design o Research and advise of sustainability cost benchmarks and identify potential grant funding or incentives o Reine and formalize project sustainability goals o Evaluate costs associated with identified sustainability benchmark Construction Phase o Define scope, deliverables, and milestones for construction o Define budget, and schedule requirements o Attend weekly City, Architect, and Contractor meetings to track project progress and review any concerns City may have. o Define progress reporting requirements and establish protocol for progress meetings, reports, and issue tracking o Review contractor schedule to identify critical path and opportunities/threats o Manage budget and validate costs o Prepare quality control and quality assurance plan o Ensure commissioning specifications are incorporated into project Description of Services: Project Management Refine and formalize project sustainability goals 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com o Review Contractors safety plan o Identify and facilitate procurement of long lead time equipment/FF&E to avoid delays o Conduct weekly coordination meetings o Prepare and distribute meeting minutes – track follow up on action items o Provide quality assurance to help ensure quality and compliance with the contract o Track progress of construction, including on-site observation o Provide weekly project update reports to the City’s project manager o Continuously liaise with A/E & Contractor o Review and process contractor progress and payment applications o Track progress of construction, including on-site observation o Review test reports and identify areas of non-conformance o Assist Architect in preparation of responses to RFI’s and Coordinate resolution of issues o Track and analyze potential Change order’s o Negotiate change order approvals o Assist with Coordination of Public Utilities work o Monitor schedule, especially for critical path, deliverables, and milestones. o Monitor correspondence, including Architect’s approvals of shop drawings, product data and samples, as well as contractor RFIS. o Analyze and provide recommendations to City on change orders and/or claims if any. o Review Commissioning procedures o Monitor General Contractor’s reporting to DIR. Close-Out o Determine close-out procedures for the project at the start of construction o At completion of construction, walk punch list to confirm City shareholders requirements at agreed and confirm completion of all items. o Confirm Contractor Certificates of Occupancy have been provided. o Obtain equipment and maintenance manuals from Contractor and have them train school staff on new equipment as needed. o Review Commissioning reports at end of project o Assist with collecting copies of all final warranties, and lien waivers. o Review final close out package including fully reviewed as-builts from Contractor and provide to the City. SECTION 2 - SCOPE OF SERVICES FEES Cumming’s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner. Our hourly rate and proposed fees are valid for 30 days from the date of this proposal. If selected to provide project/construction management services for the City. The rates are subject to change on a yearly basis starting on January 1, 2024. Proposed Hourly Rates and As-Needed Services Cumming proposes one Project Manager to oversee the Project Development, Preconstruction, Construction, and Close-out phases. Cumming is readily prepared to provide additional support staff and services on an as-needed basis, as well as a preventative measure to mitigate any unforeseen exposures that may impact project budget, schedule, and/or quality, if and as required by the City. As such, Cumming provided hourly rates in the table below Approach To Scope Of Work The following table delineates the typical services, tasks, and deliverables we provide in order to deliver projects successfully. We also use this to internally monitor and ensure we are meeting expectations through our in-house processes. Phase I – Pre-Design Phase II – Design Phase III – Construction, Closeout and Commissioning INITIATION Define scope and deliverables for Pre- Design activities. Define and formalize scope, schedule, and deliverables for design. Define operations and maintenance preferences Define scope, deliverables, and milestones for construction Define budget, and schedule requirements PLANNING Develop work breakdown structure Define progress reporting requirements and establish protocol for routine progress meetings, reports, and issue tracking Assist with or perform initial site visits and requirements generation Define stakeholders, prepare community communications plan Prepare schedule, define decision points and milestones Prepare budget/operating cash flow projections, including spending projections through all pleases Define goals for project sustainability, energy performance, etc. Update schedule according to input from the A/E Team Refine and formalize project budget Plan process for employee and/or public involvement Refine and formalize project sustainability goals Incorporate City of Cupertino design standards into A&E requirements Define communication to community and City plans and actions. Reach out and notify Public Utilities of pending projects Define progress reporting requirements and establish protocol for progress meetings, reports, and issue tracking Review contractor schedule to identify critical path and opportunities/threats Manage budget and validate costs Prepare quality control/assurance plan Ensure commissioning specifications are incorporated into project Review Contractors safety plan Identify and facilitate procurement of long lead time equipment/FF&E to avoid delays EXECUTING Complete due diligence Coordinate communications and documentation of Project pre-design activities Review Conceptual Plan and project to date Collaborate with staff and advise on project delivery system Prepare Procurement Findings Prepare RFQ documents for design and general contractors (CM/GC, Design Build, or Traditional) Assist in Architect and Contractor procurement and negotiation process Evaluate sustainability goals and opportunities, enroll project with Energy Trust Research and advise on sustainability cost benchmarks and identify potential grant funding or incentives Organize and facilitate meetings with stakeholders and the community and make presentations Conduct weekly project team meetings Actively manage project cost Prepare and distribute meeting minutes Perform design and estimate review sessions for SD, DD, and 50% CD Facilitate value engineering conversations, including developing a VE log Perform Constructability reviews Assist with stakeholder outreach and communications throughout community Solicit third party contracts for the projects Evaluate costs associated with identified sustainability benchmarks Assist with permitting process for land use and Building permits, as well as other government agency approvals Review and prepare bidding documents, and assist in procurement Continuously work with A/E as City of Cupertino’s primary point of contact Assist in bid analysis and selection for General Contractor and/or subcontractors Work with Utilities for planning and approvals. Coordinate payment of fees. Conduct weekly coordination meetings Prepare and distribute meeting minutes track follow up on action items Provide quality assurance to help ensure quality and compliance with the contract Continuously liaise with A/E & Contractor Issue monthly budget reports Review and process contractor progress and payment applications Review test reports and identify areas of non-conformance Track progress of construction, including on-site observation Assist Architect in preparation of responses to RFI’s and coordinate resolution of issues Tract and analyze potential Change order’s Negotiate change order approvals Advise City of Cupertino of any special consultants and testing by third parties Assist with Coordination of Public Utilities work Phase I – Pre-Design Phase II – Design Phase III – Construction, Closeout and Commissioning Assist with refinement of A/E and GC scope/budgets during contract negotiations as well as serving as a resource in resolving any issues between stakeholders. Manage separate due diligence contracts, if needed. Interface with City Planning and Engineering Departments regarding Land Use review/permits. Continuously monitor correspondence between the project team and stakeholders. Ensure design & technical spec continue to meet user and stakeholder needs. Track design issues and resolutions. Track value engineering items, their values, and the analysis and decision points. Continuously monitor schedule, especially for critical path, deliverables, and milestones. Continuously monitor correspondence, including Architect’s approvals of stop drawings, product data and samples, as well as contractor RFIS. Analyze and provide recommendations to Centennial School District on change orders and/or claims if any. CLOSING Ensure receipt and sign-off all pre- design. Ensure receipt and sign-off on all deliverables. City of Cupertino Scheduling Services cumming-group.com 24 Scheduling Philosophy & Approach Scheduling Methodology Cumming is skilled in all aspects of scheduling. Our experts are capable of conducting cursory schedule reviews, preparing and updating master program and detailed project schedules, as well as as-built schedules for forensic analysis purposes. This expertise is described in further detail below. Schedule Analysis The underlying foundation of schedule management rests on the Critical Path Method (CPM) schedule. Our team has built thousands of CPM schedules and understands how they can be manipulated by the underlying adjustments to floats, leads and lags, duration adjustments, alterations in logic, and constraints. We are experts in schedule management and forensic schedule analysis. We have declared experts in construction schedule delay and we provide this analysis on a daily basis as a part of our litigation support services. We define and represent delays and disruptions in schedules and reflect what the impacts are and how they can be mitigated. We are well versed in seeing and exposing delays, disruptions and hidden acceleration in schedules and we analyze them for the overall impact and expected cost. Schedule Communication and Reporting Our schedules are updated regularly—never less than once per month; generally more frequently and any delays are identified and communicated to all parties at the next regularly scheduled management update meeting. As a matter of course, we use the schedule as the primary tool to inform our clients of the critical deadlines the team is working towards. Schedules are prepared simply and in both detail and roll-up forms for ease of understanding and use. Schedule Maintenance We believe that a schedule is only valuable if the progress is measured and evaluated against an agreed baseline. Schedules should serve not only as a historical view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results. We provide project status reporting services for our clients that include the actual validation of the stated condition of their schedules. We report the results and evaluate current performance against baseline goals. Changes typically impact the schedule. We have tremendous experience incorporating changes into our schedules and in quickly identifying net impacts. We also evaluate changes to determine whether these impacts affect the critical path or whether they are ancillary and, thus, may not cause a delay in project completion. We provide our clients with mitigation options should changes impact the timely completion of a project. Schedule Creation Our schedules are created by professionals skilled in both forensic and forward scheduling, a unique differentiator that enables Cumming to foresee and mitigate schedule conflicts before they arise. Cumming begins each scheduling assignment by first gaining a fundamental understanding of project scope. Following a top down approach, we identify and incorporate critical milestones, ensure adherence to overarching project parameters, and analyze component relationships. Requirements are then reviewed forwards and backwards to ensure that all project elements have been considered and are in sync. Schedule Management We assist our clients in the development of the Design Work Plan in concert with the actual in-place design teams. Our staff have managed the design development process for clients, which allows us to have a ‘real world’ perspective on the effort required, the relevant and necessary milestones, and a focus on developing a pre-construction/ design schedule. In addition, we provide management and oversight of the schedule during construction, ensuring goals are met and completed according to the timeline. Approach to Phasing When it comes to project phasing, understanding the process and impacts of construction is as important as quantifying the elements of construction. Looking at the project from an owner’s perspective is crucial. Will phasing impact the current operations? Is there a better way to achieve the project goal through alternative phasing schemes? These questions, and more, must be asked during phasing analysis for the project. Cumming team members have the proven experience required to determine the impacts to your schedule and budget, and bring the most value to your project. Schedules should not only serve as an overall view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results. It takes a team THAT ANTICIPATES AND MITIGATES RISK. City of Cupertino Scheduling Services cumming-group.com 25 CPM and Pull Planning Integration Approach Cumming has developed a Schedule Approach for the project that is rooted in a lean delivery method of minimizing waste through effective planning. This document will serve to outline that approach to achieve the following goals: Integrate and Align CPM and Pull Planning Minimize redundancy and focus on throughput time Maintain 1:1 relationship Minimize opportunity for process breakdown Leverage technology (software) to do what each does best Trade Partner involvement in entire process OFE & LLE Process for prefabrication Clean executable, repeatable, cost effective Historically accurate for ABC Metrics for continuous improvement CPM high-level planning is needed for coordination between designers, construction trades, vendors, and the owner at a high level. Pull Planning is needed to maximize the team’s production on a day-to-day basis. Both processes are more effective and minimize waste best when they are used in a manner that allows each system to complement the other. City of Cupertino Scheduling Services cumming-group.com 26 Figures 3 and 4 below are from a current ski resort development current utilizing Cumming for schedule monitoring services. The project is currently on schedule; however, the project was at risk to miss a major turnover milestone for the coming winter ski season. Figure 3 shows the path to the ski easement turnover and the -28 day delay to turnover milestone, -3 days past the required date. Analysis of the schedule and work in place indicate that the delays to this point are the responsibility of the General Contractor, except for 3-day of weather. After review of the delay allocation, and discussions with the general contractor, means of mitigating the delay were incorporated into the schedule for an on-time delivery of the ski slope. Figure 8 shows the Step Analysis for the entire project and the calculated schedule risk due to Float Erosion, Compression and Schedule Delay. We calculate Schedule Risk as a combination of Schedule Compression, Schedule Delay and Float to give early visibility of areas of the project add risk to the project. As shown in this example, the project is still on schedule, however the Finishes show 54 workdays of compression, with 0 days of float. Similarly, Drywall shows 42 workdays of compression, however as it has 6 days of float, the risk to the project, if the contractor fails to complete the work in a compressed period, is 36 days. City of Cupertino Cost Management ccorpusa.com Methodology and technology for estimating. The delivery of each project on-budget, on-schedule, and on-quality is our primary goal for every client. This means much more than administering a project through weekly site visits, attending meetings, and taking notes. Cumming’s project managers proactively lead, challenge, motivate and direct teams to generate superb results that save money and time, mitigate risk, and achieve our clients’ delivery goals. We are advocates for our clients and we take great pride and ownership in everything we do. We are pro-active leaders and ensure that the documents used to manage the process are clearly incorporated in the contracts with consultants and the contracting community. Setting expectations upfront and early is a key to a project’s success. The Cumming approach is founded on principal involvement, and our staffing plans vary from project to project and adjust to meet the needs of our clients and the project’s specifics. All projects are led by an executive (VP- level), and supported by a day-to-day Project Manager and Cost Manager who will be intricately involved in the project from inception through completion. As projects of this type always have ups and downs in terms of involvement, the dedicated team is supported by localized resources of dedicated project, cost, and schedule management staff to drive our overall efforts and meet tight impactful deadlines. One of our immediate tasks upon engagement is to set up a project governance structure that encourages efficient, thoughtful, and proactive decision-making. This governance structure guides not only the relationship between Cumming and ownership, but the entire project relationship for all other consultants, including but not limited to the architect, construction manager (CM), engineers, and FF&E and specialty consultants. It takes into account the corporate structure of clients, the key internal and external stakeholders that must be engaged, and establishes a workflow cadence that is agreed upon at the outset of a project. We look to manage the relationship with the Client as a partnership, with the executive driving this at the corporate level, and the cost management lead on a day-to-day level. Continuous improvement is rooted in our DNA, and beyond advocating daily feedback, the Cumming executive will participate in a monthly meeting with the Client’s lead and our team lead. On a quarterly basis, an independent review will happen in the form of a one-page feedback session. Cumming also worked with clients to establish project KPI’s, and in doing so, we emphasize the word key – it has to be essential to achieve the aim of project delivery with compliance. During quarterly reviews, the KPIs are systematically measured and reported on. On an annual basis we reevaluate with the Client what is the key that really makes a difference and realign with the needs of the program. KPIs cannot be static, they adjust as projects evolve. When required, pull together a specialist “task force” of team members that are highly well-versed in a particular aspect of the project – from an understanding of the local market, to the specifics of MEP estimating, to negotiating skills with subcontractors. City of Cupertino Cost Management ccorpusa.com U.S. CONSTRUCTION MARKET MARKET SNAPSHOT Q4 - 2019 NEW YORK, NY Construction in NYC is continuing to slow down, with seeing a yearly low back in April. As mentioned in our last projections expecting this to continue into 2022. 2019 has report, new legislation has come into force with regards to seen a large drop in the residential markets; however, in 2020, health and safety, particularly the reporting of incidents, and Total Construction Market Volume by Sector (x $1m, Nominalized 2012$) Annual Volume (x$1m, 2012$) This includes religious buildings, amusement, government communications and public recreation projects. Construction Spending Index 2010-2021 (2010=1.0) Pre-Construction Phase Methodology During the pre-design and design phases, our team will confer with your staff concerning specific project goals relative to project scope, project budget, project schedule, design concepts, and quality as a basis for formulating a detailed development plan for the project. One of the main objectives during this period is to provide a conceptual cost budget and a preliminary “Critical Path Method” development schedule for the project. Cumming will also assist the design team with the evaluation of proposed systems, equipment and materials, and will advise you on alternatives to optimize cost effectiveness, quality standards and system life cycle costs and benefits (value engineering). Budget and Cost Management In order to provide reliable cost management services, a thorough understanding of the global, national, and local markets for such specific drivers as material commodities, availability and cost, as well as labor availability and cost—which can and do affect the cost of a project—must be tracked and known. Cumming starts by developing a crew-based database system that utilizes current local labor rates, workers compensation, sales tax, subcontractor mark-ups, equipment pricing, material pricing, adjustments for productivity, core inflation, access to materials, and other special circumstances. Our internal economist continuously tracks global, national, and regional trends on a monthly basis, including U.S. dollar exchange rates, energy costs, global demand, construction volume, labor availability, and material costs. This is further enhanced by our program- or project-specific local market study, which is used to develop data specific to the program or project. Cumming adheres to the following guidelines of good cost management: A thorough understanding of the project goals, deadlines, and scope: Cumming works with the client at the earliest phases of the project in order to thoroughly understand the goals for the project, the constraints and milestones that need to be met, and the scope of work to be delivered. Detailed early design estimates: Cumming works with the project team early in the design process to develop detailed cost plans across all divisions of work, thereby reducing or eliminating the use of cost-per-square-foot or lump-sum line items whenever possible. By working with the team to provide detailed line items and budgets, this allows Cumming to guide the team throughout design following an established cost plan in order to make informed decisions. Proactive participation through the life of the project: Using the established cost plan, Cumming works with the project team throughout design, listening in on interim team meetings and stepping in when changes occur that alter the agreed upon cost plan. This interim participation reduces or eliminates the surprises that come with milestone cost estimating when final design plans come out, saving the project both time and money. Value management/cost trade-offs during the life of the project: Value management is not only helpful when a project needs to cut costs. Cumming’s cost management team constantly looks for opportunities to add value to projects by utilizing cost trade-off analysis through material substitutions, alternate means or methods, and life-cycle cost analysis. Continued assistance through the bid phase and construction: Getting a project to the contractor does not guarantee success. Cumming has extensive experience working with the project team to evaluate contractor bidding, schedule of values, buyout strategy, and change orders to keep the project on track. Keeping an eye on the total project costs at all times: Delivering construction costs on budget is only part of the solution. If the construction budget is met but the other budgets are not, the project does not succeed. Cumming’s cost management team has extensive experience both budgeting and managing the total project costs for our clients. Estimate Development Upon completion of the quantity take-off, market analysis, and collection of local pricing data, Cumming’s estimators input the data into our estimating system. Cumming sets up the estimate Work Breakdown System (WBS) to best accommodate the needs of the project and to match the formats of other project estimates. Project general conditions, general requirements, mark-ups, contingencies, and escalation factors are added as required to provide a complete, total estimated construction cost. City of Cupertino Cost Management ccorpusa.com Estimate QA/QC Once the estimating data has been compiled into the estimating system, the estimate is thoroughly reviewed by the estimating team, the project manager, the vertical project leader, and an independent reviewer. A detailed review and comparison of gross floor areas, comparisons with similar projects or similar scopes of work and previous phase estimates are performed to ensure accuracy. Areas of difference between previous estimates are identified and documented in our variance reports. Publish Estimate Upon completion of our internal QA/QC process, the estimate is published and distributed to the project delivery team. Estimate Review with Project Team Upon completion and delivery of the estimate, the Cumming estimating team will meet with the project delivery team to thoroughly review the estimate detail, costs, assumptions, and allowances to ensure the estimate is a complete representation of both the documents and the intent of the design. Any identified changes and adjustments will be made, and a final revised estimate will be published. Estimate Reconciliation Cumming’s cost management group will review and provide a detailed comparison between our estimates and the estimates prepared by others (design team, CM, and other independent estimators). We will identify areas of difference and meet with the project delivery team and other estimators to thoroughly review the estimates, assumptions, and areas of difference. Working with the team, we will reconcile our estimate with the other parties’ estimates on a detailed, division by division level. This detailed reconciliation ensures that all parties are on the same page and possess a thorough understanding of the project. This helps eliminate unknowns and incorrect assumptions that often lead to cost creep later in the project. Upon completion of reconciliation, we will make required modifications and re-issue the estimate along with a summary report of the reconciliation. Cumming’s proactive cost management approach assures our clients that they are getting the most value for their invested dollar, accurate pricing based upon local market analysis and understanding of the national economy, and a proven process that is timeless and delivers the goals and objectives set by the project owner—on time, on budget, and within the quality standards established at the beginning of the project. Exceeding Expectations Cumming’s approach to managing the team rests on a foundation of effective communication and teamwork. To facilitate this approach, we clearly define the roles and responsibilities of all parties at the start of the project so that everyone has an opportunity to meet expectations. During the design phase each discipline lead must attend design phase progress meetings which are typically scheduled on a weekly basis. Representatives are held accountable for assigned action items based on due dates tracked to the overall design phase milestone schedule. Weekly meeting minutes are distributed timely and follow- up on action items occurs in advance of the next meeting to keep progress on track. We work closely with all consultants to ensure that each team participant is performing according to the expectations of the Owner and meeting the terms of the contract. City of Cupertino Cost Management ccorpusa.com Software for Cost Control, Forecasting, and Reporting Estimating Cumming is extremely adept in all technology-based measurement and estimating systems. Dependent upon our client’s preferences, we easily adapt to new software and enlist an internal champion to ensure our team members are well trained and comfortable within the systems. Our current in-house tools for measurement and estimating include OST, Bluebeam, CostX, Destini Estimator, and D-Profiler. Project Controls The software programs used by Cumming are comprised of industry-leading collaborative systems including the following programs: We reduce risk and uncertainty by providing solutions to benefit our clients. CAPP Analytics and our project controls solutions provide the following benefits: Better project visibility from enterprise aspect Standardization of best practices Predictable outcomes that enable corrective actions Prolog Procure Proliance e-Builder PM Web Unifier Encouragement of “top down” viewpoint of project success/issues Earlier anticipation = greater impact on We also have in-house proprietary software: CAPP Analytics, which we use for Project Controls, and CAPP Database, which we use for benchmarking. We also have in-house software engineers that help us develop IT solutions for our clients and manage continued development of our proprietary systems to suit clients’ needs. Our flexibility in the use of these informational systems allows complete agility to interface with and meet our clients’ requirements. We have our own in-house software developer, Jorge Aulestia De Faria who, along with his team, has developed a number of software systems for Cumming’s use and more, specifically for some of our leading clients. Cumming provides this enhanced level of support to our clients, along with database assistants to work with our Quantity Surveying and Estimating team. controlling costs and schedule Informed decision-making and transparency Integration with your culture Improved collaboration Enables “what-if” scenario planning Generates cost savings KPI Overview Building 36-A Upgrade Budget Committed Balance 110.3M $ 38.8M $ 71.5M CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MA Date:Master Agreement Contract #: Maximum Compensation: Consultant:Firm Name: Address: Contact: Ph: Project Name: Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : SO Acc't #:PO #: Project #:Date: Approvals Signatures: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance:Date: Encumbrance this Service Order: MA End Date: Consultant/ Contractor Manager/ Supervisor: Management Analyst Master Agreement Maximum Compensation: Master Agreement Unencumbered Balance: Total Previously Encumbered to Date: City of Cupertino Master Agreement Service Order 191002 Exhibit B n Choose Insurance Requirements for Professional/Specialized Services Agreement 1 Version: Jan. 2022 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. 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 made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor'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 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 Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), 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 if Contractor provides written verification it has no employees). 4. Professional Liability. Insurance which includes coverage for professional acts, errors and omissions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not EXHIBIT C Insurance Requirements Professional/Specialized Services Agreement Insurance Requirements for Professional/Specialized Services Agreement 2 Version: Jan. 2022 available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’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 Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services. 3. 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 Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original 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 to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer, coverage or other special circumstances. 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- 2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/28/2022 Marsh &McLennan Agency LLC Marsh &McLennan Ins.Agency LLC 1 Polaris Way #300 Aliso Viejo CA 92656 Stephanie Holly occerts@marshmma.com License#:0H18131 The Continental Insurance Company 35289 CUMMIGROUP Berkshire Hathaway Specialty Ins Co22276CummingManagementGroup,Inc. 25220 Hancock Avenue Suite 440 Murrieta CA 92562 1853529307 A X 1,000,000 X 1,000,000 15,000 1,000,000 2,000,000 X Y Y 6056835935 12/31/2022 12/31/2023 2,000,000 A 1,000,000 X X X Y Y 6056835949 12/31/2022 12/31/2023 A X X 5,000,000N602087948712/31/2022N 12/31/2023 5,000,000 X 5,000 A A X N Y 6056835952 6056835966 12/31/2022 12/31/2022 12/31/2023 12/31/2023 1,000,000 1,000,000 1,000,000 B Professional E&O Retro 11/07/2006 N N 47EPP31356503 12/31/2022 12/31/2023 Per Claim Policy Aggregate Retention 5,000,000 5,000,000 250,000 City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers are named as Additional Insured on General Liability,per the attached endorsement CNA75079XX (1-15);Automobile Liability per the attached endorsement CNA71527XX (10-12);and Umbrella Liability per the attached endorsement CNA75504XX (03-2015).General Liability Insurance is Primary and Non-Contributory,per the attached endorsement CNA75079XX (1-15). Waiver of Subrogation applies on General Liability,per the attached endorsement CNA74879XX (1-15);Auto Liability,per the attached endorsement CA 04 44 10 13;Umbrella Liability per the attached endorsement CNA75504XX (03-2015);and Workers Compensation,per the attached endorsement G-19160-B.30 days Notice of Cancellation for non-payment of premium applies per the attached endorsement CNA75014XX (01-2015). City of Cupertino 10300 Torre Ave. Cupertino CA 95014-0000 Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Copyright 1983 National Council on Compensation Insurance. INSURED: POLICY #: POLICY PERIOD: TO Cumming Management Group,Inc. 12/31/202312/31/20226056835952 Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Copyright CNA All Rights Reserved. INSURED: POLICY #: POLICY PERIOD: TO Cumming Management Group,Inc. 12/31/2022 12/31/20236056835952 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Copyright Insurance Services Office, Inc., 2011 Endorsement No: 7; Page 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St., Chicago, IL 60606 INSURED: POLICY #: POLICY PERIOD: TO Cumming Management Group,Inc. 6056835935 12/31/2022 12/31/2023 Cumming Management Group,Inc. INSURED: POLICY #: POLICY PERIOD: TO: ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the accident” for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10-12) Page 1 CNA All Rights Reserved. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS Cumming Management Group,Inc. 12/31/202312/31/20226056835949 CNA PARAMOUNT General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows.If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional Insured’s Insurance 3.Bodily Injury –Expanded Definition 4.Broad Knowledge of Occurrence/Notice of Occurrence 5.Broad Named Insured 6.Estates,Legal Representatives and Spouses 7.Expected Or Intended Injury –Exception for Reasonable Force 8.In Rem Actions 9.Incidental Health Care Malpractice Coverage 10.Joint Ventures/Partnership/Limited Liability Companies 11.Legal Liability –Damage To Premises 12.Medical Payments 13.Non-owned Aircraft Coverage 14.Non-owned Watercraft 15.Personal And Advertising Injury –Discrimination or Humiliation 16.Personal And Advertising Injury -Contractual Liability 17.Property Damage -Elevators 18.Supplementary Payments 19.Unintentional Failure To Disclose Hazards 20.Waiver of Subrogation –Blanket CNA74879XX (1-15) Page 1 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 3 INSURED: POLICY #: POLICY PERIOD: TO Cumming Management Group,Inc. 6056835935 12/31/2022 12/31/2023 CNA PARAMOUNT General Liability Extension Endorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through K.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: 1)is currently in effect or becomes effective during the term of this Coverage Part;and 2)was executed prior to: a)the bodily injury or property damage;or b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: 1)a higher limit of insurance than required by such contract or agreement;or 2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through K.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization’s liability for bodily injury,property damage or personal and advertising injury arising out of: 1.such person or organization’s financial control of a Named Insured;or 2.premises such person or organization owns,maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury,property damage or personal and advertising injury as co-owner of such premises. C.Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured,but only with respect to such person or organization’s liability for bodily injury,property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured’s maintenance,operation or use of such equipment,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74879XX (1-15) Page 2 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability Extension Endorsement E.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land,provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F.Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor’s real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver’s liability for bodily injury,property damage or personal and advertising injury arising out of the Named Insured’s ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. H.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury,property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. CNA74879XX (1-15) Page 3 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 4 CNA PARAMOUNT General Liability Extension Endorsement I.Trade Show Event Lessor 1.With respect to a Named Insured’s participation in a trade show event as an exhibitor,presenter or displayer,any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization’s liability for bodily injury,property damage or personal and advertising injury caused by: a.the Named Insured’s acts or omissions;or b.the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J.Vendor Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business,provided that: 1.The coverage granted by this paragraph does not apply to: a.bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b.any express warranty unauthorized by the Named Insured; c.any physical or chemical change in any product made intentionally by such person or organization; d.repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; e.any failure to make any inspections,adjustments,tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f.demonstration,installation,servicing or repair operations,except such operations performed at the such person or organization’s premises in connection with the sale of a product; g.products which,after distribution or sale by the Named Insured,have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for such person or organization;or h.bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: 1)the exceptions contained in Subparagraphs d.or f.above;or 2)such inspections,adjustments,tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. 2.This Paragraph J.does not apply to any insured person or organization,from whom the Named Insured has acquired such products,nor to any ingredient,part or container,entering into,accompanying or containing such products. CNA74879XX (1-15) Page 4 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability Extension Endorsement 3.This Paragraph J.also does not apply: a.to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b.to any of your products for which coverage is excluded by endorsement to this Coverage Part;nor c.if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. K.Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A.through J.above.Such additional insured is an Insured solely for bodily injury,property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1.for bodily injury,property damage,or personal and advertising injury arising out of the rendering or failure to render any professional service; 2.for bodily injury or property damage included within the products-completed operations hazard;nor 3.who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A.The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance on which the additional insured is a named insured. B.With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K.of this endorsement,the following sentence is added to the paragraph above: Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY –EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner,executive officer,manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE CNA74879XX (1-15) Page 5 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 5 CNA PARAMOUNT General Liability Extension Endorsement The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: a) any partnership, limited liability company or joint venture; or b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the Named Insured’s business. CNA74879XX (1-15) Page 6 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability Extension Endorsement 7.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured,will be treated in the same manner as though the action were in personam against the Named Insured. 9.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured’s primary business purpose,and only if: 1)such bodily injury is caused by an occurrence that takes place in the coverage territory. 2)the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and B.Under COVERAGES,Coverage A –Bodily Injury And Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured’s actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not limited to claims based on an individual’s race,creed,color,age,gender,national origin,religion,disability,marital status or sexual orientation. CNA74879XX (1-15) Page 7 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 6 CNA PARAMOUNT General Liability Extension Endorsement Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act,error or omission by the Named Insured’s employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages,medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; iii.amend the definition of Insured to: a.add the following: the Named Insured’s employees are Insureds with respect to: CNA74879XX (1-15) Page 8 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability Extension Endorsement 1) bodily injury to a co-employee while in the course of the co-employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and 2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. the Named Insured’s volunteer workers are Insureds with respect to: 1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured’s business; and 2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance 1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY – DAMAGE TO PREMISES A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the CNA74879XX (1-15) Page 9 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 7 CNA PARAMOUNT General Liability Extension Endorsement owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C.LIMITS OF INSURANCE is amended to delete Paragraph 6.(the Damage To Premises Rented To You Limit)and replace it with the following: 6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a.any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner;and b.contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $200,000.unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D.The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii),and replace it with the following: ii)That is property insurance for premises rented to a Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured’s care,custody or control; E.This Provision 11.does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12.MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the Insurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: 1)$15,000 unless a different amount is shown here:;or 2)the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES,Coverage C –Medical Payments,the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b)with the following: b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 13.NON-OWNED AIRCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended as follows: CNA74879XX (1-15) Page 10 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability Extension Endorsement The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained,paid crew to the Named Insured;and 3.the aircraft is not being used to carry persons or property for a charge. 14.NON-OWNED WATERCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete subparagraph (2)of the exclusion entitled Aircraft,Auto or Watercraft,and replace it with the following. This exclusion does not apply to: 2)a watercraft that is not owned by any Named Insured,provided the watercraft is: a)less than 75 feet long;and b)not being used to carry persons or property for a charge. 15.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: a)the Named Insured;or b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. CNA74879XX (1-15) Page 11 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 8 CNA PARAMOUNT General Liability Extension Endorsement Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSUREDS of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. 16.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1)that the Insured would have in the absence of the contract or agreement;or 2)assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract.Solely for the purpose of liability assumed in an insured contract,reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: a)liability to such party for,or for the cost of,that party's defense has also been assumed in such insured contract;and b)such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B.Solely for the purpose of the coverage provided by this paragraph,DEFINITIONS is amended to delete the definition of insured contract in its entirety,and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest,detention or imprisonment.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C.Solely for the purpose of the coverage provided by this paragraph,the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B: 1.Paragraph 2.d.is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met,attorneys fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs.Notwithstanding the provisions of Paragraph e.(2)of the Contractual Liability exclusion (as amended by this Endorsement),such payments will CNA74879XX (1-15) Page 12 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability Extension Endorsement not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D.This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17.PROPERTY DAMAGE –ELEVATORS A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3),( 4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a 1,000.limit. 19.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 20.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured’s ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part;and 2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below, and expires concurrently with said Policy. CNA74879XX (1-15) Page 13 of 13 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50 0 2 0 0 0 3 5 6 0 5 6 8 3 5 9 3 5 1 9 4 9 Workers Compensation And Employers Liability Insurance Policy Endorsement TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: All Texas Operations 3.Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. INSURED: POLICY #: POLICY PERIOD: TO Cumming Management Group,Inc. 6056835952 12/31/2022 12/31/2023 It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the policy remain unchanged. Copyright CNA All Rights Reserved. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. POLICY HOLDER NOTICE – COUNTRYWIDE INSURED: POLICY#:POLICY PERIOD: TO: Cumming Management Group,Inc. 12/31/202312/31/20226056835935 Cumming Management for Project/Construction Management Services and Strategic Advisory Services Final Audit Report 2023-08-29 Created:2023-08-29 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAsXpY1O1wY5q6fOL-wGezzqJaEeVB7Xgr Cumming Management for Project/Construction Management S ervices and Strategic Advisory Services" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-08-29 - 0:49:58 AM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2023-08-29 - 0:54:22 AM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2023-08-29 - 0:55:15 AM GMT - Time Source: server- IP address: 98.97.57.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-08-29 - 0:55:18 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-08-29 - 3:28:24 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to John Olsson (jolsson@cumming-group.com) for signature 2023-08-29 - 3:28:28 PM GMT Email viewed by John Olsson (jolsson@cumming-group.com) 2023-08-29 - 3:52:06 PM GMT- IP address: 188.241.15.224 Document e-signed by John Olsson (jolsson@cumming-group.com) Signature Date: 2023-08-29 - 3:52:55 PM GMT - Time Source: server- IP address: 12.1.37.226 Document emailed to christopherj@cupertino.org for signature 2023-08-29 - 3:52:58 PM GMT Email viewed by christopherj@cupertino.org 2023-08-29 - 4:29:58 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-08-29 - 4:30:12 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-08-29 - 4:30:14 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Jimmy Tan (jimmyt@cupertino.org) for signature 2023-08-29 - 4:30:17 PM GMT Email viewed by Jimmy Tan (jimmyt@cupertino.org) 2023-08-29 - 4:30:55 PM GMT- IP address: 104.47.74.126 Document e-signed by Jimmy Tan (jimmyt@cupertino.org) Signature Date: 2023-08-29 - 4:32:24 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-08-29 - 4:32:27 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-08-29 - 7:53:29 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-08-29 - 7:53:38 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-08-29 - 7:53:38 PM GMT Project Understanding We understand that the City of Cupertino (“City”) is seeking a consultant to aid the City in their evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, and subsequently other target sites, identified as: IMMEDIATE SITES A.City Hall and Future Annex Address: 10300 / 10455 Torres Avenue Flexible use as future City Hall, combined public/private use such as City Hall and housing, or all private use as housing or BMR housing. B.Sports Center 21111 Stevens Creek Boulevard Flexible use with some public amenities retained. Potential redevelopment with residential and/or commercial with existing uses. OTHER SITES C.Senior Center 21251 Stevens Creek Boulevard Potential for ground floor public facility with above being senior independent, assisted living, or residential. D.Golf Course 22100 Stevens Creek Boulevard Continued open space or golf use. E. Service Center 10555 Mary Avenue Redevelopment opportunity to consider. A key objective is to create an economically sustainable project that may incorporate revenue generating uses in addition to required City functions. The Concord Group, as a consultant to Cumming, can provide an array of services to facilitate optimization of the properties and the fulfillment of the projects economic and community service goals. The initial focus will be a “go\no-go” scope leading to preliminary recommendation for the City Hall and Sports Center sites. We will determine in the “go\no-go” phase of work if there are market and financially viable opportunities for public/private development. Subsequently, City Council may authorize more detailed programming and financing plans on these and the other sites identified above. Our proposed phases reflect our scope of work based on our understanding of the City’s prioritized needs: 1. Cost neutral solution 2. Renovated/replaced City Hall with incorporated public space 3. Renovate/replace aging public facilities 4. Public service elements on all properties currently providing public services 5. BMR housing Therefore, the proposed scope of work is anticipated to include the following phases and services that proceeds from analysis through implementation. 475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090 www.ccorpusa.com 2 City of Cupertino – SHERIFF OFFICE COST MANAGEMENT PROPOSAL 1.SECTION 1 - PROJECT UNDERSTANDING We understand the scope of work includes demolishing an existing building and the construction of a new 20,000 sf single-story office building and associated sitework improvements in Cupertino, CA. 2.SECTION 2 - SCOPE OF SERVICES and FEE Proposed Base Scope Services Include: Prepare a single Statement of Probable Cost (SOPC) at the Feasibility stage. Review, quantify, and price all available design documentation. o Kick-off meeting with project team. o Generate cost model including all direct construction and soft costs. o Prepare a single revision to the SOPC based on project team feedback. Exclusions: Life cycle cost or total cost of ownership analyses. Reconciliation with general contractor or 3rd party estimator. Our Time and material fee, for the above service is $7,500. Based on hourly rates provided in Section 3. Below. Our fees assume any required design information (including drawings, specifications, and reports) for the performance of our work will be provided electronically at no cost to Cumming. PDF is the preferred electronic format. The estimates will be presented in an industry standard or custom format to suit both design team’s review and owner preference. Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of the remaining service. Please note we will require written authorization to proceed and acceptance of the proposed contract attached to this letter. We are excited to work with you to provide comprehensive cost management services and look forward to the opportunity to add value to your project. Should this proposal be acceptable, please sign and return: City of Cupertino Authorized Signature: Print Name: Print Title: Cumming Management Group, Inc. ("Cumming") understands that the City of Cupertino ("City") seeks a consultant team to provide professional services in the realm of project management, cost management, and real estate research and analysis. Cumming is delighted to provide professional services during construction, pre-construction, and development/feasibility phases of the projects at various sites. Cumming and its subconsultants shall provide services under this Master Agreement on an “as needed” basis and only (1) upon written request from City’s Director of Public Works or authorized Agent as defined in this Agreement and (2) as defined in a fully executed Service Order. Services may include scheduling, sustainability advisement, constructibility/peer reviews, and management of construction inspections and testing. Subconsultants Cumming will bring The Concord Group on board as a subconsultant during project pre-construction phases to provide services related to aspects of real estate research, analysis, planning and financing. Cumming will bring ECCR on board as a subconsultant during pre-construction phase and/or construction phase of a project to perform Constructability reviews of project documentation. Other subconsultants may be proposed to the City for consideration. Cumming will include information about their proposed scope of work in writing, within each Service Order/Fee proposal. Description of Services Exhibit A 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com GO/NO-GO ASSESSMENT FOR CITY HALL, CITY HALL ANNEX, AND SPORTS CENTER SITES: A. Initial Market Reconnaissance and Program Opportunities i. Identify the menu of residential product types (market-rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates. ii. Identify housing development options based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. iii. Prepare preliminary financial analysis to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. iv. Identify a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. v. Deliverables: i. Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. vi. Reimbursables: $3,000 total B. Scenario Programming: City Hall Focus i. Refine the programming menu to best fit the economic objectives for the site. ii. Prepare “analogue case studies” to define the master plan vision iii. Perform built product values, net operating income and land value guidance for the various product types and densities considered, leading to alternative development scenarios iv. Provide estimates of proposed alternatives v. Work with City Officials and an architect/planning firm to create initial yield studies to determine best fit” and three potential development site plan options for the Cupertino Civic Center/City Hall Property, leading to a City Preferred Option. Develop and/or confirm preliminary space needs for City Hall and other public/private uses desired and/or needed in the short term and long-term. This information will effectively serve as the new Master Plan for the City’s Civil Center vi. Meet with Stakeholders to discuss findings and build consensus vii. Work with City staff to coordinate efforts viii. Present findings to City Council ix. Deliverables: i. Summary document of findings, conclusions, and recommended actions ii. City Council Presentation iii. Conceptual estimates for programming options x. Reimburseables: $3,000 total OPTIONAL WORK: C. Stakeholder Engagement i. Identify a stakeholder strategy to successfully bring about consensus to support the preferred alternative(s). ii. Meet with stakeholders to discuss findings and build consensus iii. Work with City staff to coordinate efforts and make presentations to the City Council. iv. Deliverables: i. Focus Group and Public Open House meeting agendas v. Reimbursables – TBD based on approved scope. D. Implementation Strategies & Development i. Implementation strategies and their execution are the heart of successful redevelopments Description of Services: Real Estate Research and Analysis 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com plans. We are specialists in designing implementation strategies that achieve results, guide the next era of investment, activate underutilized properties and public spaces, and provide the energy and soul to communities, creating value for property owners and merchants and sustainable revenues for the local governments and agencies. ii. We will provide specific actionable strategies based on the information and plans completed as part of this proposal. We will seek out public-private partnerships and project delivery approaches to develop new public facilities at lower costs than otherwise achievable under traditional project delivery methods. We will use and access our extensive network of developers in Northern California for this project. iii. Deliverables: i. Due Diligence Checklist ii. Development RFQ/RFP for the City Hall site iii. Draft Project Development Schedule iv. Draft Term Sheet E. Developer Negotiation/Transaction Closing i. We will negotiate preliminary deal terms (Letter of Intent or Memorandum of Understanding) and final purchase and sale/lease/development agreement or other P3 agreement with the preferred developer/tenants. ii. Assist with any closing conditions leading to construction. iii. Continue to meet with the City staff and City Council. F. Architect Procurement and Management i. Prepare an RFP for Architectural services; receive proposals, level bids, and conduct interviews with Architect finalists; recommend award of contract and, in conjunction with City’s legal counsel, negotiate form of agreement. ii. Manage the Architectural team through completion of Phase 1 Master Plan for the Civic Center iii. Work with City staff and make presentations to the City Council iv. Provide Design Management and Estimating for budget development v. Deliverables: i. Architectural Services RFP Preconstruction Phase: Support the City’s Project Manager in the following activities: o Define progress reporting requirements and establish protocol for routine progress meetings, reports, and issue tracking o Meet on site as needed with designers and City, review scope of work, and discuss design and timelines. o Work with designers during design process and review preliminary drawings. o Attend project design team meetings o Distribute meeting minutes as required Budgeting o Refine and formalize project budgets o Prepare budget/operating cash flow projects, including spending projects through all phases o Facilitate value engineering conversations, including developing a VE log o Perform design and estimate review sessions for SD, DD, and 50% CD o Issue monthly budget reports during construction Description of Services: Project Management o Conduct weekly project team meetings o Prepare and distribute meeting minutes 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com Design, Permit, Bidding, and Utilities o Perform design and estimate review sessions for SD, DD, and 50% CD o Engage ECCR as a subconsultant to perform Constructability reviews (based on 80 to 100 pages of plans) o Solicit third party contracts for the projects o Continuously work with A/E as City of Cupertino’s primary point of contact, alongside the City’s Project Manager o Review and prepare bidding documents, and assist in procurement o Work with the City to determine project delivery method o Assist with permitting process for land use and Building permits, as well as other government agency approvals. Architect and General Contractor are responsible for paying and obtaining permits o Coordinate with Utilities for planning and approvals. Coordinate with the City for payment of fees o Assist with the reach out and notify Public Utilities of the pending project o Work with Utilities for planning and approvals. Coordinate payment of fees o Assist the City of Cupertino with reach out to special consultants and testing by third parties o Assist with the preparation of RFQ (prequalification) documents for general contractors o Assist in bid analysis and selection for General Contractor and/or subcontractors o Conduct site visit with Contractors, answer questions and RFI’s o Qualifying Contractor pricing, add value engineering thoughts where possible o Give recommendation to the city for awarding project o Aid Owner in issuing a Notice to Proceed and contract approval Scheduling o Develop preliminary schedule for all the work and discuss with City shareholders o Update schedule with input from A/E and City teams o Review project schedule during design and construction Sustainability and Commissioning o Define goals for project sustainability, energy performance, etc. o Evaluate sustainability goals and opportunities during design o Research and advise of sustainability cost benchmarks and identify potential grant funding or incentives o Reine and formalize project sustainability goals o Evaluate costs associated with identified sustainability benchmark Construction Phase o Define scope, deliverables, and milestones for construction o Define budget, and schedule requirements o Attend weekly City, Architect, and Contractor meetings to track project progress and review any concerns City may have. o Define progress reporting requirements and establish protocol for progress meetings, reports, and issue tracking o Review contractor schedule to identify critical path and opportunities/threats o Manage budget and validate costs o Prepare quality control and quality assurance plan o Ensure commissioning specifications are incorporated into project Description of Services: Project Management Refine and formalize project sustainability goals 201 Moffit Blvd. MT. View, CA 94043 Phone: 408- 769-6000 cumming-group.com o Review Contractors safety plan o Identify and facilitate procurement of long lead time equipment/FF&E to avoid delays o Conduct weekly coordination meetings o Prepare and distribute meeting minutes – track follow up on action items o Provide quality assurance to help ensure quality and compliance with the contract o Track progress of construction, including on-site observation o Provide weekly project update reports to the City’s project manager o Continuously liaise with A/E & Contractor o Review and process contractor progress and payment applications o Track progress of construction, including on-site observation o Review test reports and identify areas of non-conformance o Assist Architect in preparation of responses to RFI’s and Coordinate resolution of issues o Track and analyze potential Change order’s o Negotiate change order approvals o Assist with Coordination of Public Utilities work o Monitor schedule, especially for critical path, deliverables, and milestones. o Monitor correspondence, including Architect’s approvals of shop drawings, product data and samples, as well as contractor RFIS. o Analyze and provide recommendations to City on change orders and/or claims if any. o Review Commissioning procedures o Monitor General Contractor’s reporting to DIR. Close-Out o Determine close-out procedures for the project at the start of construction o At completion of construction, walk punch list to confirm City shareholders requirements at agreed and confirm completion of all items. o Confirm Contractor Certificates of Occupancy have been provided. o Obtain equipment and maintenance manuals from Contractor and have them train school staff on new equipment as needed. o Review Commissioning reports at end of project o Assist with collecting copies of all final warranties, and lien waivers. o Review final close out package including fully reviewed as-builts from Contractor and provide to the City. SECTION 2 - SCOPE OF SERVICES FEES Cumming’s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner. Our hourly rate and proposed fees are valid for 30 days from the date of this proposal. If selected to provide project/construction management services for the City. The rates are subject to change on a yearly basis starting on January 1, 2024. Proposed Hourly Rates and As-Needed Services Cumming proposes one Project Manager to oversee the Project Development, Preconstruction, Construction, and Close-out phases. Cumming is readily prepared to provide additional support staff and services on an as-needed basis, as well as a preventative measure to mitigate any unforeseen exposures that may impact project budget, schedule, and/or quality, if and as required by the City. As such, Cumming provided hourly rates in the table below Approach To Scope Of Work The following table delineates the typical services, tasks, and deliverables we provide in order to deliver projects successfully. We also use this to internally monitor and ensure we are meeting expectations through our in-house processes. Phase I – Pre-Design Phase II – Design Phase III – Construction, Closeout and Commissioning INITIATION Define scope and deliverables for Pre- Design activities. Define and formalize scope, schedule, and deliverables for design. Define operations and maintenance preferences Define scope, deliverables, and milestones for construction Define budget, and schedule requirements PLANNING Develop work breakdown structure Define progress reporting requirements and establish protocol for routine progress meetings, reports, and issue tracking Assist with or perform initial site visits and requirements generation Define stakeholders, prepare community communications plan Prepare schedule, define decision points and milestones Prepare budget/operating cash flow projections, including spending projections through all pleases Define goals for project sustainability, energy performance, etc. Update schedule according to input from the A/E Team Refine and formalize project budget Plan process for employee and/or public involvement Refine and formalize project sustainability goals Incorporate City of Cupertino design standards into A&E requirements Define communication to community and City plans and actions. Reach out and notify Public Utilities of pending projects Define progress reporting requirements and establish protocol for progress meetings, reports, and issue tracking Review contractor schedule to identify critical path and opportunities/threats Manage budget and validate costs Prepare quality control/assurance plan Ensure commissioning specifications are incorporated into project Review Contractors safety plan Identify and facilitate procurement of long lead time equipment/FF&E to avoid delays EXECUTING Complete due diligence Coordinate communications and documentation of Project pre-design activities Review Conceptual Plan and project to date Collaborate with staff and advise on project delivery system Prepare Procurement Findings Prepare RFQ documents for design and general contractors (CM/GC, Design Build, or Traditional) Assist in Architect and Contractor procurement and negotiation process Evaluate sustainability goals and opportunities, enroll project with Energy Trust Research and advise on sustainability cost benchmarks and identify potential grant funding or incentives Organize and facilitate meetings with stakeholders and the community and make presentations Conduct weekly project team meetings Actively manage project cost Prepare and distribute meeting minutes Perform design and estimate review sessions for SD, DD, and 50% CD Facilitate value engineering conversations, including developing a VE log Perform Constructability reviews Assist with stakeholder outreach and communications throughout community Solicit third party contracts for the projects Evaluate costs associated with identified sustainability benchmarks Assist with permitting process for land use and Building permits, as well as other government agency approvals Review and prepare bidding documents, and assist in procurement Continuously work with A/E as City of Cupertino’s primary point of contact Assist in bid analysis and selection for General Contractor and/or subcontractors Work with Utilities for planning and approvals. Coordinate payment of fees. Conduct weekly coordination meetings Prepare and distribute meeting minutes track follow up on action items Provide quality assurance to help ensure quality and compliance with the contract Continuously liaise with A/E & Contractor Issue monthly budget reports Review and process contractor progress and payment applications Review test reports and identify areas of non-conformance Track progress of construction, including on-site observation Assist Architect in preparation of responses to RFI’s and coordinate resolution of issues Tract and analyze potential Change order’s Negotiate change order approvals Advise City of Cupertino of any special consultants and testing by third parties Assist with Coordination of Public Utilities work Phase I – Pre-Design Phase II – Design Phase III – Construction, Closeout and Commissioning Assist with refinement of A/E and GC scope/budgets during contract negotiations as well as serving as a resource in resolving any issues between stakeholders. Manage separate due diligence contracts, if needed. Interface with City Planning and Engineering Departments regarding Land Use review/permits. Continuously monitor correspondence between the project team and stakeholders. Ensure design & technical spec continue to meet user and stakeholder needs. Track design issues and resolutions. Track value engineering items, their values, and the analysis and decision points. Continuously monitor schedule, especially for critical path, deliverables, and milestones. Continuously monitor correspondence, including Architect’s approvals of stop drawings, product data and samples, as well as contractor RFIS. Analyze and provide recommendations to Centennial School District on change orders and/or claims if any. CLOSING Ensure receipt and sign-off all pre- design. Ensure receipt and sign-off on all deliverables. City of Cupertino Scheduling Services cumming-group.com 24 Scheduling Philosophy & Approach Scheduling Methodology Cumming is skilled in all aspects of scheduling. Our experts are capable of conducting cursory schedule reviews, preparing and updating master program and detailed project schedules, as well as as-built schedules for forensic analysis purposes. This expertise is described in further detail below. Schedule Analysis The underlying foundation of schedule management rests on the Critical Path Method (CPM) schedule. Our team has built thousands of CPM schedules and understands how they can be manipulated by the underlying adjustments to floats, leads and lags, duration adjustments, alterations in logic, and constraints. We are experts in schedule management and forensic schedule analysis. We have declared experts in construction schedule delay and we provide this analysis on a daily basis as a part of our litigation support services. We define and represent delays and disruptions in schedules and reflect what the impacts are and how they can be mitigated. We are well versed in seeing and exposing delays, disruptions and hidden acceleration in schedules and we analyze them for the overall impact and expected cost. Schedule Communication and Reporting Our schedules are updated regularly—never less than once per month; generally more frequently and any delays are identified and communicated to all parties at the next regularly scheduled management update meeting. As a matter of course, we use the schedule as the primary tool to inform our clients of the critical deadlines the team is working towards. Schedules are prepared simply and in both detail and roll-up forms for ease of understanding and use. Schedule Maintenance We believe that a schedule is only valuable if the progress is measured and evaluated against an agreed baseline. Schedules should serve not only as a historical view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results. We provide project status reporting services for our clients that include the actual validation of the stated condition of their schedules. We report the results and evaluate current performance against baseline goals. Changes typically impact the schedule. We have tremendous experience incorporating changes into our schedules and in quickly identifying net impacts. We also evaluate changes to determine whether these impacts affect the critical path or whether they are ancillary and, thus, may not cause a delay in project completion. We provide our clients with mitigation options should changes impact the timely completion of a project. Schedule Creation Our schedules are created by professionals skilled in both forensic and forward scheduling, a unique differentiator that enables Cumming to foresee and mitigate schedule conflicts before they arise. Cumming begins each scheduling assignment by first gaining a fundamental understanding of project scope. Following a top down approach, we identify and incorporate critical milestones, ensure adherence to overarching project parameters, and analyze component relationships. Requirements are then reviewed forwards and backwards to ensure that all project elements have been considered and are in sync. Schedule Management We assist our clients in the development of the Design Work Plan in concert with the actual in-place design teams. Our staff have managed the design development process for clients, which allows us to have a ‘real world’ perspective on the effort required, the relevant and necessary milestones, and a focus on developing a pre-construction/ design schedule. In addition, we provide management and oversight of the schedule during construction, ensuring goals are met and completed according to the timeline. Approach to Phasing When it comes to project phasing, understanding the process and impacts of construction is as important as quantifying the elements of construction. Looking at the project from an owner’s perspective is crucial. Will phasing impact the current operations? Is there a better way to achieve the project goal through alternative phasing schemes? These questions, and more, must be asked during phasing analysis for the project. Cumming team members have the proven experience required to determine the impacts to your schedule and budget, and bring the most value to your project. Schedules should not only serve as an overall view of a project at a particular moment in time, but as a management tool that should be used to evaluate and drive results. It takes a team THAT ANTICIPATES AND MITIGATES RISK. City of Cupertino Scheduling Services cumming-group.com 25 CPM and Pull Planning Integration Approach Cumming has developed a Schedule Approach for the project that is rooted in a lean delivery method of minimizing waste through effective planning. This document will serve to outline that approach to achieve the following goals: Integrate and Align CPM and Pull Planning Minimize redundancy and focus on throughput time Maintain 1:1 relationship Minimize opportunity for process breakdown Leverage technology (software) to do what each does best Trade Partner involvement in entire process OFE & LLE Process for prefabrication Clean executable, repeatable, cost effective Historically accurate for ABC Metrics for continuous improvement CPM high-level planning is needed for coordination between designers, construction trades, vendors, and the owner at a high level. Pull Planning is needed to maximize the team’s production on a day-to-day basis. Both processes are more effective and minimize waste best when they are used in a manner that allows each system to complement the other. City of Cupertino Scheduling Services cumming-group.com 26 Figures 3 and 4 below are from a current ski resort development current utilizing Cumming for schedule monitoring services. The project is currently on schedule; however, the project was at risk to miss a major turnover milestone for the coming winter ski season. Figure 3 shows the path to the ski easement turnover and the -28 day delay to turnover milestone, -3 days past the required date. Analysis of the schedule and work in place indicate that the delays to this point are the responsibility of the General Contractor, except for 3-day of weather. After review of the delay allocation, and discussions with the general contractor, means of mitigating the delay were incorporated into the schedule for an on-time delivery of the ski slope. Figure 8 shows the Step Analysis for the entire project and the calculated schedule risk due to Float Erosion, Compression and Schedule Delay. We calculate Schedule Risk as a combination of Schedule Compression, Schedule Delay and Float to give early visibility of areas of the project add risk to the project. As shown in this example, the project is still on schedule, however the Finishes show 54 workdays of compression, with 0 days of float. Similarly, Drywall shows 42 workdays of compression, however as it has 6 days of float, the risk to the project, if the contractor fails to complete the work in a compressed period, is 36 days. City of Cupertino Cost Management ccorpusa.com Methodology and technology for estimating. The delivery of each project on-budget, on-schedule, and on-quality is our primary goal for every client. This means much more than administering a project through weekly site visits, attending meetings, and taking notes. Cumming’s project managers proactively lead, challenge, motivate and direct teams to generate superb results that save money and time, mitigate risk, and achieve our clients’ delivery goals. We are advocates for our clients and we take great pride and ownership in everything we do. We are pro-active leaders and ensure that the documents used to manage the process are clearly incorporated in the contracts with consultants and the contracting community. Setting expectations upfront and early is a key to a project’s success. The Cumming approach is founded on principal involvement, and our staffing plans vary from project to project and adjust to meet the needs of our clients and the project’s specifics. All projects are led by an executive (VP- level), and supported by a day-to-day Project Manager and Cost Manager who will be intricately involved in the project from inception through completion. As projects of this type always have ups and downs in terms of involvement, the dedicated team is supported by localized resources of dedicated project, cost, and schedule management staff to drive our overall efforts and meet tight impactful deadlines. One of our immediate tasks upon engagement is to set up a project governance structure that encourages efficient, thoughtful, and proactive decision-making. This governance structure guides not only the relationship between Cumming and ownership, but the entire project relationship for all other consultants, including but not limited to the architect, construction manager (CM), engineers, and FF&E and specialty consultants. It takes into account the corporate structure of clients, the key internal and external stakeholders that must be engaged, and establishes a workflow cadence that is agreed upon at the outset of a project. We look to manage the relationship with the Client as a partnership, with the executive driving this at the corporate level, and the cost management lead on a day-to-day level. Continuous improvement is rooted in our DNA, and beyond advocating daily feedback, the Cumming executive will participate in a monthly meeting with the Client’s lead and our team lead. On a quarterly basis, an independent review will happen in the form of a one-page feedback session. Cumming also worked with clients to establish project KPI’s, and in doing so, we emphasize the word key – it has to be essential to achieve the aim of project delivery with compliance. During quarterly reviews, the KPIs are systematically measured and reported on. On an annual basis we reevaluate with the Client what is the key that really makes a difference and realign with the needs of the program. KPIs cannot be static, they adjust as projects evolve. When required, pull together a specialist “task force” of team members that are highly well-versed in a particular aspect of the project – from an understanding of the local market, to the specifics of MEP estimating, to negotiating skills with subcontractors. City of Cupertino Cost Management ccorpusa.com U.S. CONSTRUCTION MARKET MARKET SNAPSHOT Q4 - 2019 NEW YORK, NY Construction in NYC is continuing to slow down, with seeing a yearly low back in April. As mentioned in our last projections expecting this to continue into 2022. 2019 has report, new legislation has come into force with regards to seen a large drop in the residential markets; however, in 2020, health and safety, particularly the reporting of incidents, and Total Construction Market Volume by Sector (x $1m, Nominalized 2012$) Annual Volume (x$1m, 2012$) This includes religious buildings, amusement, government communications and public recreation projects. Construction Spending Index 2010-2021 (2010=1.0) Pre-Construction Phase Methodology During the pre-design and design phases, our team will confer with your staff concerning specific project goals relative to project scope, project budget, project schedule, design concepts, and quality as a basis for formulating a detailed development plan for the project. One of the main objectives during this period is to provide a conceptual cost budget and a preliminary “Critical Path Method” development schedule for the project. Cumming will also assist the design team with the evaluation of proposed systems, equipment and materials, and will advise you on alternatives to optimize cost effectiveness, quality standards and system life cycle costs and benefits (value engineering). Budget and Cost Management In order to provide reliable cost management services, a thorough understanding of the global, national, and local markets for such specific drivers as material commodities, availability and cost, as well as labor availability and cost—which can and do affect the cost of a project—must be tracked and known. Cumming starts by developing a crew-based database system that utilizes current local labor rates, workers compensation, sales tax, subcontractor mark-ups, equipment pricing, material pricing, adjustments for productivity, core inflation, access to materials, and other special circumstances. Our internal economist continuously tracks global, national, and regional trends on a monthly basis, including U.S. dollar exchange rates, energy costs, global demand, construction volume, labor availability, and material costs. This is further enhanced by our program- or project-specific local market study, which is used to develop data specific to the program or project. Cumming adheres to the following guidelines of good cost management: A thorough understanding of the project goals, deadlines, and scope: Cumming works with the client at the earliest phases of the project in order to thoroughly understand the goals for the project, the constraints and milestones that need to be met, and the scope of work to be delivered. Detailed early design estimates: Cumming works with the project team early in the design process to develop detailed cost plans across all divisions of work, thereby reducing or eliminating the use of cost-per-square-foot or lump-sum line items whenever possible. By working with the team to provide detailed line items and budgets, this allows Cumming to guide the team throughout design following an established cost plan in order to make informed decisions. Proactive participation through the life of the project: Using the established cost plan, Cumming works with the project team throughout design, listening in on interim team meetings and stepping in when changes occur that alter the agreed upon cost plan. This interim participation reduces or eliminates the surprises that come with milestone cost estimating when final design plans come out, saving the project both time and money. Value management/cost trade-offs during the life of the project: Value management is not only helpful when a project needs to cut costs. Cumming’s cost management team constantly looks for opportunities to add value to projects by utilizing cost trade-off analysis through material substitutions, alternate means or methods, and life-cycle cost analysis. Continued assistance through the bid phase and construction: Getting a project to the contractor does not guarantee success. Cumming has extensive experience working with the project team to evaluate contractor bidding, schedule of values, buyout strategy, and change orders to keep the project on track. Keeping an eye on the total project costs at all times: Delivering construction costs on budget is only part of the solution. If the construction budget is met but the other budgets are not, the project does not succeed. Cumming’s cost management team has extensive experience both budgeting and managing the total project costs for our clients. Estimate Development Upon completion of the quantity take-off, market analysis, and collection of local pricing data, Cumming’s estimators input the data into our estimating system. Cumming sets up the estimate Work Breakdown System (WBS) to best accommodate the needs of the project and to match the formats of other project estimates. Project general conditions, general requirements, mark-ups, contingencies, and escalation factors are added as required to provide a complete, total estimated construction cost. City of Cupertino Cost Management ccorpusa.com Estimate QA/QC Once the estimating data has been compiled into the estimating system, the estimate is thoroughly reviewed by the estimating team, the project manager, the vertical project leader, and an independent reviewer. A detailed review and comparison of gross floor areas, comparisons with similar projects or similar scopes of work and previous phase estimates are performed to ensure accuracy. Areas of difference between previous estimates are identified and documented in our variance reports. Publish Estimate Upon completion of our internal QA/QC process, the estimate is published and distributed to the project delivery team. Estimate Review with Project Team Upon completion and delivery of the estimate, the Cumming estimating team will meet with the project delivery team to thoroughly review the estimate detail, costs, assumptions, and allowances to ensure the estimate is a complete representation of both the documents and the intent of the design. Any identified changes and adjustments will be made, and a final revised estimate will be published. Estimate Reconciliation Cumming’s cost management group will review and provide a detailed comparison between our estimates and the estimates prepared by others (design team, CM, and other independent estimators). We will identify areas of difference and meet with the project delivery team and other estimators to thoroughly review the estimates, assumptions, and areas of difference. Working with the team, we will reconcile our estimate with the other parties’ estimates on a detailed, division by division level. This detailed reconciliation ensures that all parties are on the same page and possess a thorough understanding of the project. This helps eliminate unknowns and incorrect assumptions that often lead to cost creep later in the project. Upon completion of reconciliation, we will make required modifications and re-issue the estimate along with a summary report of the reconciliation. Cumming’s proactive cost management approach assures our clients that they are getting the most value for their invested dollar, accurate pricing based upon local market analysis and understanding of the national economy, and a proven process that is timeless and delivers the goals and objectives set by the project owner—on time, on budget, and within the quality standards established at the beginning of the project. Exceeding Expectations Cumming’s approach to managing the team rests on a foundation of effective communication and teamwork. To facilitate this approach, we clearly define the roles and responsibilities of all parties at the start of the project so that everyone has an opportunity to meet expectations. During the design phase each discipline lead must attend design phase progress meetings which are typically scheduled on a weekly basis. Representatives are held accountable for assigned action items based on due dates tracked to the overall design phase milestone schedule. Weekly meeting minutes are distributed timely and follow- up on action items occurs in advance of the next meeting to keep progress on track. We work closely with all consultants to ensure that each team participant is performing according to the expectations of the Owner and meeting the terms of the contract. City of Cupertino Cost Management ccorpusa.com Software for Cost Control, Forecasting, and Reporting Estimating Cumming is extremely adept in all technology-based measurement and estimating systems. Dependent upon our client’s preferences, we easily adapt to new software and enlist an internal champion to ensure our team members are well trained and comfortable within the systems. Our current in-house tools for measurement and estimating include OST, Bluebeam, CostX, Destini Estimator, and D-Profiler. Project Controls The software programs used by Cumming are comprised of industry-leading collaborative systems including the following programs: We reduce risk and uncertainty by providing solutions to benefit our clients. CAPP Analytics and our project controls solutions provide the following benefits: Better project visibility from enterprise aspect Standardization of best practices Predictable outcomes that enable corrective actions Prolog Procure Proliance e-Builder PM Web Unifier Encouragement of “top down” viewpoint of project success/issues Earlier anticipation = greater impact on We also have in-house proprietary software: CAPP Analytics, which we use for Project Controls, and CAPP Database, which we use for benchmarking. We also have in-house software engineers that help us develop IT solutions for our clients and manage continued development of our proprietary systems to suit clients’ needs. Our flexibility in the use of these informational systems allows complete agility to interface with and meet our clients’ requirements. We have our own in-house software developer, Jorge Aulestia De Faria who, along with his team, has developed a number of software systems for Cumming’s use and more, specifically for some of our leading clients. Cumming provides this enhanced level of support to our clients, along with database assistants to work with our Quantity Surveying and Estimating team. controlling costs and schedule Informed decision-making and transparency Integration with your culture Improved collaboration Enables “what-if” scenario planning Generates cost savings KPI Overview Building 36-A Upgrade Budget Committed Balance 110.3M $ 38.8M $ 71.5M Consultant: Contact: Name: Katie Bipes Email: Phone: 415.982.9130 Project: Scope of Work: City Project Management Fiscal/Budget Master Agreement Amount: 170,000.00 0.00 This Service Order: 76,000.00 0.00 94,000.00 Approvals Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance:Date: Management Analyst Department Head: Date: Total Liquidated Encumbrance: Master Agreement Unencumbered Amount: Consultant:Date: Total Previously Encumbered: Evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, Sports Center, and subsequently other target sites (Golf Course, Service Center and City Hall Annex). iden8fy the menu of residen8al product types (market-rate and BMR) compa8ble with civic uses that are marketable with accompanying top line product positioning and value estimates. Iden8fy housing development op8ons based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. Iden8fy a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. Account No.: 420-99-250 900-905 Project Number: CIV 001.01.01 1787) Cumming Management Group, 475 Sansome St, Suite 700, SF, CA 94111 kbipes@cumming-group.com Managing Department: Public Works Project Manager: Susan Michael City Hall Improvements (420-99-250) - Strategic Advisory Services City of Cupertino MASTER AGREEMENT SERVICE ORDER NO. 1 Master Agreement # : 2023-031 Master Agreement Amount: $170,000.00 Effective Date: 8/29/2023 Agreement End Date: 12/31/2026 City of Cupertino - Cumming Group, Inc. Master Agreement Page 1 of 1 Service Order No. `1 John Olsson Sep 12, 2023 Sep 12, 2023 Sep 12, 2023 Project Understanding We understand that the City of Cupertino (“City”) is seeking a consultant to aid the City in their evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, and subsequently other target sites, identified as: IMMEDIATE SITES A.City Hall and Future Annex Address: 10300 / 10455 Torres Avenue Flexible use as future City Hall, combined public/private use such as City Hall and housing, or all private use as housing or BMR housing. B.Sports Center 21111 Stevens Creek Boulevard Flexible use with some public amenities retained. Potential redevelopment with residential and/or commercial with existing uses. OTHER SITES C.Senior Center 21251 Stevens Creek Boulevard Potential for ground floor public facility with above being senior independent, assisted living, or residential. D.Golf Course 22100 Stevens Creek Boulevard Continued open space or golf use. E. Service Center 10555 Mary Avenue Redevelopment opportunity to consider. A key objective is to create an economically sustainable project that may incorporate revenue generating uses in addition to required City functions. The Concord Group, as a consultant to Cumming, can provide an array of services to facilitate optimization of the properties and the fulfillment of the projects economic and community service goals. The initial focus will be a “go\no-go” scope leading to preliminary recommendation for the City Hall and Sports Center sites. We will determine in the “go\no-go” phase of work if there are market and financially viable opportunities for public/private development. Subsequently, City Council may authorize more detailed programming and financing plans on these and the other sites identified above. Our proposed phases reflect our scope of work based on our understanding of the City’s prioritized needs: 1. Cost neutral solution 2. Renovated/replaced City Hall with incorporated public space 3. Renovate/replace aging public facilities 4. Public service elements on all properties currently providing public services 5. BMR housing Therefore, the proposed scope of work is anticipated to include the following phases and services that proceeds from analysis through implementation. Scope of Work GO/NO-GO ASSESSMENT FOR CITY HALL AND SPORTS CENTER SITES A.Initial Market Reconnaissance and Program Opportunities identify the menu of residential product types (market-rate and BMR) compatible with civic uses that are marketable with accompanying top line product positioning and value estimates. Identify housing development options based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. Identify a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. Reimbursables – $3000 Total (Including all air fair, hotel expenses, gas, meals, etc., for one two-person site visit by The Concord Group.) ADDITIONAL WORK SCOPE B. Scenario Programming: City Hall Focus Refine the programing menu to best fit the economic objectives for the site. Prepare “analogue case studies” to define the master plan vision. Perform built product values, net operating income and land value guidance for the various product types and densities considered, leading to alternative development scenarios. Provide estimates of proposed alternatives Work with City Officials and an architect/planning firm to create initial yield studies to determine “best fit” and three potential development site plan options for the Cupertino Civic Center Property, leading to a City Preferred option. Develop and/or confirm preliminary space needs for City Hall and other public/private uses desired and/or needed in the short term and long-term. This information will effectively serve as the new Master Plan for the City’s Civic Center. Meet with stakeholders to discuss findings and build consensus Work with City staff to coordinate efforts Present findings to City Council Deliverables: Summary document of findings, conclusions, and recommended actions City Council Presentation Conceptual estimates for programming options Reimbursables – $3000 Total (Including all air fair, hotel expenses, gas, meals, etc., for one in- person working session by The Concord Group.) C. Stakeholder Engagement (Optional) Identify a stakeholder strategy to successfully bring about consensus to support the preferred alternative(s). Meet with stakeholders to discuss findings and build consensus Work with City staff to coordinate efforts and make presentations to the City Council. Deliverables: Focus Group and Public Open House meeting agendas Reimbursables – TBD based on approved scope. Scope of Work D. Implementation Strategies & Development Implementation strategies and their execution are the heart of successful redevelopments plans. We are specialists in designing implementation strategies that achieve results, guide the next era of investment, activate underutilized properties and public spaces, and provide the energy and soul to communities, creating value for property owners and merchants and sustainable revenues for the local governments and agencies. We will provide specific actionable strategies based on the information and plans completed as part of this proposal. We will seek out public-private partnerships and project delivery approaches to develop new public facilities at lower costs than otherwise achievable under traditional project delivery methods. We will use and access our extensive network of developers in Northern California for this project. Deliverables: Due Diligence Checklist Development RFQ/RFP for the City Hall site Draft Project Development Schedule Draft Term Sheet E. Developer Negotiation/Transaction Closing We will negotiate preliminary deal terms (Letter of Intent or Memorandum of Understanding) and final purchase and sale/lease/development agreement or other P3 agreement with the preferred developer/tenants. Assist with any closing conditions leading to construction. Continue to meet with the City staff and City Council. F. Architect Procurement and Management (Optional) Prepare an RFP for Architectural services; receive proposals, level bids, and conduct interviews with Architect finalists; recommend award of contract and, in conjunction with City’s legal counsel, negotiate form of agreement. Manage the Architectural team through completion of Phase 1 Master Plan for the Civic Center Work with City staff and make presentations to the City Council Provide Design Management and Estimating for budget development Deliverables: Architectural Services RFP G. Future Services Provide GC and Consultant Procurement Management, Design Management, Construction Management & Closeout services for the properties listed, as required by the City of Cupertino. The phased work scope is outlined in greater detail on the following pages and will be conducted sequentially through the planning process. 1.Participate in a in-person kickoff-planning meeting with the City’s team to confirm objectives, the scope of the engagement and to debrief on the City’s required programming per each site, and to walk the sites in the field. 2.Analyze the properties with a specific focus on the market potential for creating private development opportunities that will assist in paying for a new City Hall, other facilities and other identified civic uses. 3.Define the Site's Primary Market Area (“PMA”), the area from which the majority of the demand will emanate for new development. a.Building on previous experience in the market area, gather selected socioeconomic trends for the above defined PMA, and analyze relative to demand for housing.. 4.Identify the Competitive Market Area (“CMA”), the area in which the proposed land uses will compete with other projects on a more or less equal basis. a.Survey selected competitive and comparable projects within the CMA and SMAs. 5.Analyze the findings of the research in Steps 1 through 4, above, and provide a preliminary menu of housing types (BMR, workforce, market rate) with supportable market scale/absorption and top-line price/rate/rent positioning, and estimated construction cost. a.Identify a menu of potential delivery methods that can be utilized for the project (including a range of Design- Build, and other available delivery approaches). b.Provide an initial “go/no-go” assessment for the utilization of a public-private partnership to finance new development on the sites, supported by high-level assessment of costs and revenues. 6.Conduct Working Session 1 (via web), supported by a Briefing Book of key exhibits to present our findings form this scope of work to the City’s team in format suitable for inclusion in a Staff Report to Council. Scope of Work Go/No-go Assessment For City Hall And Sports Center Sites A.Initial Market Reconnaissance and Program Opportunities Scope of Work 1.Supplement the reconnaissance from Section A above with additional information as required to enhance product specific conclusions. 2.Identify a panel of three (3) development analogues" of Civic and private redevelopment concepts designed to achieve the City’s civic uses and vision for the site and analyze relative to their planning, development, and marketing, including: mix of land uses and densities, amenity profiles, price/rent positioning relative to the regional competitive market, marketing programs and user/tenant/resident profiles. a.Evaluate the critical success factors from the case studies and assess the lessons learned at these analogues for applicability to the property. b.Utilize the results of the analogues analysis to support the three proposed development site plan options for the Civic Center property. 3.Perform land residual analyses and provide guidance as to resulting finished pad and built- product values for each of the development alternatives considered for the Site, characterized by: a.Market-driven top-line revenue assumptions generated above; b.Vertical construction costs (from our knowledge base as well as the team’s local contacts); c.Projected operating cost metrics based on assessed local/regional conditions. 4.Prepare development programming options & preferred option for the Site, relative to: a.Supportable land uses, including mixed- use and product densities (FAR); b.Target user/tenant/resident profiles c.Associated price/rent/lease points and market positioning; d.Absorption projections; e.Potential phasing; f.Underlying land values (at “finished pad”) and built values per product type; g.Prepare three (3) development scenarios for the development program, leading to a preferred Site Plan Option of the property based on the City’s established objectives, buildout timing and intensity. 5.Select, contract, and coordinate with architectural/design firm to prepare test-fit yield studies for the development scenarios and site plan options prepared above. a.The yield studies will incorporate analysis of property opportunities and constraints, and how the market-driven land use program(s) can be accommodated and/or refined as needed. 6.Work with City officials to identify preliminary space needs for City Hall and other public/private uses desired and/or needed in the short term and long-term. Additional Work Scope B. Scenario Programming: City Hall Focus Scope of Work 7.Create preliminary City Hall Site Plan by evaluating potential parcels/lots identified on the site not needed to support civic uses that can be sold, offered for long-term lease for private revenue producing uses and placemaking opportunities that can: (i) create a source of funds to offset costs associated with new public facilities. further catalyze desired commercial or mixed-use development nearby; and (ii) further catalyze desired commercial or mixed-use development nearby; 8.In this Phase, we will participate in Working Session 2 to debrief on modifications to Phase 1 conclusions and present the analytical results from Phase 2. 9.Following the working session, and incorporating its discussions, we will present our findings, conclusions, and recommended actions in a summary document suitable for internal use, as well as for presentation to third parties, such as public stakeholders, potential investors, etc. B. Scenario Programming: City Hall Focus (Continued) We will work with City officials to develop a specific Stakeholder Strategy tailored to meet the project’s needs. For purposes of our scope, we have included three of the six potential activities to inform, engage, and gather input from the identified stakeholders throughout the development of redevelopment option: a.Stakeholder Interviews - We can conduct interviews with key stakeholders in the community to gather input on assets in the area and potential opportunities to create catalytic development opportunities that support needed civic uses. b.Focus Groups - We can lead focus group meetings to get targeted input on the development plan effort or as a way to collect feedback on the draft vision particularly with individuals that may not participate in the stakeholder interviews or other meetings along with the real estate development community. c.Public Open Houses - We can hold public meetings that allow the community to stop- by during a defined time period and ask questions about development options and the process. d.Charrette/Community Workshop - We could conduct a half to full day workshop focused on the development plan vision and establishment of values. This workshop could include: an evening event; small group workshop exercises; open studio hours for the consultant team to work and the public is invited to stop by and provide input; and a presentation by the consultant team on the outcomes of the workshop. e.Pop-Up Events - We could conduct pop-up events that bring activities and information to engage the community where they are. Such events would be staged in busy locations. Pop-up events could be conducted to gather input on the development vision. f.Web -based Outreach - We can develop a project-specific web page for use on the City website to project updates, meeting notifications, and collect any desired survey data to help guide the planning process. C. Stakeholder Engagement (Optional) Scope of Work 1.Evaluate various project delivery approaches to achieve schedule, quality of construction, and reduced costs for public facilities (City Hall, fire station), including Design-Bid-Build, Design-Build, Progressive Design-Build, GC/CM, 63-30 financing, and other available delivery approaches authorized by State law. 2.Identify potential philanthropic contributions toward civic facilities and for any below market housing that may be included on the site (e.g., Apple Affordable Housing Fund) 3.Recommend project delivery and funding strategy approach for new City Hall along with catalyst development projects. 4.Provide the following marketing, recruitment, and development agreement negotiation services: a.Due Diligence Check List. We will identify a list of due diligence that should be completed as part of the proposed public and private development. We can also contract directly and manage these services for an additional fee as needed or desired. The reports identified by the checklist would ideally be prepared prior to the issuance of a Development Offering or Developer RFQ/RFP for the City Hall site. I.This list may include survey, title report, environmental report (Phase 1 and/or 2), geotechnical studies, environmental checklist, appraisal, and traffic impact analysis. Often such documents are provided to developers who register as interested parties during the Development Offering, RFQ/RFP process. b.Draft Project Development Schedule. A dynamic document (excel, Microsoft Project, or other common file type) that shows the expected major phases extending from any City development plan for its Civic Center property to groundbreaking for multiple phases of development. I.This will be a conceptual schedule since the timing and duration of future events is by nature uncertain. While actual timing will almost certainly differ from forecast timing, this is a valuable tool that can help stakeholders understand a reasonable schedule of events. c.Draft Term Sheet. A draft term sheet will be prepared including the proposed/ recommended terms of the development transaction for the available public land proposed to be sold or leased, including transaction/purchase price, developer requirements (e.g., construction of public facilities, certain commercial or mix-use development, shared parking, etc.), and expected roles and responsibilities for all parties. I.The purpose of a draft term sheet is to support future discussions and negotiations with potential developers, and to ensure expectations are achieved. Some or many expected deal points may also be included in Development Offering or RFQ/RFP documents. D. Implementation Strategies & Development Recruitment Scope of Work d.Development Recruitment. All marketing and solicitation materials will be prepared to recruit the desired development. We will use either a Development Offering process or a two-step process of a Request for Qualifications (RFQ) and Request for Proposal (RFP) to recruit and create a highly competitive selection process. A scoring and evaluation system will also be created to assist in the selection of a preferred development and team. Below are some key Development Recruitment elements: I.Contact potential developers, brokers, and other and create buzz around the development opportunity; II.Manage review and developer submittal ranking process III.Manage stakeholder meetings to discuss and/or rank submittals IV.Manage interviews with short-list of developers V.Manage meeting(s) to discuss and select preferred development team D. Implementation Strategies & Development Recruitment continued) 1.Negotiate preliminary deal terms (Letter of Intent or Memorandum of Understanding) with preferred developer/tenants(s) and negotiate and manage execution of purchase and sale/lease/development agreement or other P3 agreement with the preferred developer. Assist with any closing conditions leading to construction. a.Every purchase and sale or lease and development agreement of public property is an opportunity to develop a public-private partnership achieving far greater results than what can organically occur in the marketplace E. Developer Negotiation/Transaction Closing Scope of Work 1.Provide GC and Consultant Procurement Management, Design Management, Construction Management Closeout services for the properties listed, as required by the City of Cupertino. G. Future Services 1.We will work with City officials to develop an RFP for Architectural Services that is tailored to meet the Phase 1 Architectural needs. For purposes of our scope, we have included potential activities: 1.Architect Procurement: 2.We will leverage our industry connections to engage potential Architectural firms with similar industry experience for City governments 3.Develop a Scope of Services for City review and confirmation 4.Develop Evaluation Criteria for City review and confirmation 5.Receive and level proposals 6.Facilitate interviews with Architect finalists 7.Recommend award of contract 8.Negotiate form of agreement with City and Architect’s legal counsel 2.Architect Management: 1.Oversee Architect during all Phases F. Architect Procurement and Management (Optional) Fee Proposal Time and Fee Schedule The following timing and professional fees are required to complete the work scope: Cumming’s standard billing practice is based on time and materials, in which invoices are submitted monthly for hours expended on work performed the month prior. Utilizing this philosophy, we have found that Cumming’s fee approach traditionally provides our clients with the most flexibility and cost effectiveness, as costs are only incurred based on the current needs of the owner. Phase Duration Proposed Fee A – Go/No-Go Market Opportunity Assessment Covering City Hall and Sports Center Sites 4 weeks $30,000 Phase A Reimbursables -$3,000 B - Scenario Programming Covering City Hall/Civic Center Other properties to be determined as needed 6 – 8 weeks $40,000* Phase B Reimbursable -$3,000 Sub-total (Excluding Optional Work)$76,000 Market Opportunity for Additional Sites 4-5 weeks $48,000 C – Stakeholder Engagement (optional)TBD TBD D – Implementation Strategies & Development Recruitment -$30,000 - $48,000** E – Developer Negotiation / Transaction TBD $40,000-$85,000* F – Architect Procurement (Optional)TBD TBD G – Future Services (Optional)TBD TBD Reimbursable expenses Any reimbursable expenses incurred during Cumming’s performance of services, including, without limitation, all costs for personnel, travel within twenty-five (25) miles of the City’s geographic limits, per diem expenses, printing and/or shipping of deliverables will be billed at actual costs with 0% mark-up. Note: Fee in Phase 1 excludes Design Services subconsultant, typically $30,000-$40,000. Note: Fees will be specified prior to initiating steps 2 and 3 Our proposed fees are valid for thirty (30) days from the date of this proposal. The rates are subject to change on a yearly basis starting on January 1, 2024. SO_01 Cumming_TCG RE Strategy Final Audit Report 2023-09-12 Created:2023-09-12 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAbunOOKaHIVhQ0SnfUTrQauILYfkQMS1L SO_01 Cumming_TCG RE Strategy" History Document created by Julia Kinst (juliak@cupertino.org) 2023-09-12 - 8:32:06 PM GMT- IP address: 216.198.111.214 Document emailed to John Olsson (jolsson@cumming-group.com) for signature 2023-09-12 - 8:33:41 PM GMT Email viewed by John Olsson (jolsson@cumming-group.com) 2023-09-12 - 9:04:50 PM GMT- IP address: 46.173.244.59 Document e-signed by John Olsson (jolsson@cumming-group.com) Signature Date: 2023-09-12 - 9:05:11 PM GMT - Time Source: server- IP address: 12.1.37.226 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2023-09-12 - 9:05:13 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2023-09-12 - 9:18:10 PM GMT- IP address: 104.47.74.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2023-09-12 - 9:19:17 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Julia Kinst (juliak@cupertino.org) for signature 2023-09-12 - 9:19:18 PM GMT Document e-signed by Julia Kinst (juliak@cupertino.org) Signature Date: 2023-09-12 - 10:13:53 PM GMT - Time Source: server- IP address: 216.198.111.214 Agreement completed. 2023-09-12 - 10:13:53 PM GMT Consultant: Contact: Name: Katie Bipes Email: Phone: 415.982.9130 Project: Scope of Work: City Project Management Fiscal/Budget Master Agreement Amount: 170,000.00 76,000.00 This Service Order: 7,500.00 0.00 86,500.00 Approvals Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance:Date: Management Analyst City of Cupertino MASTER AGREEMENT SERVICE ORDER NO. 2 Total Previously Encumbered: Evaluation of the redevelopment opportunities initially for the City Hall, Civic Center, Sports Center, and subsequently other target sites (Golf Course, Service Center and City Hall Annex). iden7fy the menu of residen7al product types (market-rate and BMR) compa7ble with civic uses that are marketable with accompanying top line product positioning and value estimates. Iden7fy housing development op7ons based on market demand, rent levels (market and BMR), unit types and mix, and the City’s program and services required on each parcel. Prepare preliminary financial analyses to determine revenues and value generated by private uses that can be used to offset development and operating costs associated with public uses. Iden7fy a menu of public/private partnership and project delivery approaches (i.e., financial tools and structures) that can be used in the projects. Deliverables: Briefing Book of key exhibits in a format suitable for inclusion in a Staff Report to Council. Account No.: 420-99-047 700-702 Project Number: FVAR 002.01.01 Master Agreement # : 2023-031 Master Agreement Amount: $170,000.00 Effective Date: 8/29/2023 Agreement End Date: 12/31/2026 1787) Cumming Management Group, 475 Sansome St, Suite 700, SF, CA 94111 kbipes@cumming-group.com Managing Department: Public Works Project Manager: Susan Michael CIP Prelim Planning & Design - Cost Estimate for Sheriff's Bldg CIP Manager:Date: Total Liquidated Encumbrance: Master Agreement Unencumbered Amount: Consultant:Date: City of Cupertino - Cumming Group, Inc. Master Agreement Page 1 of 1 Service Order No. 2 John Olsson Sep 12, 2023 Sep 12, 2023 Sep 12, 2023 475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090 www.ccorpusa.com 1 City of Cupertino – SHERIFF OFFICE COST MANAGEMENT PROPOSAL August 17th, 2023 Matt Morley – Assistant City Manager, City Managers Office 10300 Torre Avenue Cupertino, CA, 95014 Proposal No: 23-2362 RE: Sheriff Office, Cupertino, CA Cost Management Services Proposal Dear Matt: Thank you for giving Cumming the opportunity to work with you on the above-mentioned project. Cumming has a long history of working collaboratively with owners and developers across the United States. Our team members are skilled in fostering an atmosphere of innovation, responsibility, responsiveness, and honest communication. Our proactive approach, along with our communication skills, helps keep the entire team ever mindful of budget, risk, and schedule parameters. We will work closely with all stakeholders within the team to ensure your project is delivered in a way that exceeds your expectations. Further to your request for provision of Cumming’s cost management services related to the New Sheriff’s Office project, please find the following documents, for your review. 1)Project Understanding 2)Cost Management Scope of Services and Fee 3)2023 Hourly Rates If we can answer any further questions, please do not hesitate to contact us. Respectfully submitted, Vaughan Clarke Managing Director Cost Management vclarke@ccorpusa.com C: 415-982-9130 475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090 www.ccorpusa.com 2 City of Cupertino – SHERIFF OFFICE COST MANAGEMENT PROPOSAL 1.SECTION 1 - PROJECT UNDERSTANDING We understand the scope of work includes demolishing an existing building and the construction of a new 20,000 sf single-story office building and associated sitework improvements in Cupertino, CA. 2.SECTION 2 - SCOPE OF SERVICES and FEE Proposed Base Scope Services Include: Prepare a single Statement of Probable Cost (SOPC) at the Feasibility stage. Review, quantify, and price all available design documentation. o Kick-off meeting with project team. o Generate cost model including all direct construction and soft costs. o Prepare a single revision to the SOPC based on project team feedback. Exclusions: Life cycle cost or total cost of ownership analyses. Reconciliation with general contractor or 3rd party estimator. Our Time and material fee, for the above service is $7,500. Based on hourly rates provided in Section 3. Below. Our fees assume any required design information (including drawings, specifications, and reports) for the performance of our work will be provided electronically at no cost to Cumming. PDF is the preferred electronic format. The estimates will be presented in an industry standard or custom format to suit both design team’s review and owner preference. Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of the remaining service. Please note we will require written authorization to proceed and acceptance of the proposed contract attached to this letter. We are excited to work with you to provide comprehensive cost management services and look forward to the opportunity to add value to your project. Should this proposal be acceptable, please sign and return: City of Cupertino Authorized Signature: Print Name: Print Title: 475 Sansome St., Suite 700 | San Francisco, CA 94111 | (415) 748-3080 | (415) 748-3090 www.ccorpusa.com 3 City of Cupertino – SHERIFF OFFICE COST MANAGEMENT PROPOSAL 3.HOURLY RATES 2023 HOURLY RATES COST MANAGEMENT DISCIPLINE HOURLY RATE Vice President $350.00 Managing Director / Director / Regional Director $300.00 Associate Director $225.00 Senior Cost Manager $200.00 Cost Manager $185.00 Assistant Cost Manager / Estimating Technician / Intern $125.00 SO_02 Cumming_sheriffs bldg cost Final Audit Report 2023-09-12 Created:2023-09-12 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAdH1mTzCIfrC4AJEBi2K9ledJSu83PDIt SO_02 Cumming_sheriffs bldg cost" History Document created by Julia Kinst (juliak@cupertino.org) 2023-09-12 - 8:34:15 PM GMT- IP address: 216.198.111.214 Document emailed to John Olsson (jolsson@cumming-group.com) for signature 2023-09-12 - 8:35:17 PM GMT Email viewed by John Olsson (jolsson@cumming-group.com) 2023-09-12 - 9:04:09 PM GMT- IP address: 213.188.78.87 Document e-signed by John Olsson (jolsson@cumming-group.com) Signature Date: 2023-09-12 - 9:04:39 PM GMT - Time Source: server- IP address: 12.1.37.226 Document emailed to Susan Michael (susanm@cupertino.org) for signature 2023-09-12 - 9:04:40 PM GMT Email viewed by Susan Michael (susanm@cupertino.org) 2023-09-12 - 9:26:06 PM GMT- IP address: 104.47.73.254 Document e-signed by Susan Michael (susanm@cupertino.org) Signature Date: 2023-09-12 - 9:26:17 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Julia Kinst (juliak@cupertino.org) for signature 2023-09-12 - 9:26:19 PM GMT Document e-signed by Julia Kinst (juliak@cupertino.org) Signature Date: 2023-09-12 - 10:14:07 PM GMT - Time Source: server- IP address: 216.198.111.214 Agreement completed. 2023-09-12 - 10:14:07 PM GMT